BILL REQ. #:  Z-0557.2 

Read first time 02/04/11.   Referred to Committee on Natural Resources & Marine Waters.

     AN ACT Relating to consolidating natural resources agencies and programs; amending RCW 43.17.010, 43.17.020, 42.17A.705, 43.03.028, 79.64.020, 79.64.100, 79.70.020, 79.70.030, 79.70.070, 79.70.080, 79.70.090, 79.70.100, 79.70.120, 77.12.650, 77.04.012, 77.04.030, 77.04.055, 77.04.060, 77.04.120, 77.04.130, 77.04.150, 77.08.010, 77.08.020, 77.08.022, 77.08.030, 77.12.010, 77.12.020, 77.12.035, 77.12.037, 77.12.037, 77.12.045, 77.12.047, 77.12.068, 77.12.140, 77.12.150, 77.12.152, 77.12.170, 77.12.177, 77.12.210, 77.12.220, 77.12.275, 77.12.285, 77.12.320, 77.12.323, 77.12.325, 77.12.330, 77.12.420, 77.12.455, 77.12.560, 77.12.570, 77.12.722, 77.12.760, 77.12.800, 77.12.850, 77.12.875, 77.12.878, 77.12.882, 77.15.065, 77.15.096, 77.15.120, 77.15.130, 77.15.160, 77.15.245, 77.15.250, 77.15.253, 77.15.290, 77.15.382, 77.15.400, 77.15.425, 77.15.520, 77.15.522, 77.15.530, 77.15.554, 77.15.590, 77.15.700, 77.15.710, 77.15.720, 77.18.060, 77.32.007, 77.32.025, 77.32.050, 77.32.070, 77.32.090, 77.32.155, 77.32.237, 77.32.238, 77.32.370, 77.32.400, 77.32.430, 77.32.440, 77.32.450, 77.32.470, 77.32.500, 77.32.525, 77.32.530, 77.32.535, 77.32.550, 77.32.560, 77.32.565, 77.32.570, 77.36.030, 77.36.100, 77.36.110, 77.36.150, 77.50.010, 77.50.020, 77.50.040, 77.50.050, 77.50.070, 77.50.090, 77.50.100, 77.50.110, 77.55.191, 77.60.020, 77.60.030, 77.60.100, 77.65.420, 77.65.480, 77.65.510, 77.70.450, 77.70.460, 77.70.470, 77.75.020, 77.75.040, 77.75.100, 77.75.140, 77.85.220, 77.95.010, 77.95.020, 77.95.030, 77.95.040, 77.95.060, 77.95.090, 77.95.100, 77.95.140, 77.95.200, 77.100.060, 77.100.080, 77.115.010, 43.300.020, 9.46.010, 9.46.400, 79.105.430, 79.135.320, 79A.05.793, 79A.05.010, 79A.05.015, 79A.05.020, 79A.05.025, 79A.05.035, 79A.05.040, 79A.05.045, 79A.05.050, 79A.05.055, 79A.05.059, 79A.05.060, 79A.05.065, 79A.05.070, 79A.05.080, 79A.05.085, 79A.05.090, 79A.05.095, 79A.05.100, 79A.05.105, 79A.05.110, 79A.05.115, 79A.05.120, 79A.05.125, 79A.05.130, 79A.05.140, 79A.05.145, 79A.05.150, 79A.05.155, 79A.05.160, 79A.05.165, 79A.05.170, 79A.05.175, 79A.05.178, 79A.05.180, 79A.05.185, 79A.05.195, 79A.05.200, 79A.05.205, 79A.05.210, 79A.05.220, 79A.05.225, 79A.05.230, 79A.05.235, 79A.05.240, 79A.05.250, 79A.05.280, 79A.05.285, 79A.05.290, 79A.05.310, 79A.05.320, 79A.05.325, 79A.05.330, 79A.05.335, 79A.05.340, 79A.05.345, 79A.05.351, 79A.05.355, 79A.05.360, 79A.05.370, 79A.05.375, 79A.05.380, 79A.05.390, 79A.05.395, 79A.05.410, 79A.05.415, 79A.05.425, 79A.05.505, 79A.05.510, 79A.05.515, 79A.05.525, 79A.05.530, 79A.05.535, 79A.05.540, 79A.05.545, 79A.05.610, 79A.05.615, 79A.05.620, 79A.05.625, 79A.05.630, 79A.05.650, 79A.05.665, 79A.05.670, 79A.05.685, 79A.05.688, 79A.05.690, 79A.05.695, 79A.05.705, 79A.05.710, 79A.05.715, 79A.05.735, 79A.05.780, 79A.05.793, 46.10.370, 70.114.010, 79.10.030, 79A.30.010, 79A.30.020, 79A.30.030, 79A.30.050, 79A.40.030, 79A.60.010, 79A.65.010, 79A.25.005, 79A.25.010, 79A.25.020, 79A.25.110, 79A.25.150, 79A.25.220, 79A.25.240, 79A.25.830, 43.41.270, 43.99N.060, 46.09.530, 77.85.020, 77.85.030, 77.85.110, 77.85.120, 84.34.055, 17.15.020, 17.26.020, 19.02.050, 39.04.155, 39.04.290, 42.52.570, 43.17.400, 43.19.450, 43.21F.062, 43.81.010, 43.82.010, 43.220.020, 79.19.080, 79.100.010, 79.145.030, 79A.15.010, 79A.20.030, 79A.25.260, 84.34.055, 90.48.366, 90.48.368, 89.08.020, 89.08.030, 89.08.040, 89.08.050, 89.08.070, 89.08.080, 89.08.090, 89.08.100, 89.08.110, 89.08.120, 89.08.130, 89.08.140, 89.08.150, 89.08.160, 89.08.170, 89.08.180, 89.08.185, 89.08.190, 89.08.200, 89.08.210, 89.08.220, 89.08.341, 89.08.350, 89.08.370, 89.08.410, 89.08.470, 89.08.480, 89.08.520, 89.08.530, 89.08.540, 89.08.550, 89.08.580, 89.08.590, 43.03.028, 43.41.270, 43.325.020, 77.85.020, 77.85.220, 89.10.010, 70.148.005, 70.148.010, 70.148.020, 70.148.025, 70.148.030, 70.148.035, 70.148.040, 70.148.050, 70.148.060, 70.148.070, 70.148.080, 70.148.090, 70.148.130, 70.148.140, 70.148.150, 70.148.160, 70.148.170, 70.149.010, 70.149.030, 70.149.040, 70.149.050, 70.149.060, 70.149.090, 70.149.120, 90.46.005, 90.46.010, 90.46.015, 90.46.030, 90.46.050, 90.46.090, 90.46.120, 90.46.150, 90.46.160, 90.46.200, 90.46.210, 90.46.220, 90.46.230, 90.46.240, 90.46.250, 90.46.260, 90.46.270, 43.200.015, 43.200.080, 43.200.170, 43.200.180, 43.200.190, 43.200.200, 43.200.230, 70.98.030, 70.98.085, 70.98.095, 70.98.098, 70.98.130, 43.334.010, 43.334.020, 43.334.060, 43.334.070, 43.334.075, 43.334.077, 43.334.080, 27.34.020, 27.34.220, 27.34.230, 27.34.240, 27.34.270, 27.34.280, 27.34.330, 27.34.415, 27.44.055, 27.53.020, 27.53.030, 27.53.060, 27.53.080, 27.53.090, 27.53.095, 27.53.100, 27.53.110, 27.53.120, 27.53.130, 27.53.140, 41.06.095, 43.17.010, 43.17.020, 43.360.010, 43.360.020, 43.360.030, 68.24.090, 68.50.645, 68.60.030, 68.60.050, 68.60.055, 68.60.060, 82.73.010, 82.73.050, 88.02.660, and 90.48.366; reenacting and amending RCW 77.55.011, 79A.05.030, 79A.05.255, 79A.05.385, 46.10.300, 46.10.320, 79A.55.010, 43.21J.030, 43.60A.150, 77.85.050, 77.85.140, 43.21B.110, 43.21B.110, 43.21J.030, 43.60A.150, 27.53.070, and 35.100.020; adding a new section to chapter 41.06 RCW; adding a new section to chapter 79.70 RCW; adding a new section to chapter 41.80 RCW; adding a new section to chapter 77.04 RCW; adding a new section to chapter 79A.05 RCW; adding a new section to chapter 79A.25 RCW; adding a new section to chapter 77.85 RCW; adding new sections to chapter 89.08 RCW; adding a new section to chapter 70.148 RCW; adding a new section to chapter 90.46 RCW; adding a new section to chapter 43.97 RCW; adding a new section to chapter 70.98 RCW; adding a new section to chapter 43.200 RCW; adding a new chapter to Title 43 RCW; repealing RCW 77.04.013, 77.04.020, 77.04.080, 77.04.090, 77.04.140, 77.15.005, 43.300.010, 43.300.040, 43.300.050, 79A.05.075, 79A.05.300, 79A.05.315, 89.08.060, 90.46.020, 90.46.072, 90.46.110, 43.200.210, 43.334.030, 43.334.040, 43.334.050, and 43.334.900; creating new sections; providing effective dates; providing expiration dates; providing contingent expiration dates; and declaring an emergency.

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

NEW SECTION.  Sec. 1001   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of conservation and recreation.
     (2) "Director" means the director of the department of conservation and recreation.

NEW SECTION.  Sec. 1002   (1) The department of conservation and recreation is created as an executive branch agency. The department is vested with all powers and duties transferred to it under this act and such other powers and duties as may be authorized by law.
     (2) Any powers, duties, and functions assigned to the department of fish and wildlife, the parks commission, and the recreation and conservation office are transferred to the department of conservation and recreation.
     (3) The primary duties of the department are to:
     (a) Preserve, protect, and perpetuate the fish and wildlife resources for the benefit of the state's citizens;
     (b) Wisely manage our state parks and trail systems, promote outdoor recreation education and safety, and protect our cultural, historical, and natural sites; and
     (c) Be good stewards of public funds that perpetuate healthy ecosystems and open spaces, restore habitat important to our fish and wildlife, and support outdoor recreation and recreational places and facilities.
     (4) The department must be structured organizationally to maintain at least two distinct areas of focus: One for fish and wildlife management and one for parks and recreation management.

NEW SECTION.  Sec. 1003   (1) The executive head and appointing authority of the department is the director. The director shall be appointed by the governor, subject to confirmation by the senate. The director shall serve at the pleasure of the governor. The director shall be paid a salary fixed by the governor in accordance with RCW 43.03.040. If a vacancy occurs in the position of director while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate at which time the governor shall present to that body the governor's nomination for the position.
     (2) The director may employ staff members, who shall be exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this act, and such other duties as may be authorized by law. The director may delegate any power or duty vested in the director by this act or other law, including authority to make final decisions and enter final orders in hearings conducted under chapter 34.05 RCW.
     (3) The director may create such administrative structures as the director considers appropriate, except as otherwise specified by law. The director may employ such personnel as necessary for the general administration of the office. This employment shall be in accordance with the state civil service law, chapter 41.06 RCW, and the state collective bargaining law, chapter 41.80 RCW, except as otherwise provided.

NEW SECTION.  Sec. 1004   The director shall:
     (1) Supervise and administer the activities of the department of conservation and recreation;
     (2) Exercise all the powers and perform all the duties prescribed by law with respect to the administration of Title 77 RCW;
     (3) In addition to other powers and duties granted to the director, have the following powers and duties:
     (a) Enter into contracts on behalf of the state to carry out the purposes of this chapter;
     (b) Accept and expend gifts and grants that are related to the purposes of this act, whether such gifts or grants be of federal or other funds;
     (c) Appoint no more than three deputy directors and such assistant directors and special assistants as may be needed to administer the department. These employees are exempt from the provisions of chapter 41.06 RCW;
     (d) Adopt rules in accordance with chapter 34.05 RCW and perform all other functions necessary and proper to carry out the purposes of this act;
     (e) Delegate powers, duties, and functions as the director deems necessary for efficient administration, but the director is responsible for the official acts of the officers and employees of the department; and
     (f) Perform other duties as are necessary and consistent with law.

NEW SECTION.  Sec. 1005   On the effective date of this section, the directors of the departments of fish and wildlife, natural resources, the parks and recreation commission, and recreation and conservation funding office must each designate one deputy, or similar representative, to serve on the natural resources consolidation transition team. The natural resources consolidation transition team must, with the assistance of the natural resources agencies, develop the following work products:
     (1) A natural resources consolidation transition team report, to be submitted to the office of financial management and the legislature by August 1, 2011. This report must, at a minimum, detail all legislative and fiscal changes necessary for the successful implementation of natural resources agency consolidation and identify expected costs and savings associated with the consolidation.
     (2) A supplemental budget request, if necessary, for consideration during the 2012 legislative session. This request must encompass any necessary budgetary and legislative changes for all natural resources agencies affected by this act, and be submitted to the office of financial management by September 1, 2011.
     (3) A second natural resources consolidation transition team report, to be submitted to the director of conservation and recreation by July 1, 2012. This report must, at a minimum, detail all additional legislative and fiscal changes necessary for the successful implementation of natural resources agency consolidation and identify expected costs and savings associated with the consolidation.

NEW SECTION.  Sec. 1006   A new section is added to chapter 41.06 RCW to read as follows:
     In addition to the exemptions under RCW 41.06.070, the provisions of this chapter do not apply in the department of conservation and recreation to the director, the director's confidential secretary, assistant directors, and any other exempt staff members provided for in section 1004 of this act.

Sec. 1007   RCW 43.17.010 and 2009 c 565 s 25 are each amended to read as follows:
     There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of ((fish and wildlife)) conservation and recreation, (6) the department of transportation, (7) the department of licensing, (8) the department of general administration, (9) the department of commerce, (10) the department of veterans affairs, (11) the department of revenue, (12) the department of retirement systems, (13) the department of corrections, (14) the department of health, (15) the department of financial institutions, (16) ((the department of archaeology and historic preservation, (17))) the department of early learning, and (((18))) (17) the Puget Sound partnership, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.

Sec. 1008   RCW 43.17.020 and 2009 c 565 s 26 are each amended to read as follows:
     There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of ((fish and wildlife)) conservation and recreation, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of commerce, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, (14) the secretary of health, (15) the director of financial institutions, (16) ((the director of the department of archaeology and historic preservation, (17))) the director of early learning, and (((18))) (17) the executive director of the Puget Sound partnership.
     Such officers((, except the director of fish and wildlife,)) shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. ((The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.))

Sec. 1009   RCW 42.17A.705 and 2010 c 204 s 902 are each amended to read as follows:
     For the purposes of RCW 42.17A.700, "executive state officer" includes:
     (1) The chief administrative law judge, the director of agriculture, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of commerce, the director of conservation and recreation, the secretary of corrections, the director of early learning, the director of ecology, the commissioner of employment security, the chair of the energy facility site evaluation council, the secretary of the state finance committee, the director of financial management, ((the director of fish and wildlife, the executive secretary of the forest practices appeals board,)) the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the office of minority and women's business enterprises, ((the director of parks and recreation,)) the director of personnel, the executive director of the public disclosure commission, the executive director of the Puget Sound partnership, ((the director of the recreation and conservation office,)) the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the president of each of the regional and state universities and the president of The Evergreen State College, and each district and each campus president of each state community college;
     (2) Each professional staff member of the office of the governor;
     (3) Each professional staff member of the legislature; and
     (4) Central Washington University board of trustees, the boards of trustees of each community college and each technical college, each member of the state board for community and technical colleges, state convention and trade center board of directors, Eastern Washington University board of trustees, Washington economic development finance authority, Washington energy northwest executive board, The Evergreen State College board of trustees, executive ethics board, fish and wildlife commission, ((forest practices appeals board,)) forest practices board, gambling commission, Washington health care facilities authority, higher education coordinating board, higher education facilities authority, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, state investment board, commission on judicial conduct, legislative ethics board, life sciences discovery fund authority board of trustees, liquor control board, lottery commission, Pacific Northwest electric power and conservation planning council, parks and recreation commission, Washington personnel resources board, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public employees' benefits board, recreation and conservation funding board, salmon recovery funding board, shorelines hearings board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington State University board of regents, and Western Washington University board of trustees.

Sec. 1010   RCW 43.03.028 and 2010 1st sp.s. c 7 s 2 are each amended to read as follows:
     (1) The department of personnel shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:
     The arts commission; the human rights commission; the board of accountancy; the board of pharmacy; the eastern Washington historical society; the Washington state historical society; ((the recreation and conservation office;)) the criminal justice training commission; the department of personnel; the state library; the traffic safety commission; the horse racing commission; the advisory council on vocational education; the public disclosure commission; ((the state conservation commission;)) the commission on Hispanic affairs; the commission on Asian Pacific American affairs; the state board for volunteer firefighters and reserve officers; the transportation improvement board; the public employment relations commission; ((the forest practices appeals board;)) and the energy facilities site evaluation council.
     (2) The department of personnel shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.

NEW SECTION.  Sec. 1011   The law enforcement program and employees within the department of natural resources are transferred to the department of conservation and recreation. The department of conservation and recreation and the department of natural resources shall enter into an interagency agreement before July 1, 2012, to enforce laws and rules on state trust lands. This agreement must include, but is not limited to, the level of law enforcement services provided on state trust lands and the level of funding to cover the cost of increased enforcement. The services may not be less than that provided by department of natural resources' law enforcement staff as of the effective date of this section.

Sec. 1012   RCW 79.64.020 and 2008 c 328 s 6004 are each amended to read as follows:
     A resource management cost account in the state treasury is created to be used solely for the purpose of defraying the costs and expenses necessarily incurred by the department in managing and administering state lands and aquatic lands and the making and administering of leases, sales, contracts, licenses, permits, easements, and rights-of-way as authorized under the provisions of this title. The account may also be used to defray the costs and expenses necessarily incurred by the department of conservation and recreation in the enforcement of laws and rules on state trust lands. Appropriations from the resource management cost account to the department shall be expended for no other purposes. Funds in the resource management cost account may be appropriated or transferred by the legislature for the benefit of all of the trusts from which the funds were derived. For the 2007-2009 biennium, moneys in the account may be used for the purposes identified in section 3044, chapter 328, Laws of 2008.

Sec. 1013   RCW 79.64.100 and 2003 c 334 s 219 are each amended to read as follows:
     There is created a forest development account in the state treasury. The state treasurer shall keep an account of all sums deposited therein and expended or withdrawn therefrom. Any sums placed in the forest development account shall be pledged for the purpose of paying interest and principal on the bonds issued by the department under RCW 79.22.080 and 79.22.090 and the provisions of this chapter, and for the purchase of land for growing timber. Any bonds issued shall constitute a first and prior claim and lien against the account for the payment of principal and interest. No sums for the above purposes shall be withdrawn or paid out of the account except upon approval of the department.
     Appropriations may be made by the legislature from the forest development account to the department for the purpose of carrying on the activities of the department on state forest lands, lands managed on a sustained yield basis as provided for in RCW 79.10.320, and for reimbursement of expenditures that have been made or may be made from the resource management cost account in the management of state forest lands. The account may also be used to defray the costs and expenses necessarily incurred by the department of conservation and recreation in the enforcement of laws and rules on state trust lands.

Sec. 1014   RCW 79.70.020 and 2004 c 180 s 4 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of natural resources.
     (2) "Natural areas" and "natural area preserves" include such public or private areas of land or water which have retained their natural character, although not necessarily completely natural and undisturbed, or which are important in preserving rare or vanishing flora, fauna, geological, natural historical or similar features of scientific or educational value and which are acquired or voluntarily registered or dedicated by the owner under this chapter.
     (3) "Public lands" and "state lands" have the meaning set out in RCW 79.02.010.
     (4) "Council" means the natural heritage advisory council as established in RCW 79.70.070.
     (5) "Commissioner" means the commissioner of public lands.
     (6) "Important bird area" means those areas jointly identified by the natural heritage program and a qualifying nonprofit organization using internationally recognized scientific criteria. These areas have been found to be necessary to conserve populations of wild waterfowl, upland game birds, songbirds, and other birds native to and migrating through Washington, and contain the habitats that birds are dependent upon for breeding, migration, shelter, and sustenance.
     (7) "Instrument of dedication" means any written document intended to convey an interest in real property pursuant to chapter 64.04 RCW.
     (8) "Natural heritage resources" means the plant community types, aquatic types, unique geologic types, and special plant and animal species and their critical habitat as defined in the natural heritage plan established under RCW 79.70.030.
     (9) "Plan" means the natural heritage plan as established under RCW 79.70.030.
     (10) "Program" means the natural heritage program as established under RCW 79.70.030.
     (11) "Qualifying nonprofit organization" means a national nonprofit organization, or a branch of a national nonprofit organization, that conserves and restores natural ecosystems, focusing on birds, other wildlife, and their habitat.
     (12) "Register" means the Washington register of natural area preserves as established under RCW 79.70.030.
     (13) "Director" means the director of the department of conservation and recreation.

Sec. 1015   RCW 79.70.030 and 2003 c 334 s 549 are each amended to read as follows:
     In order to set aside, preserve, and protect natural areas within the state, the department is authorized, in addition to any other powers, to:
     (1) Establish the criteria for selection, acquisition, management, protection, and use of such natural areas, including:
     (a) Limiting public access to natural area preserves consistent with the purposes of this chapter. Where appropriate, and on a case-by-case basis, a buffer zone with an increased low level of public access may be created around the environmentally sensitive areas;
     (b) Developing a management plan for each designated natural area preserve. The plan must identify the significant resources to be conserved consistent with the purposes of this chapter and identify the areas with potential for low-impact public and environmental educational uses. The plan must specify the types of management activities and public uses that are permitted, consistent with the purposes of this chapter. The department must make the plans available for review and comment by the public, and state, tribal, and local agencies, prior to final approval;
     (2) Cooperate or contract with any federal, state, or local governmental agency, private organizations, or individuals in carrying out the purpose of this chapter;
     (3) Consistent with the plan, acquire by gift, devise, purchase, grant, dedication, or means other than eminent domain, the fee or any lesser right or interest in real property which shall be held and managed as a natural area;
     (4) Acquire by gift, devise, grant, or donation any personal property to be used in the acquisition and/or management of natural areas; and
     (5) Inventory existing public, state, and private lands in cooperation with the council to assess possible natural areas to be preserved within the state((;
     (6) Maintain a natural heritage program to provide assistance in the selection and nomination of areas containing natural heritage resources for registration or dedication. The program shall maintain a classification of natural heritage resources, an inventory of their locations, and a data bank for such information. The department shall cooperate with the department of fish and wildlife in the selection and nomination of areas from the data bank that relate to critical wildlife habitats. Information from the data bank shall be made available to public and private agencies and individuals for environmental assessment and proprietary land management purposes. Usage of the classification, inventory, or data bank of natural heritage resources for any purpose inconsistent with the natural heritage program is not authorized;
     (7) Prepare a natural heritage plan which shall govern the natural heritage program in the conduct of activities to create and manage a system of natural areas that includes natural resources conservation areas, and may include areas designated under the research natural area program on federal lands in the state;
     (a) The plan shall list the natural heritage resources to be considered for registration and shall provide criteria for the selection and approval of natural areas under this chapter;
     (b) The department shall provide opportunities for input, comment, and review to the public, other public agencies, and private groups with special interests in natural heritage resources during preparation of the plan;
     (c) Upon approval by the council and adoption by the department, the plan shall be updated and submitted biennially to the appropriate committees of the legislature for their information and review. The plan shall take effect ninety days after the adjournment of the legislative session in which it is submitted unless the reviewing committees suggest changes or reject the plan; and
     (8) Maintain a state register of natural areas containing significant natural heritage resources to be called the Washington register of natural area preserves. Selection of natural areas for registration shall be in accordance with criteria listed in the natural heritage plan and accomplished through voluntary agreement between the owner of the natural area and the department. No privately owned lands may be proposed to the council for registration without prior notice to the owner or registered without voluntary consent of the owner. No state or local governmental agency may require such consent as a condition of any permit or approval of or settlement of any civil or criminal proceeding or to penalize any landowner in any way for failure to give, or for withdrawal of, such consent.
     (a) The department shall adopt rules as authorized by RCW 43.12.065 and 79.70.030(1) and chapter 34.05 RCW relating to voluntary natural area registration.
     (b) After approval by the council, the department may place sites onto the register or remove sites from the register.
     (c) The responsibility for management of registered natural area preserves shall be with the preserve owner. A voluntary management agreement may be developed between the department and the owners of the sites on the register.
     (d) Any public agency may register lands under provisions of this chapter)).

NEW SECTION.  Sec. 1016   A new section is added to chapter 79.70 RCW to read as follows:
     The department of conservation and recreation is authorized, in addition to any other powers, to:
     (1) Maintain a natural heritage program to provide assistance in the selection and nomination of areas containing natural heritage resources for registration or dedication. The program shall maintain a classification of natural heritage resources, an inventory of their locations, and a data bank for this information. The department of conservation and recreation shall include in the selection and nomination of areas from the data bank that relate to critical wildlife habitats. Information from the data bank must be made available to public and private agencies and individuals for environmental assessment and proprietary land management purposes. Usage of the classification, inventory, or data bank of natural heritage resources for any purpose inconsistent with the natural heritage program is not authorized;
     (2) Prepare a natural heritage plan, in consultation with the department of natural resources, that governs the natural heritage program in the conduct of activities to create and manage a system of natural areas that includes natural resources conservation areas, and may include areas designated under the research natural area program on federal lands in the state;
     (a) The plan must list the natural heritage resources to be considered for registration and provide criteria for the selection and approval of natural areas under this chapter;
     (b) The department of conservation and recreation shall provide opportunities for input, comment, and review to the public, other public agencies, and private groups with special interests in natural heritage resources during preparation of the plan;
     (c) Upon approval by the council and adoption by the department of conservation and recreation, the plan must be updated and submitted biennially to the appropriate committees of the legislature for their information and review. The plan takes effect ninety days after the adjournment of the legislative session in which it is submitted unless the reviewing committees suggest changes or reject the plan; and
     (3) Maintain a state register of natural areas containing significant natural heritage resources to be called the Washington register of natural area preserves. Selection of natural areas for registration must be in accordance with criteria listed in the natural heritage plan and accomplished through voluntary agreement between the owner of the natural area and the department. No privately owned lands may be proposed to the council for registration without prior notice to the owner or registered without voluntary consent of the owner. No state or local governmental agency may require such consent as a condition of any permit or approval of or settlement of any civil or criminal proceeding or to penalize any landowner in any way for failure to give, or for withdrawal of, such consent.
     (a) The department of conservation and recreation shall adopt rules as authorized by RCW 43.12.065 and 79.70.030(1) and chapter 34.05 RCW relating to voluntary natural area registration.
     (b) After approval by the council, the department of conservation and recreation may place sites onto the register or remove sites from the register.
     (c) The responsibility for management of registered natural area preserves is with the preserve owner. A voluntary management agreement may be developed between the department and the owners of the sites on the register.
     (d) Any public agency may register lands under provisions of this chapter.

Sec. 1017   RCW 79.70.070 and 2007 c 241 s 24 are each amended to read as follows:
     (1) The natural heritage advisory council is hereby established. The council shall consist of ((fifteen)) thirteen members, ten of whom shall be chosen as follows and who shall elect from the council's membership a chairperson:
     (a) Five individuals, appointed by the ((commissioner)) director, who shall be recognized experts in the ecology of natural areas and represent the public, academic, and private sectors. Desirable fields of expertise are biological and geological sciences; and
     (b) Five individuals, appointed by the ((commissioner)) director, who shall be selected from the various regions of the state. At least one member shall be or represent a private forest landowner and at least one member shall be or represent a private agricultural landowner.
     (2) Members appointed under subsection (1) of this section shall serve for terms of four years.
     (3) In addition to the members appointed by the ((commissioner)) director, the director ((of the department of fish and wildlife)), the director of the department of ecology, and the supervisor of the department of natural resources, ((the director of the state parks and recreation commission, and the director of the recreation and conservation office,)) or an authorized representative of each agency officer, shall serve as ex officio, nonvoting members of the council.
     (4) Any vacancy on the council shall be filled by appointment for the unexpired term by the ((commissioner)) director.
     (5) ((In order to provide for staggered terms, of the initial members of the council:
     (a) Three shall serve for a term of two years;
     (b) Three shall serve for a term of three years; and
     (c) Three shall serve for a term of four years.
     (6) Members of the natural preserves advisory committee serving on July 26, 1981, shall serve as members of the council until the commissioner appoints a successor to each. The successor appointment shall be specifically designated to replace a member of the natural preserves advisory committee until all members of that committee have been replaced. A member of the natural preserves advisory committee is eligible for appointment to the council if otherwise qualified.
     (7))) Members of the council shall serve without compensation. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060 as now or hereafter amended.

Sec. 1018   RCW 79.70.080 and 2002 c 284 s 3 are each amended to read as follows:
     (1) The council shall:
     (a) Meet at least annually and more frequently at the request of the chairperson;
     (b) Recommend policy for the natural heritage program through the review and approval of the natural heritage plan;
     (c) Advise the department, the department of ((fish and wildlife, the state parks and recreation commission)) conservation and recreation, and other state agencies managing state-owned land or natural resources regarding areas under their respective jurisdictions which are appropriate for natural area registration or dedication;
     (d) Advise the department of conservation and recreation of rules and regulations that the council considers necessary in carrying out this chapter;
     (e) Review and approve area nominations by the department of conservation and recreation or other agencies for registration and review and comment on legal documents for the voluntary dedication of such areas;
     (f) Recommend whether new areas proposed for protection be established as natural area preserves, natural resources conservation areas, a combination of both, or by some other protected status; and
     (g) Review and comment on management plans proposed for individual natural area preserves.
     (2) From time to time, the council shall identify areas from the natural heritage data bank which qualify for registration. Priority shall be based on the natural heritage plan and shall generally be given to those resources which are rarest, most threatened, or under-represented in the heritage conservation system on a statewide basis. After qualifying areas have been identified, the department of conservation and recreation shall advise the owners of such areas of the opportunities for acquisition or voluntary registration or dedication.

Sec. 1019   RCW 79.70.090 and 2003 c 334 s 550 are each amended to read as follows:
     (1) The owner of a registered natural area, whether a private individual or an organization, may voluntarily agree to dedicate the area as a natural area by executing with the state an instrument of dedication in a form approved by the council. The instrument of dedication shall be effective upon its recording in the real property records of the appropriate county or counties in which the natural area is located. The county assessor in computing assessed valuation shall take into consideration any reductions in property values and/or highest and best use which result from natural area dedication.
     (2) A public agency owning or managing a registered natural area preserve may dedicate lands under the provisions of this chapter.
     (3) The department of conservation and recreation shall adopt rules as authorized by RCW 43.12.065 and 79.70.030(1) relating to voluntary natural area dedication and defining:
     (a) The types of real property interests that may be transferred;
     (b) Real property transfer methods and the types of consideration of payment possible;
     (c) Additional dedication provisions, such as natural area management, custody, use, and rights and privileges retained by the owner; and
     (d) Procedures for terminating dedication arrangements.

Sec. 1020   RCW 79.70.100 and 1998 c 50 s 2 are each amended to read as follows:
     The department of conservation and recreation shall hold a public hearing in the county where the majority of the land in a proposed natural area preserve is located prior to establishing the boundary.

Sec. 1021   RCW 79.70.120 and 2004 c 180 s 3 are each amended to read as follows:
     Prior to recognizing an important bird area under this chapter, the department of conservation and recreation must:
     (1) Publish notice of the proposed important bird area in the Washington state register;
     (2) Publish notice of the proposed important bird area in a newspaper of general circulation in the county where the proposed important bird area is located; and
     (3) Conduct at least one public hearing in the county where the proposed important bird area is located.

Sec. 1022   RCW 77.12.650 and 1987 c 506 s 52 are each amended to read as follows:
     The department shall cooperate with other local, state, and federal agencies and governments to protect bald eagles and their essential habitats through existing governmental programs, including but not limited to:
     (1) The natural heritage program managed by the department of ((natural resources)) conservation and recreation under chapter 79.70 RCW;
     (2) The natural area preserve program managed by the department of natural resources under chapter 79.70 RCW;
     (3) The shoreline management master programs adopted by local governments and approved by the department of ecology under chapter 90.58 RCW.

NEW SECTION.  Sec. 1023   A new section is added to chapter 41.80 RCW to read as follows:
     (1) By April 1, 2012, the commission shall review the existing collective bargaining units within the department of fish and wildlife, the parks and recreation commission, the recreation and conservation office, and the portions of the existing collective bargaining units within the department of natural resources that represent the law enforcement and heritage programs to determine if these units would be appropriate units within the department of conservation and recreation. In determining appropriateness of bargaining units, the commission shall utilize and apply the organizational restructure detail created by the department of conservation and the natural resources consolidation transition team created in section 1005 of this act.
     (2) If the commission determines that an existing collective bargaining unit is appropriate pursuant to RCW 41.80.070, the exclusive bargaining representative certified to represent the bargaining unit prior to July 1, 2012, shall continue as the exclusive bargaining representative without the necessity of an election and will be so certified by the commission.
     (3) If the commission determines that existing collective bargaining units are not appropriate, the commission may modify those units and order an election pursuant to RCW 41.80.080. Certified exclusive bargaining representatives will not be required to demonstrate a showing of interest to be included on the ballot.
     (4) The commission may require an election pursuant to RCW 41.80.080 if similarly situated employees are represented by more than one employee organization. Certified exclusive bargaining representatives will not be required to demonstrate a showing of interest to be included on the ballot.
     (5) Certification under this section will not preclude any subsequent actions allowable under this chapter.

NEW SECTION.  Sec. 1024   Sections 1001 through 1004 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION.  Sec. 1025   Section 1009 of this act takes effect January 1, 2012.

NEW SECTION.  Sec. 1026   (1) The code reviser shall note wherever the director or department of fish and wildlife is used or referred to in statute that the name of the department has changed.
     (2) The code reviser shall prepare legislation for the 2012 regular legislative session that changes all statutory references to the director or department of fish and wildlife to department of conservation and recreation.

NEW SECTION.  Sec. 1027   (1) The code reviser shall note wherever the director or office of recreation and conservation is used or referred to in statute that the name of the department has changed.
     (2) The code reviser shall prepare legislation for the 2012 regular legislative session that changes all statutory references to the director or office of recreation and conservation to department of conservation and recreation.

NEW SECTION.  Sec. 1028   The consolidation directed pursuant to sections 1001 through 1027 of this act takes effect July 1, 2012.

Sec. 2001   RCW 77.04.012 and 2000 c 107 s 2 are each amended to read as follows:
     Wildlife, fish, and shellfish are the property of the state. The ((commission, director, and the)) department shall preserve, protect, perpetuate, and manage the wildlife and food fish, game fish, and shellfish in state waters and offshore waters.
     The department shall conserve the wildlife and food fish, game fish, and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to maintain the economic well-being and stability of the fishing industry in the state. The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state.
     The ((commission)) department may authorize the taking of wildlife, food fish, game fish, and shellfish only at times or places, or in manners or quantities, as in the judgment of the ((commission)) department does not impair the supply of these resources.
     The ((commission)) department shall attempt to maximize the public recreational game fishing and hunting opportunities of all citizens, including juveniles, ((disabled)) individuals with disabilities, and senior citizens.
     Recognizing that the management of our state wildlife, food fish, game fish, and shellfish resources depends heavily on the assistance of volunteers, the department shall work cooperatively with volunteer groups and individuals to achieve the goals of this title to the greatest extent possible.
     Nothing in this title shall be construed to infringe on the right of a private property owner to control the owner's private property.

Sec. 2002   RCW 77.04.030 and 2001 c 155 s 1 are each amended to read as follows:
     The fish and wildlife advisory commission within the department of conservation and recreation consists of nine registered voters of the state. In January of each odd-numbered year, the governor shall appoint ((with the advice and consent of the senate)) three registered voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified. If a vacancy occurs on the commission prior to the expiration of a term, the governor shall appoint a registered voter within sixty days to complete the term. Three members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, and three shall be residents of that portion of the state lying west of the summit of the Cascade mountains. Three additional members shall be appointed at-large. No two members may be residents of the same county. ((The legal office of the commission is at the administrative office of the department in Olympia.))

NEW SECTION.  Sec. 2003   A new section is added to chapter 77.04 RCW to read as follows:
     In addition to duties listed in this chapter, the commission has the following responsibilities and duties:
     (1) In consultation with stakeholders, advise the director regarding fish and wildlife policies and rule proposals that govern hunting, fishing, wildlife viewing, habitat protection and restoration, and the use of department-owned and managed lands.
     (2) Advise the director on department agreements relating to fish and wildlife harvest with tribal, interstate, international, and other parties.
     (3) Advise the director prior to the director determining the status of threatened or endangered species.
     (4) Advise the director in developing long-term funding strategies to carry out the department's mission and delivery of programs to the public.
     (5) In providing advice to the director on agency proposed policies and rules, the commission shall consider the following factors:
     (a) The effect of the management measures on local economies and social structures;
     (b) The welfare of the constituent group affected;
     (c) Potential conflicts among user groups using a specific fishery or wildlife resource; and
     (d) Enforcement issues unique to a particular fishery or wildlife issue.

Sec. 2004   RCW 77.04.055 and 2000 c 107 s 204 are each amended to read as follows:
     (1) In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the department, with the advice of the commission shall ((meet annually with the governor to)):
     (a) Review and prescribe basic goals and objectives related to those policies; and
     (b) Review the performance of the department in implementing fish and wildlife policies.
     The ((commission)) department shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.
     (2) The ((commission)) department shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.
     (3) The ((commission)) department shall establish provisions regulating food fish and shellfish as provided in RCW 77.12.047.
     (4) The ((commission)) department shall have final approval authority for tribal, interstate, international, and any other department agreements relating to fish and wildlife.
     (5) The ((commission)) department shall adopt rules to implement the state's fish and wildlife laws.
     (((6) The commission shall have final approval authority for the department's budget proposals.
     (7) The commission shall select its own staff and shall appoint the director of the department. The director and commission staff shall serve at the pleasure of the commission.))

Sec. 2005   RCW 77.04.060 and 1993 sp.s. c 2 s 63 are each amended to read as follows:
     The commission shall hold at least one regular meeting during the first two months of each calendar quarter, and special meetings when called by the chair and by five members. Five members constitute a quorum for the transaction of business.
     The commission at a meeting in each odd-numbered year shall elect one of its members as ((chairman)) chair and another member as vice ((chairman)) chair, each of whom shall serve for a term of two years or until a successor is elected and qualified.
     Members of the commission ((shall be compensated in accordance with RCW 43.03.250. In addition, members)) are allowed their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060.

Sec. 2006   RCW 77.04.120 and 2000 c 107 s 3 are each amended to read as follows:
     (1) The ((director)) department shall investigate the habits, supply, and economic use of food fish and shellfish in state and offshore waters.
     (2) The ((director)) department shall make an annual report to the governor on the operation of the department and the statistics of the fishing industry.
     (3) Subject to RCW 40.07.040, the ((director)) department shall provide a comprehensive biennial report of all departmental operations to the chairs of the committees on natural resources of the senate and house of representatives, the senate ways and means committee, and the house of representatives appropriations committee((, including one copy to the staff of each of the committees,)) to reflect the previous fiscal period. The ((format of the)) report shall ((be similar to reports issued by the department from 1964-1970 and the report shall)) include, but not be limited to, descriptions of all department activities including: Revenues generated, program costs, capital expenditures, personnel, special projects, new and ongoing research, environmental controls, cooperative projects, intergovernmental agreements, and outlines of ongoing litigation, recent court decisions and orders on major issues with the potential for state liability. The report shall describe the status of the resource and its recreational, commercial, and tribal utilization. The report shall be made available to the public.

Sec. 2007   RCW 77.04.130 and 1995 1st sp.s. c 2 s 12 are each amended to read as follows:
     (1) Rules of the ((commission)) department shall be adopted by the ((commission)) director or a designee in accordance with chapter 34.05 RCW.
     (2) Rules of the ((commission)) department shall be admitted as evidence in the courts of the state when accompanied by an affidavit from the ((commission)) director or a designee certifying that the rule has been lawfully adopted and the affidavit is prima facie evidence of the adoption of the rule.
     (3) The ((commission)) director may designate department employees to act on the ((commission's)) department's behalf in the adoption and certification of rules.

Sec. 2008   RCW 77.04.150 and 2008 c 294 s 1 are each amended to read as follows:
     (1) The ((commission)) director must appoint an advisory committee to generally represent the interests of hunters and fishers with disabilities on matters including, but not limited to, special hunts, modified sporting equipment, access to public land, and hunting and fishing opportunities. The advisory committee is composed of seven members, each being an individual with a disability. The advisory committee members must represent the entire state. The members must be appointed so that each of the six department administrative regions, as they existed on January 1, 2007, are represented with one resident on the advisory committee. One additional member must be appointed at large. The chair of the advisory committee must be a member of the advisory committee and shall be selected by the members of the advisory committee.
     (2) For the purposes of this section, an individual with a disability includes but is not limited to:
     (a) An individual with a permanent disability who is not ambulatory over natural terrain without a prosthesis or assistive device;
     (b) An individual with a permanent disability who is unable to walk without the use of assistance from a brace, cane, crutch, wheelchair, scooter, walker, or other assistive device;
     (c) An individual who has a cardiac condition to the extent that the individual's functional limitations are severe;
     (d) An individual who is restricted by lung disease to the extent that the individual's functional limitations are severe;
     (e) An individual who is totally blind or visually impaired; or
     (f) An individual with a permanent disability with upper or lower extremity impairments who does not have the use of one or both upper or lower extremities.
     (3) The members of the advisory committee are appointed for a four-year term. If a vacancy occurs on the advisory committee prior to the expiration of a term, the ((commission)) director must appoint a replacement within sixty days to complete the term.
     (4) The advisory committee must meet at least semiannually, and may meet at other times as requested by a majority of the advisory committee members for any express purpose that directly relates to the duties set forth in subsection (1) of this section. A majority of members currently serving on the advisory committee constitutes a quorum. The department must provide staff support for all official advisory committee meetings.
     (5) Each member of the advisory committee shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.
     (6) The members of the advisory committee, or individuals acting on their behalf, are immune from civil liability for official acts performed in the course of their duties.
     (7) Beginning December 1, 2011, and again at least once every four years, the ((commission)) department shall present a report to the appropriate legislative committees detailing the effectiveness of the advisory committee including, but not limited to, the participation levels, general interest, quality of advice, and recommendations as to the advisory committee's continuance or modification.

Sec. 2009   RCW 77.08.010 and 2009 c 333 s 12 are each amended to read as follows:
     The definitions in this section apply throughout this title or rules adopted under this title unless the context clearly requires otherwise.
     (1) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.
     (2) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under subsections (3), (28), (40), (44), (58), and (59) of this section, aquatic noxious weeds as defined under RCW 17.26.020(((5))) (4)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).
     (3) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.
     (4) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the ((commission)) department for a particular period of time, or as to size, sex, or species.
     (5) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.
     (6) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the ((commission)) department as an open season. "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the ((commission)) department as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the ((commission)) department as an open season.
     (7) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.
     (8) "Commercial" means related to or connected with buying, selling, or bartering.
     (9) "Commission" means the state fish and wildlife advisory commission within the department of conservation and recreation.
     (10) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
     (11) "Contraband" means any property that is unlawful to produce or possess.
     (12) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.
     (13) "Department" means the department of ((fish and wildlife)) conservation and recreation.
     (14) "Director" means the director of ((fish and wildlife)) conservation and recreation.
     (15) "Endangered species" means wildlife designated by the ((commission)) department as seriously threatened with extinction.
     (16) "Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, ((department of natural resources enforcement officers,)) and United States forest service officers, while the agents and officers are within their respective jurisdictions.
     (17) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.
     (18) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer. Fish and wildlife officer includes a person commissioned before July 1, 2012, as a department of natural resources enforcement officer.
     (19) "Fish broker" means a person whose business it is to bring a seller of fish and shellfish and a purchaser of those fish and shellfish together.
     (20) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.
     (21) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.
     (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the ((commission)) department.
     (23) "Game animals" means wild animals that shall not be hunted except as authorized by the ((commission)) department.
     (24) "Game birds" means wild birds that shall not be hunted except as authorized by the ((commission)) department.
     (25) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.
     (26) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.
     (27) "Illegal items" means those items unlawful to be possessed.
     (28) "Invasive species" means a plant species or a nonnative animal species that either:
     (a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities;
     (b) Threatens or may threaten natural resources or their use in the state;
     (c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or
     (d) Threatens or harms human health.
     (29) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.
     (30) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.
     (31) "Money" means all currency, script, personal checks, money orders, or other negotiable instruments.
     (32) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
     (33) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.
     (34) "Open season" means those times, manners of taking, and places or waters established by rule of the ((commission)) department for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the ((commission)) department or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the ((commission)) department. "Open season" includes the first and last days of the established time.
     (35) "Owner" means the person in whom is vested the ownership dominion, or title of the property.
     (36) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.
     (37) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes, among other property, contraband and money.
     (38) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.
     (39) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the ((commission)) department.
     (40) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the ((commission)) department.
     (41) "Protected wildlife" means wildlife designated by the ((commission)) department that shall not be hunted or fished.
     (42) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.
     (43) "Recreational and commercial watercraft" includes the boat, as well as equipment used to transport the boat, and any auxiliary equipment such as attached or detached outboard motors.
     (44) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the ((commission)) department.
     (45) "Resident" means:
     (a) A person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state; and
     (b) A person age eighteen or younger who does not qualify as a resident under (a) of this subsection, but who has a parent that qualifies as a resident under (a) of this subsection.
     (46) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.
     (47) "Saltwater" means those marine waters seaward of river mouths.
     (48) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.
     (49) "Senior" means a person seventy years old or older.
     (50) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the ((commission)) department. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
     (51) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
     (52) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.
     (53) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.
     (54) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.
     (55) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.
     (56) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.
     (57) "Unclaimed" means that no owner of the property has been identified or has requested, in writing, the release of the property to themselves nor has the owner of the property designated an individual to receive the property or paid the required postage to effect delivery of the property.
     (58) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the ((commission)) department.
     (59) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the ((commission)) department.
     (60) "Wholesale fish dealer" means a person who, acting for commercial purposes, takes possession or ownership of fish or shellfish and sells, barters, or exchanges or attempts to sell, barter, or exchange fish or shellfish that have been landed into the state of Washington or entered the state of Washington in interstate or foreign commerce.
     (61) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.
     (62) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.
     (63) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.
     (64) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.

Sec. 2010   RCW 77.08.020 and 1989 c 218 s 2 are each amended to read as follows:
     (1) As used in this title or rules of the ((commission)) department, "game fish" means those species of the class Osteichthyes that shall not be fished for except as authorized by rule of the ((commission)) department and includes:

Sec. 2011   RCW 77.08.022 and 2000 c 107 s 208 are each amended to read as follows:
     "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that have been classified and that shall not be fished for except as authorized by rule of the ((commission)) department. The term "food fish" includes all stages of development and the bodily parts of food fish species.

Sec. 2012   RCW 77.08.030 and 1980 c 78 s 11 are each amended to read as follows:
     As used in this title or rules of the ((commission)) department, "big game" means the following species:

Sec. 2013   RCW 77.12.010 and 2000 c 107 s 210 are each amended to read as follows:
     The ((commission)) department shall not adopt rules that categorically prohibit fishing with bait or artificial lures in streams, rivers, beaver ponds, and lakes except that the ((commission)) department may adopt rules and regulations restricting fishing methods upon a determination by the director that an individual body of water or part thereof clearly requires a fishing method prohibition to conserve or enhance the fisheries resource or to provide selected fishing alternatives.

Sec. 2014   RCW 77.12.020 and 2002 c 281 s 3 are each amended to read as follows:
     (1) The director shall investigate the habits and distribution of the various species of wildlife native to or adaptable to the habitats of the state. The ((commission)) director shall determine whether a species should be managed by the department and, if so, classify it under this section.
     (2) The ((commission)) department may classify by rule wild animals as game animals and game animals as fur-bearing animals.
     (3) The ((commission)) department may classify by rule wild birds as game birds or predatory birds. All wild birds not otherwise classified are protected wildlife.
     (4) In addition to those species listed in RCW 77.08.020, the ((commission)) department may classify by rule as game fish other species of the class Osteichthyes that are commonly found in fresh water except those classified as food fish by the director.
     (5) The director may recommend ((to the commission)) that a species of wildlife should not be hunted or fished. The ((commission)) department may designate species of wildlife as protected.
     (6) If the director determines that a species of wildlife is seriously threatened with extinction in the state of Washington, the ((director)) department may ((request its designation as an endangered species. The commission may)) designate it as an endangered species.
     (7) If the director determines that a species of the animal kingdom, not native to Washington, is dangerous to the environment or wildlife of the state, the ((director)) department may ((request its designation)) designate it as deleterious exotic wildlife. ((The commission may designate deleterious exotic wildlife.))
     (8) ((Upon recommendation by the director,)) The ((commission)) department may classify nonnative aquatic animal species according to the following categories:
     (a) Prohibited aquatic animal species: These species are considered by the ((commission)) department to have a high risk of becoming an invasive species and may not be possessed, imported, purchased, sold, propagated, transported, or released into state waters except as provided in RCW 77.15.253;
     (b) Regulated aquatic animal species: These species are considered by the ((commission)) department to have some beneficial use along with a moderate, but manageable risk of becoming an invasive species, and may not be released into state waters, except as provided in RCW 77.15.253. The ((commission)) department shall classify the following commercial aquaculture species as regulated aquatic animal species, and allow their release into state waters pursuant to rule of the ((commission)) department: Pacific oyster (Crassostrea gigas), kumamoto oyster (Crassostrea sikamea), European flat oyster (Ostrea edulis), eastern oyster (Crassostrea virginica), manila clam (Tapes philippinarum), blue mussel (Mytilus galloprovincialis), and suminoe oyster (Crassostrea ariankenisis);
     (c) Unregulated aquatic animal species: These species are considered by the ((commission)) department as having some beneficial use along with a low risk of becoming an invasive species, and are not subject to regulation under this title;
     (d) Unlisted aquatic animal species: These species are not designated as a prohibited aquatic animal species, regulated aquatic animal species, or unregulated aquatic animal species by the ((commission)) department, and may not be released into state waters. ((Upon request,)) The ((commission)) department may determine the appropriate category for an unlisted aquatic animal species and classify the species accordingly;
     (e) This subsection (8) does not apply to the transportation or release of nonnative aquatic animal species by ballast water or ballast water discharge.
     (9) ((Upon recommendation by the director,)) The ((commission)) department may develop a work plan to eradicate native aquatic species that threaten human health. Priority shall be given to water bodies that the department of health has classified as representing a threat to human health based on the presence of a native aquatic species.

Sec. 2015   RCW 77.12.035 and 2000 c 107 s 211 are each amended to read as follows:
     The ((commission)) department shall protect grizzly bears and develop management programs on publicly owned lands that will encourage the natural regeneration of grizzly bears in areas with suitable habitat. Grizzly bears shall not be transplanted or introduced into the state. Only grizzly bears that are native to Washington state may be utilized by the department for management programs. The department is directed to fully participate in all discussions and negotiations with federal and state agencies relating to grizzly bear management and shall fully communicate, support, and implement the policies of this section.

Sec. 2016   RCW 77.12.037 and 2000 c 107 s 4 are each amended to read as follows:
     (1) The ((commission)) department 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)) department may ((authorize the director to)) acquire property under 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)) director may sell, lease, convey, or grant concessions upon real or personal property under the control of the department.

Sec. 2017   RCW 77.12.037 and 2000 c 107 s 4 are each amended to read as follows:
     (1) The ((commission)) department 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)) department may ((authorize the director to)) acquire property under 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)) department may sell, lease, convey, or grant concessions upon real or personal property under the control of the department.

Sec. 2018   RCW 77.12.045 and 2001 c 253 s 13 are each amended to read as follows:
     Consistent with federal law, the ((commission's)) department's authority extends to all areas and waters within the territorial boundaries of the state, to the offshore waters, and to the concurrent waters of the Columbia river.
     Consistent with federal law, the ((commission's)) department's authority extends to fishing in offshore waters by residents of this state.
     The ((commission)) department may adopt rules consistent with the regulations adopted by the United States department of commerce for the offshore waters. The ((commission)) department may adopt rules consistent with the recommendations or regulations of the Pacific marine fisheries commission, Columbia river compact, the Pacific salmon commission as provided in chapter 77.75 RCW, or the international Pacific halibut commission.

Sec. 2019   RCW 77.12.047 and 2001 c 253 s 14 are each amended to read as follows:
     (1) The ((commission)) department may adopt, amend, or repeal rules as follows:
     (a) Specifying the times when the taking of wildlife, fish, or shellfish is lawful or unlawful.
     (b) Specifying the areas and waters in which the taking and possession of wildlife, fish, or shellfish is lawful or unlawful.
     (c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take wildlife, fish, or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed.
     (d) Regulating the importation, transportation, possession, disposal, landing, and sale of wildlife, fish, shellfish, or seaweed within the state, whether acquired within or without the state.
     (e) Regulating the prevention and suppression of diseases and pests affecting wildlife, fish, or shellfish.
     (f) Regulating the size, sex, species, and quantities of wildlife, fish, or shellfish that may be taken, possessed, sold, or disposed of.
     (g) Specifying the statistical and biological reports required from fishers, dealers, boathouses, or processors of wildlife, fish, or shellfish.
     (h) Classifying species of marine and freshwater life as food fish or shellfish.
     (i) Classifying the species of wildlife, fish, and shellfish that may be used for purposes other than human consumption.
     (j) Regulating the taking, sale, possession, and distribution of wildlife, fish, shellfish, or deleterious exotic wildlife.
     (k) Establishing game reserves and closed areas where hunting for wild animals or wild birds may be prohibited.
     (l) Regulating the harvesting of fish, shellfish, and wildlife in the federal exclusive economic zone by vessels or individuals registered or licensed under the laws of this state.
     (m) Authorizing issuance of permits to release, plant, or place fish or shellfish in state waters.
     (n) Governing the possession of fish, shellfish, or wildlife so that the size, species, or sex can be determined visually in the field or while being transported.
     (o) Other rules necessary to carry out this title and the purposes and duties of the department.
     (2) Subsections (1)(a), (b), (c), (d), and (f) of this section do not apply to private tideland owners and lessees and the immediate family members of the owners or lessees of state tidelands, when they take or possess oysters, clams, cockles, borers, or mussels, excluding razor clams, produced on their own private tidelands or their leased state tidelands for personal use.
     "Immediate family member" for the purposes of this section means a spouse, brother, sister, grandparent, parent, child, or grandchild.
     (3) Except for subsection (1)(g) of this section, this section does not apply to private sector cultured aquatic products as defined in RCW 15.85.020. Subsection (1)(g) of this section does apply to such products.

Sec. 2020   RCW 77.12.068 and 2008 c 225 s 4 are each amended to read as follows:
     The department ((and the state parks and recreation commission)) shall disseminate information about RCW 77.15.740, whale and wildlife viewing guidelines, and other responsible wildlife viewing messages to educate Washington's citizens on how to reduce the risk of disturbing southern resident orca whales. The department ((and the state parks and recreation commission)) must, at minimum, disseminate this information on their internet sites and through appropriate ((agency)) department publications, brochures, and other information sources. The department ((and the state parks and recreation commission)) shall also attempt to reach the state's boating community by coordinating with appropriate state and nongovernmental entities to provide this information at marinas, boat shows, boat dealers, during boating safety training courses, and in conjunction with vessel registration or licensing.

Sec. 2021   RCW 77.12.140 and 1987 c 506 s 23 are each amended to read as follows:
     The director((, acting in a manner not inconsistent with criteria established by the commission,)) may obtain by purchase, gift, or exchange and may sell or transfer wildlife and their eggs for stocking, research, or propagation.

Sec. 2022   RCW 77.12.150 and 2003 c 385 s 2 are each amended to read as follows:
     (1) By emergency rule only, ((and in accordance with criteria established by the commission,)) the director may close or shorten a season for game animals, game birds, or game fish, and after a season has been closed or shortened, may reopen it and reestablish bag limits on game animals, game birds, or game fish during that season. ((The director shall advise the commission of the adoption of emergency rules.)) A copy of an emergency rule, certified as a true copy by the director or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.
     (2)(a) If the director finds that game animals have increased in numbers in an area of the state so that they are damaging public or private property or over-utilizing their habitat, the ((commission)) department may establish a special hunting season and designate the time, area, and manner of taking and the number and sex of the animals that may be killed or possessed by a licensed hunter. The director shall include notice of the special season in the rules establishing open seasons.
     (b) When the department receives six complaints concerning damage to commercial agricultural and horticultural crop production by wildlife from the owner or tenant of real property, or from several owners or tenants in a locale, the ((commission)) department shall conduct a special hunt or special hunts or take remedial action to reduce the potential for the damage, and shall authorize either one or two permits per hunter. Each complaint must be confirmed by qualified department staff, or their designee.
     (c) The director shall determine by random selection the identity of hunters who may hunt within the area of the special hunt and shall determine the conditions and requirements of the selection process. Within this process, the department must maintain a list of all persons holding valid wildlife hunting licenses, arranged by county of residence, who may hunt deer or elk that are causing damage to crops. The department must update the list annually and utilize the list when contacting persons to assist in controlling game damage to crops. The department must make all reasonable efforts to contact individuals residing within the county where the hunting of deer or elk will occur before contacting a person who is not a resident of that county. The department must randomize the names of people on the list in order to provide a fair distribution of the hunting opportunities. Hunters who participate in hunts under this section must report any kills to the department. The department must include a summary of the wildlife harvested in these hunts in the annual game management reports it makes available to the public.

Sec. 2023   RCW 77.12.152 and 1995 1st sp.s. c 2 s 14 are each amended to read as follows:
     The ((commission)) department may designate the boundaries of fishing areas by driving piling or by establishing monuments or by description of landmarks or section lines and directional headings.

Sec. 2024   RCW 77.12.170 and 2009 c 333 s 13 are each amended to read as follows:
     (1) There is established in the state treasury the state wildlife account which consists of moneys received from:
     (a) Rentals or concessions of the department;
     (b) The sale of real or personal property held for department purposes, unless the property is seized or recovered through a fish, shellfish, or wildlife enforcement action;
     (c) The assessment of administrative penalties, and the sale of licenses, permits, tags, and stamps required by chapter 77.32 RCW and RCW 77.65.490, except annual resident adult saltwater and all annual razor clam and shellfish licenses, which shall be deposited into the state general fund;
     (d) Fees for informational materials published by the department;
     (e) Fees for personalized vehicle, Wild on Washington, and Endangered Wildlife license plates and Washington's Wildlife license plate collection as provided in chapter ((46.16)) 46.17 RCW;
     (f) Articles or wildlife sold by the director under this title;
     (g) Compensation for damage to department property or wildlife losses or contributions, gifts, or grants received under RCW 77.12.320. However, this excludes fish and shellfish overages, and court-ordered restitution or donations associated with any fish, shellfish, or wildlife enforcement action, as such moneys must be deposited pursuant to RCW 77.15.425;
     (h) Excise tax on anadromous game fish collected under chapter 82.27 RCW;
     (i) The department's share of revenues from auctions and raffles authorized by the ((commission)) department; and
     (j) The sale of watchable wildlife decals under RCW 77.32.560.
     (2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state wildlife account.

Sec. 2025   RCW 77.12.177 and 2001 c 253 s 16 are each amended to read as follows:
     (1) Except as provided in this title, state and county officers receiving the following moneys shall deposit them in the state general fund:
     (a) The sale of commercial licenses required under this title, except for licenses issued under RCW 77.65.490; and
     (b) Moneys received for damages to food fish or shellfish.
     (2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.
     (3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the department shall be remitted as provided in chapter 3.62 RCW.
     (4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.
     (5) Proceeds from the sale of salmon carcasses and salmon eggs from state general funded hatcheries by the department of general administration shall be deposited in the regional fisheries enhancement group account established in RCW 77.95.090.
     (6) Moneys received by the ((commission)) department under RCW 77.12.039, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources.
     (7) Proceeds from the sale of herring spawn on kelp fishery licenses by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for herring management, enhancement, and enforcement.

Sec. 2026   RCW 77.12.210 and 2009 c 333 s 33 are each amended to read as follows:
     (1) The director shall maintain and manage real or personal property owned, leased, or held by the department and shall control the construction of buildings, structures, and improvements in or on the property. The director may adopt rules for the operation and maintenance of the property.
     (2) The ((commission)) director may ((authorize the director to)) sell, lease, convey, or grant concessions upon real or personal property under the control of the department. This includes the authority to sell timber, gravel, sand, and other materials or products from real property held by the department, and to sell or lease the department's real or personal property or grant concessions or rights-of-way for roads or utilities in the property. Oil and gas resources owned by the state which lie below lands owned, leased, or held by the department shall be offered for lease by the commissioner of public lands pursuant to chapter 79.14 RCW with the proceeds being deposited in the state wildlife account created in RCW 77.12.170((: PROVIDED, That)). However, the commissioner of public lands shall condition such leases at the request of the department to protect wildlife and its habitat.
     (3)(a) If the ((commission)) director determines that real or personal property held by the department cannot be used advantageously by the department, the director may dispose of that property if it is in the public interest.
     (b) If the state acquired real property with use limited to specific purposes, the director may negotiate terms for the return of the property to the donor or grantor. Other real property shall be sold to the highest bidder at public auction. After appraisal, notice of the auction shall be published at least once a week for two successive weeks in a newspaper of general circulation within the county where the property is located at least twenty days prior to sale.
     (c) Proceeds from the sales shall be deposited in the state wildlife account created in RCW 77.12.170.

Sec. 2027   RCW 77.12.220 and 2000 c 107 s 219 are each amended to read as follows:
     For purposes of this title, the ((commission)) department may make agreements to obtain real or personal property or to transfer or convey property held by the state to the United States or its agencies or instrumentalities, units of local government of this state, public service companies, or other persons, if in the judgment of the ((commission)) director and the attorney general the transfer and conveyance is consistent with public interest. For purposes of this section, "local government" means any city, town, county, special district, municipal corporation, or quasi-municipal corporation.
     If the ((commission)) department agrees to a transfer or conveyance under this section or to a sale or return of real property under RCW 77.12.210, the director shall certify, with the attorney general, to the governor that the agreement has been made. The certification shall describe the real property. The governor then may execute and the secretary of state attest and deliver to the appropriate entity or person the instrument necessary to fulfill the agreement.

Sec. 2028   RCW 77.12.275 and 1995 1st sp.s. c 2 s 7 are each amended to read as follows:
     The ((commission)) department may negotiate agreements with the United States department of defense to coordinate fishing in state waters over which the department of defense has assumed control.

Sec. 2029   RCW 77.12.285 and 2000 c 107 s 6 are each amended to read as follows:
     (1) The ((commission)) department may enter into agreements with and receive funds from the United States for the construction, maintenance, and operation of fish cultural stations, laboratories, and devices in the Columbia River basin for improvement of feeding and spawning conditions for fish, for the protection of migratory fish from irrigation projects and for facilitating free migration of fish over obstructions.
     (2) The director and the department may acquire by gift, purchase, lease, easement, or condemnation the use of lands where the construction or improvement is to be carried on by the United States.

Sec. 2030   RCW 77.12.320 and 2001 c 253 s 19 are each amended to read as follows:
     (1) The ((commission)) department may make agreements with persons, political subdivisions of this state, or the United States or its agencies or instrumentalities, regarding fish, shellfish, and wildlife-oriented recreation and the propagation, protection, conservation, and control of fish, shellfish, and wildlife.
     (2) The director may make written agreements with the owners or lessees of real or personal property to provide for the use of the property for fish, shellfish, and wildlife-oriented recreation. The director may adopt rules governing the conduct of persons in or on the real property.
     (3) The director may accept compensation for fish, shellfish, and wildlife losses or gifts or grants of personal property for use by the department.

Sec. 2031   RCW 77.12.323 and 2009 c 333 s 35 are each amended to read as follows:
     (1) There is established in the state wildlife account created in RCW 77.12.170 a special wildlife account. Moneys received under RCW 77.12.320 as now or hereafter amended as compensation for wildlife losses shall be deposited in the state treasury to be credited to the special wildlife account.
     (2) The director may advise the state treasurer and the state investment board of a surplus in the special wildlife account above the current needs. The state investment board may invest and reinvest the surplus, as the ((commission)) department deems appropriate, in an investment authorized by RCW 43.84.150 or in securities issued by the United States government as defined by RCW 43.84.080 (1) and (4). Income received from the investments shall be deposited to the credit of the special wildlife account.

Sec. 2032   RCW 77.12.325 and 2001 c 253 s 20 are each amended to read as follows:
     The ((commission)) department may cooperate with the Oregon fish and wildlife commission in the adoption of rules to ensure an annual yield of fish, shellfish, and wildlife on the Columbia river and to prevent the taking of fish, shellfish, and wildlife at places or times that might endanger fish, shellfish, and wildlife.

Sec. 2033   RCW 77.12.330 and 1980 c 78 s 53 are each amended to read as follows:
     The ((commission)) department may establish by rule exclusive fishing waters for minors within specified ages.

Sec. 2034   RCW 77.12.420 and 1987 c 506 s 46 are each amended to read as follows:
     The director may spend moneys to improve natural growing conditions for fish by constructing fishways, installing screens, and removing obstructions to migratory fish. The eradication of undesirable fish shall be authorized by the ((commission)) department. The director may enter into cooperative agreements with state, county, municipal, and federal agencies, and with private individuals for these purposes.

Sec. 2035   RCW 77.12.455 and 2001 c 253 s 22 are each amended to read as follows:
     The ((commission)) department may prohibit the introduction, transportation or transplanting of fish, shellfish, organisms, material, or other equipment which in the ((commission's)) department's judgment may transmit any disease or pests affecting fish or shellfish.

Sec. 2036   RCW 77.12.560 and 1980 c 78 s 127 are each amended to read as follows:
     The ((commission)) department may adopt rules regarding the use of the tidelands as shooting grounds.

Sec. 2037   RCW 77.12.570 and 1987 c 506 s 49 are each amended to read as follows:
     The ((commission)) department shall establish the qualifications and conditions for issuing a game farm license. The ((director)) department shall adopt rules governing the operation of game farms. Private sector cultured aquatic products as defined in RCW 15.85.020 are exempt from regulation under this section.

Sec. 2038   RCW 77.12.722 and 2000 c 107 s 259 are each amended to read as follows:
     For the purposes of establishing a season or bag limit restriction on Canada goose hunting, the ((commission)) department shall not consider leg length or bill length of dusky Canada geese (Branta canadensis occidentalis).

Sec. 2039   RCW 77.12.760 and 1993 sp.s. c 2 s 78 are each amended to read as follows:
     Steelhead trout shall be managed solely as a recreational fishery for non-Indian ((fishermen)) fishers under the rule-setting authority of the ((fish and wildlife commission)) department.
     Commercial non-Indian steelhead fisheries are not authorized.

Sec. 2040   RCW 77.12.800 and 1997 c 422 s 3 are each amended to read as follows:
     The ((commission)) department must establish special pheasant hunting opportunities for juvenile hunters in eastern Washington for the 1998 season and future seasons.

Sec. 2041   RCW 77.12.850 and 1999 c 342 s 2 are each amended to read as follows:
     The definitions in this section apply throughout RCW 77.12.850 through 77.12.860 unless the context clearly requires otherwise.
     (1) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in this title, and includes:

Sec. 2042   RCW 77.12.875 and 2002 c 281 s 5 are each amended to read as follows:
     (1) The ((commission)) department may designate by rule state waters as infested if the director determines that these waters contain a prohibited aquatic animal species.
     (2) The ((commission)) department, in consultation with the department of ecology, may designate state waters as infested if it is determined that these waters contain an invasive aquatic plant species.
     (3) The department shall work with the aquatic nuisance species committee and its member agencies to create educational materials informing the public of state waters that are infested with invasive species, and advise them of applicable rules and practices designed to reduce the spread of the invasive species infesting the waters.

Sec. 2043   RCW 77.12.878 and 2002 c 281 s 6 are each amended to read as follows:
     (1) The director shall create a rapid response plan in cooperation with the aquatic nuisance species committee and its member agencies that describes actions to be taken when a prohibited aquatic animal species is found to be infesting a water body. These actions include eradication or control programs where feasible and containment of infestation where practical through notification, public education, and the enforcement of regulatory programs.
     (2) The ((commission)) department may adopt rules to implement the rapid response plan.
     (3) The director((,)) and the department of ecology((, and the Washington state parks and recreation commission)) may post signs at water bodies that are infested with aquatic animal species that are classified as prohibited aquatic animal species under RCW 77.12.020 or with invasive species of the plant kingdom. The signs should identify the prohibited plant and animal species present and warn users of the water body of the hazards and penalties for possessing and transporting these species. Educational signs may be placed at uninfested sites.

Sec. 2044   RCW 77.12.882 and 2007 c 350 s 4 are each amended to read as follows:
     (1) The department shall adopt rules governing how and when the owners of recreational and commercial watercraft may request an inspection of the watercraft for the presence of aquatic invasive species. The department may coordinate with other states on inspection requirements and may determine when other state inspections meet Washington standards.
     (2) The department shall develop and post signs warning vessel owners of the threat of aquatic invasive species, the penalties associated with introduction of an aquatic invasive species, and the contact information for obtaining a free inspection. The signs should provide enough information for the public to discern whether the vessel has been operated in an area that would warrant the need for an inspection. The department shall consult with the state patrol and the department of transportation regarding proper placement and authorization for sign posting.
     (3) All port districts, privately or publicly owned marinas, state parks, and all state agencies or political subdivisions that own or lease a boat launch must display a sign provided by the department as described under subsection (2) of this section. Signs must be posted in a location near the boat launch to provide maximum visibility to the public.
     (4) The department must ((coordinate with the Washington state parks and recreation commission to)) include such information in all boating publications provided to the public. The department shall also include the information on the department's internet site.

Sec. 2045   RCW 77.15.065 and 1996 c 267 s 9 are each amended to read as follows:
     If the prosecuting attorney of the county in which a violation of this title or rule of the department occurs fails to file an information against the alleged violator, the attorney general upon request of the ((commission)) department may file an information in the superior court of the county and prosecute the case in place of the prosecuting attorney. The ((commission)) department may request prosecution by the attorney general if thirty days have passed since the ((commission)) department informed the county prosecuting attorney of the alleged violation.

Sec. 2046   RCW 77.15.096 and 2002 c 128 s 5 are each amended to read as follows:
     Fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner the premises, containers, fishing equipment, fish, seaweed, shellfish, and wildlife, and records required by the department of any commercial fisher or wholesale dealer or fish buyer. Fish and wildlife officers may similarly inspect without warrant the premises, containers, fishing equipment, fish, shellfish, and wildlife, and records required by the department of any shipping agent or other person placing or attempting to place fish, shellfish, or wildlife into interstate commerce, any cold storage plant that the department has probable cause to believe contains fish, shellfish, or wildlife, or of any taxidermist or fur buyer. Fish and wildlife officers may inspect without warrant the records required by the department of any retail outlet selling fish, shellfish, or wildlife, and, if the officers have probable cause to believe a violation of this title or rules of the ((commission)) department has occurred, they may inspect without warrant the premises, containers, and fish, shellfish, and wildlife of any retail outlet selling fish, shellfish, or wildlife. Authority granted under this section does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution.

Sec. 2047   RCW 77.15.120 and 2000 c 107 s 236 are each amended to read as follows:
     (1) A person is guilty of unlawful taking of endangered fish or wildlife in the second degree if the person hunts, fishes, possesses, maliciously harasses or kills fish or wildlife, or maliciously destroys the nests or eggs of fish or wildlife and the fish or wildlife is designated by the ((commission)) department as endangered, and the taking has not been authorized by rule of the ((commission)) department.
     (2) A person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been:
     (a) Convicted under subsection (1) of this section or convicted of any crime under this title involving the killing, possessing, harassing, or harming of endangered fish or wildlife; and
     (b) Within five years of the date of the prior conviction the person commits the act described by subsection (1) of this section.
     (3)(a) Unlawful taking of endangered fish or wildlife in the second degree is a gross misdemeanor.
     (b) Unlawful taking of endangered fish or wildlife in the first degree is a class C felony. The department shall revoke any licenses or tags used in connection with the crime and order the person's privileges to hunt, fish, trap, or obtain licenses under this title to be suspended for two years.

Sec. 2048   RCW 77.15.130 and 1998 c 190 s 14 are each amended to read as follows:
     (1) A person is guilty of unlawful taking of protected fish or wildlife if:
     (a) The person hunts, fishes, possesses, or maliciously kills protected fish or wildlife, or the person possesses or maliciously destroys the eggs or nests of protected fish or wildlife, and the taking has not been authorized by rule of the ((commission)) department; or
     (b) The person violates any rule of the ((commission)) department regarding the taking, harming, harassment, possession, or transport of protected fish or wildlife.
     (2) Unlawful taking of protected fish or wildlife is a misdemeanor.

Sec. 2049   RCW 77.15.160 and 2000 c 107 s 237 are each amended to read as follows:
     A person is guilty of an infraction, which shall be cited and punished as provided under chapter 7.84 RCW, if the person:
     (1) Fails to immediately record a catch of fish or shellfish on a catch record card required by RCW 77.32.430, or required by rule of the ((commission)) department under this title; or
     (2) Fishes for personal use using barbed hooks in violation of any rule; or
     (3) Violates any other rule of the ((commission or)) director that is designated by rule as an infraction.

Sec. 2050   RCW 77.15.245 and 2005 c 107 s 1 are each amended to read as follows:
     (1) Notwithstanding the provisions of RCW 77.12.240, ((77.36.020,)) 77.36.030, or any other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait.
     (a) Nothing in this subsection shall be construed to prohibit the killing of black bear with the aid of bait by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety.
     (b) Nothing in this subsection shall be construed to prevent the establishment and operation of feeding stations for black bear in order to prevent damage to commercial timberland.
     (c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of bait to attract black bear for scientific purposes.
     (d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them.
     (2) Notwithstanding RCW 77.12.240, ((77.36.020,)) 77.36.030, or any other provisions of law, it is unlawful to hunt or pursue black bear, cougar, bobcat, or lynx with the aid of a dog or dogs.
     (a) Nothing in this subsection shall be construed to prohibit the killing of black bear, cougar, bobcat, or lynx with the aid of a dog or dogs by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. A dog or dogs may be used by the owner or tenant of real property consistent with a permit issued and conditioned by the director.
     (b) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit, capture and relocation, of black bear, cougar, bobcat, or lynx for scientific purposes.
     (c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the killing of black bear, cougar, or bobcat, for the protection of a state and/or federally listed threatened or endangered species.
     (3)(a) Notwithstanding subsection (2) of this section, the ((commission)) department shall authorize the use of dogs only in selected areas within a game management unit to address a public safety need presented by one or more cougar. This authority may only be exercised after the ((commission)) department has determined that no other practical alternative to the use of dogs exists, and after the ((commission)) department has adopted rules describing the conditions in which dogs may be used. Conditions that may warrant the use of dogs within a game management unit include, but are not limited to, confirmed cougar/human safety incidents, confirmed cougar/livestock and cougar/pet depredations, and the number of cougar capture attempts and relocations.
     (b) The department shall post on their internet web site the known details of all reported cougar/human, cougar/pet, or cougar/livestock interactions within ten days of receiving the report. The posted material must include, but is not limited to, the location and time of all reported sightings, and the known details of any cougar/livestock incidents.
     (4) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the department shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and order the suspension of wildlife hunting privileges for a period of five years following the revocation. Following a subsequent violation of subsection (1) or (2) of this section by the same person, a hunting license shall not be issued to the person at any time.

Sec. 2051   RCW 77.15.250 and 2001 c 253 s 32 are each amended to read as follows:
     (1)(a) A person is guilty of unlawfully releasing, planting, or placing fish, shellfish, or wildlife if the person knowingly releases, plants, or places live fish, shellfish, wildlife, or aquatic plants within the state, and the fish, shellfish, or wildlife have not been classified as deleterious wildlife. This subsection does not apply to a release of game fish into private waters for which a game fish stocking permit has been obtained, or the planting of fish or shellfish by permit of the ((commission)) department.
     (b) A violation of this subsection is a gross misdemeanor. In addition, the department shall order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, aquatic plants, or wildlife released or its progeny. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, controlling the fish, shellfish, aquatic plants, or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release.
     (2)(a) A person is guilty of unlawful release of deleterious exotic wildlife if the person knowingly releases, plants, or places live fish, shellfish, or wildlife within the state and such fish, shellfish, or wildlife has been classified as deleterious exotic wildlife by rule of the ((commission)) department.
     (b) A violation of this subsection is a class C felony. In addition, the department shall also order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, or wildlife released or its progeny. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, controlling the fish, shellfish, or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release.

Sec. 2052   RCW 77.15.253 and 2007 c 350 s 5 are each amended to read as follows:
     (1) A person is guilty of unlawful use of a prohibited aquatic animal species if he or she possesses, imports, purchases, sells, propagates, transports, or releases a prohibited aquatic animal species within the state, except as provided in this section.
     (2) Unless otherwise prohibited by law, a person may:
     (a) Transport prohibited aquatic animal species to the department, or to another destination designated by the ((director)) department, in a manner designated by the ((director)) department, for purposes of identifying a species or reporting the presence of a species;
     (b) Possess a prohibited aquatic animal species if he or she is in the process of removing it from watercraft or equipment in a manner specified by the department;
     (c) Release a prohibited aquatic animal species if the species was caught while fishing and it is being immediately returned to the water from which it came; or
     (d) Possess, transport, or release a prohibited aquatic animal species as the ((commission)) department may otherwise prescribe.
     (3) Unlawful use of a prohibited aquatic animal species is a gross misdemeanor. A subsequent violation of subsection (1) of this section within five years is a class C felony.
     (4) A person is guilty of unlawful release of a regulated aquatic animal species if he or she releases a regulated aquatic animal species into state waters, unless allowed by the ((commission)) department.
     (5) Unlawful release of a regulated aquatic animal species is a gross misdemeanor.
     (6) A person is guilty of unlawful release of an unlisted aquatic animal species if he or she releases an unlisted aquatic animal species into state waters without requesting a ((commission)) department designation under RCW 77.12.020.
     (7) Unlawful release of an unlisted aquatic animal species is a gross misdemeanor.
     (8) This section does not apply to:
     (a) The transportation or release of organisms in ballast water;
     (b) A person stopped at an aquatic invasive species check station who possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive species, if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or
     (c) A person who has voluntarily submitted a recreational or commercial watercraft for inspection by the department and has received a receipt verifying that the watercraft has not been contaminated since its last use.

Sec. 2053   RCW 77.15.290 and 2007 c 350 s 6 are each amended to read as follows:
     (1) A person is guilty of unlawful transportation of fish or wildlife in the second degree if the person:
     (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any rule of the ((commission or the director)) department governing the transportation or movement of fish, shellfish, or wildlife and the transportation does not involve big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife having a value greater than two hundred fifty dollars; or
     (b) Possesses but fails to affix or notch a big game transport tag as required by rule of the ((commission or director)) department.
     (2) A person is guilty of unlawful transportation of fish or wildlife in the first degree if the person:
     (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any rule of the ((commission or the director)) department governing the transportation or movement of fish, shellfish, or wildlife and the transportation involves big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife with a value of two hundred fifty dollars or more; or
     (b) Knowingly transports shellfish, shellstock, or equipment used in commercial culturing, taking, handling, or processing shellfish without a permit required by authority of this title.
     (3)(a) Unlawful transportation of fish or wildlife in the second degree is a misdemeanor.
     (b) Unlawful transportation of fish or wildlife in the first degree is a gross misdemeanor.
     (4) A person is guilty of unlawful transport of aquatic plants if the person transports aquatic plants on any state or public road, including forest roads, except as provided in this section.
     (5) Unless otherwise prohibited by law, a person may transport aquatic plants:
     (a) To the department, or to another destination designated by the ((director)) department, in a manner designated by the department, for purposes of identifying a species or reporting the presence of a species;
     (b) When legally obtained for aquarium use, wetland or lakeshore restoration, or ornamental purposes;
     (c) When transporting a commercial aquatic plant harvester to a suitable location for purposes of removing aquatic plants;
     (d) In a manner that prevents their unintentional dispersal, to a suitable location for disposal, research, or educational purposes; or
     (e) As the ((commission)) department may otherwise prescribe.
     (6) Unlawful transport of aquatic plants is a misdemeanor.
     (7) This section does not apply to: (a) Any person stopped at an aquatic invasive species check station who possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive species if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or (b) any person who has voluntarily submitted a recreational or commercial watercraft for inspection by the department or its designee and has received a receipt verifying that the watercraft has not been contaminated since its last use.

Sec. 2054   RCW 77.15.382 and 2010 c 193 s 2 are each amended to read as follows:
     (1) A person is guilty of the unlawful use of shellfish gear for personal use purposes if the person:
     (a) Takes, fishes for, or possesses crab, shrimp, or crawfish for personal use purposes with shellfish gear that is constructed or altered in a manner that violates any rule of the ((commission)) department relating to required gear design specifications; or
     (b) Is found in possession of, upon any vessel located on the waters of the state, shellfish gear that is constructed or altered in a manner that violates any rule of the ((commission)) department relating to required gear design specifications, unless a person holds a valid crab pot removal permit under RCW 77.70.500 and is in the process of transporting removed crab pots as part of the Dungeness crab pot removal program.
     (2) The unlawful use of shellfish gear for personal use purposes is a misdemeanor.

Sec. 2055   RCW 77.15.400 and 2006 c 148 s 1 are each amended to read as follows:
     (1) A person is guilty of unlawful hunting of wild birds in the second degree if the person:
     (a) Hunts for, takes, or possesses a wild bird and the person does not have and possess all licenses, tags, stamps, and permits required under this title;
     (b) Maliciously destroys, takes, or harms the eggs or nests of a wild bird except when authorized by permit;
     (c) Violates any rule of the ((commission or director)) department regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or other rule addressing the manner or method of hunting or possession of wild birds; or
     (d) Possesses a wild bird taken during a closed season for that wild bird or taken from a closed area for that wild bird.
     (2) A person is guilty of unlawful hunting of wild birds in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild birds allowed by rule of the ((commission or director)) department.
     (3)(a) Unlawful hunting of wild birds in the second degree is a misdemeanor.
     (b) Unlawful hunting of wild birds in the first degree is a gross misdemeanor.
     (4) In addition to the penalties set forth in this section, if a person, other than a youth as defined in RCW 77.08.010 for hunting purposes, violates a rule adopted by the ((commission)) department under the authority of this title that requires the use of nontoxic shot, upon conviction:
     (a) The court shall require a payment of one thousand dollars as a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425. The criminal wildlife penalty assessment must be imposed regardless of and in addition to any sentence, fine, or costs imposed for violating this section. The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect; and
     (b) The department shall revoke the hunting license of the person and order a suspension of small game hunting privileges for two years.

Sec. 2056   RCW 77.15.425 and 2009 c 333 s 18 are each amended to read as follows:
     The fish and wildlife enforcement reward account is created in the custody of the state treasurer. Deposits to the account include: Receipts from fish and shellfish overages as a result of a department enforcement action; fees for hunter education deferral applications; fees for master hunter applications and master hunter certification renewals; all receipts from criminal wildlife penalty assessments under RCW 77.15.400 and 77.15.420; all receipts of court-ordered restitution or donations associated with any fish, shellfish, or wildlife enforcement action; and proceeds from forfeitures and evidence pursuant to RCW 77.15.070 and 77.15.100. The department may accept money or personal property from persons under conditions requiring the property or money to be used consistent with the intent of expenditures from the fish and wildlife enforcement reward account. Expenditures from the account may be used only for investigation and prosecution of fish and wildlife offenses, to provide rewards to persons informing the department about violations of this title and rules adopted under this title, to offset department-approved costs incurred to administer the hunter education deferral program and the master hunter (([permit])) permit program, and for other valid enforcement uses as determined by the ((commission)) department. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 2057   RCW 77.15.520 and 2010 c 193 s 4 are each amended to read as follows:
     (1) Except for actions involving shellfish gear punishable under RCW 77.15.522, a person is guilty of commercial fishing using unlawful gear or methods if the person acts for commercial purposes and takes or fishes for any fish or shellfish using any gear or method in violation of a rule of the ((commission)) department specifying, regulating, or limiting the gear or method for taking, fishing, or harvesting of such fish or shellfish.
     (2) Commercial fishing using unlawful gear or methods is a gross misdemeanor.

Sec. 2058   RCW 77.15.522 and 2010 c 193 s 1 are each amended to read as follows:
     (1) A person is guilty of the unlawful use of shellfish gear for commercial purposes if the person:
     (a) Takes, fishes for, or possesses crab, shrimp, or crawfish for commercial purposes with shellfish gear that is constructed or altered in a manner that violates any rule of the ((commission)) department relating to required gear design specifications; or
     (b) Is found in possession of, upon any vessel located on the waters of the state, shellfish gear that is constructed or altered in a manner that violates any rule of the ((commission)) department relating to required gear design specifications, unless a person holds a valid crab pot removal permit under RCW 77.70.500 and is in the process of transporting removed crab pots as part of the Dungeness crab pot removal program.
     (2) The unlawful use of shellfish gear for commercial purposes is a gross misdemeanor.

Sec. 2059   RCW 77.15.530 and 2000 c 107 s 249 are each amended to read as follows:
     (1) A person who holds a fishery license required by chapter 77.65 RCW, or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 77.65 RCW, is guilty of unlawful use of a nondesignated vessel if the person takes, fishes for, or delivers from that fishery using a vessel not designated on the person's license, when vessel designation is required by chapter 77.65 RCW.
     (2) Unlawful use of a nondesignated vessel is a gross misdemeanor.
     (3) A nondesignated vessel may be used, subject to appropriate notification to the department and in accordance with rules established by the ((commission)) department, when a designated vessel is inoperative because of accidental damage or mechanical breakdown.
     (4) If the person commits the act described by subsection (1) of this section and the vessel designated on the person's fishery license was used by any person in the fishery on the same day, then the violation for using a nondesignated vessel is a class C felony. Upon conviction the department shall order revocation and suspension of all commercial fishing privileges under chapter 77.65 RCW for a period of one year.

Sec. 2060   RCW 77.15.554 and 2003 c 386 s 4 are each amended to read as follows:
     (1) The license suspension review committee is created. The license suspension review committee may only hear appeals from commercial fishers who have had a license revoked or suspended pursuant to RCW 77.15.552.
     (2)(a) The license suspension review committee is composed of five voting members and up to four alternates.
     (b) Two of the members must be appointed by the director and may be department employees.
     (c) Three members, and up to four alternates, must be peer-group members, who are individuals owning a commercial fishing license issued by the department. If a peer-group member appears before the license suspension review committee because of a qualifying commercial fishing violation, the member must recuse himself or herself from the proceedings relating to that violation. No two voting peer-group members may reside in the same county. All peer-group members must be appointed by the ((commission)) director, who may accept recommendations from professional organizations that represent commercial fishing interests or from the legislative authority of any Washington county.
     (d) All license suspension review committee members serve a two-year renewable term.
     (e) The ((commission)) department may develop minimum member standards for service on the license suspension review committee, and standards for terminating a member before the expiration of his or her term.
     (3) The license suspension review committee must convene and deliver an opinion on a license renewal suspension within three months of appeal or of referral from the department. The director shall consider the committee's opinion and make a decision and may issue, not issue, or modify the license suspension.
     (4) The license suspension review committee shall collect the information and hear the testimony that it feels necessary to deliver an opinion on the proper length, if any, of a suspension of a commercial license. The opinion may be based on extenuating circumstances presented by the individual convicted of the qualifying commercial fishing violation or considerations of the type and magnitude of violations that have been committed by the individual. The maximum length of any suspension may not exceed one year.
     (5) All opinions of the license suspension review committee must be by a majority vote of all voting members. Alternate committee members may only vote when one of the voting members is unavailable, has been recused, or has decided not to vote on the case before the committee. Nonvoting alternates may be present and may participate at all license suspension review committee meetings.
     (6) Members of the license suspension review committee serve as volunteers, and are not eligible for compensation other than travel expenses pursuant to RCW 43.03.050 and 43.03.060.
     (7) Staff of the license suspension review committee must be provided by the department.

Sec. 2061   RCW 77.15.590 and 1998 c 190 s 51 are each amended to read as follows:
     (1) A person is guilty of unlawful use of a commercial fishing vessel, except as may be authorized by rule of the ((commission)) department, for recreational or charter fishing if the person uses, operates, or controls a vessel on the same day for both:
     (a) Charter or recreational fishing; and
     (b) Commercial fishing or shellfish harvesting.
     (2) Unlawful use of a commercial fishing vessel for recreational or charter fishing is a gross misdemeanor.

Sec. 2062   RCW 77.15.700 and 2009 c 333 s 2 are each amended to read as follows:
     (1) The department shall impose revocation and suspension of privileges in the following circumstances:
     (a) Upon conviction, if directed by statute for an offense.
     (b) Upon conviction of a violation not involving commercial fishing, if the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife. Suspension of privileges under this subsection may be permanent.
     (c) If a person is convicted twice within ten years for a violation involving unlawful hunting, killing, or possessing big game. Revocation and suspension under this subsection must be ordered for all hunting privileges for two years.
     (d) If a person violates, three times or more in a ten-year period, recreational hunting or fishing laws or rules for which the person: (i) Is convicted of an offense; (ii) has an uncontested notice of infraction; (iii) fails to appear at a hearing to contest a fish and wildlife infraction; or (iv) is found to have committed an infraction. Revocation and suspension under this subsection must be ordered of all recreational hunting and fishing privileges for two years.
     (2)(a) A violation punishable as an infraction counts towards the revocation and suspension of recreational hunting and fishing privileges under this section if that violation is:
     (i) Punishable as a crime on July 24, 2005, and is subsequently decriminalized; or
     (ii) One of the following violations, as they exist on July 24, 2005: RCW 77.15.160; WAC 220-56-116; WAC 220-56-315(11); or WAC 220-56-355 (1) through (4).
     (b) The ((commission)) department may, by rule, designate infractions that do not count towards the revocation and suspension of recreational hunting and fishing privileges.
     (3) If either the deferred education licensee or the required nondeferred accompanying person, hunting under the authority of RCW 77.32.155(2), is convicted of a violation of this title, except for a violation of RCW 77.15.400 (1) through (3), the department may revoke all hunting licenses and tags and may order a suspension of either or both the deferred education licensee's and the nondeferred accompanying person's hunting privileges for one year.

Sec. 2063   RCW 77.15.710 and 2000 c 107 s 257 are each amended to read as follows:
     (1) The ((commission)) department shall revoke all hunting, fishing, or other licenses issued under this title and order a ten-year suspension of all privileges extended under the authority of the department of a person convicted of assault on a fish and wildlife officer, ex officio officer, employee, agent, or personnel acting for the department, if the employee assaulted was on duty at the time of the assault and carrying out the provisions of this title. The suspension shall be continued beyond this period if any damages to the victim have not been paid by the suspended person.
     (2) For the purposes of this section, the definition of assault includes:
     (a) RCW 9A.32.030; murder in the first degree;
     (b) RCW 9A.32.050; murder in the second degree;
     (c) RCW 9A.32.060; manslaughter in the first degree;
     (d) RCW 9A.32.070; manslaughter in the second degree;
     (e) RCW 9A.36.011; assault in the first degree;
     (f) RCW 9A.36.021; assault in the second degree; and
     (g) RCW 9A.36.031; assault in the third degree.

Sec. 2064   RCW 77.15.720 and 2000 c 107 s 258 are each amended to read as follows:
     (1) If a person shoots another person or domestic livestock while hunting, the director shall revoke all hunting licenses and suspend all hunting privileges for three years. If the shooting of another person or livestock is the result of criminal negligence or reckless or intentional conduct, then the person's privileges shall be suspended for ten years. The suspension shall be continued beyond these periods if damages owed to the victim or livestock owner have not been paid by the suspended person. A hunting license shall not be reissued to the suspended person unless authorized by the director.
     (2) Within twenty days of service of an order suspending privileges or imposing conditions under this section or RCW 77.15.710, a person may petition for administrative review under chapter 34.05 RCW by serving the director with a petition for review. The order is final and unappealable if there is no timely petition for administrative review.
     (3) The ((commission)) department may by rule authorize petitions for reinstatement of administrative suspensions and define circumstances under which reinstatement will be allowed.

Sec. 2065   RCW 77.18.060 and 2005 c 87 s 1 are each amended to read as follows:
     The ((fish and wildlife commission in consultation with the)) department is authorized to determine which waters of the state are appropriate for this use. In making this determination, the ((commission)) department shall seek geographic distribution to assure opportunity to fishers statewide.
     The ((commission in consultation with the)) department will determine the maximum number of fish that may be planted into state waters so as not to compete with the wild populations of fish species in the water body.

Sec. 2066   RCW 77.32.007 and 1984 c 240 s 8 are each amended to read as follows:
     For the purposes of this chapter "special hunting season" means a hunting season established by rule of the ((commission)) department for the purpose of taking specified wildlife under a special hunting permit.

Sec. 2067   RCW 77.32.025 and 1998 c 191 s 9 are each amended to read as follows:
     Notwithstanding RCW 77.32.010, the ((commission)) department may adopt rules designating times and places for the purposes of family fishing days when licenses and catch record cards are not required to fish or to harvest shellfish.

Sec. 2068   RCW 77.32.050 and 2009 c 333 s 71 are each amended to read as follows:
     (1) All recreational licenses, permits, tags, and stamps required by this title and raffle tickets authorized under chapter 77.12 RCW shall be issued under the authority of the ((commission)) department. The ((commission)) department shall adopt rules for the issuance of recreational licenses, permits, tags, stamps, and raffle tickets, and for the collection, payment, and handling of license fees, terms and conditions to govern dealers, and dealers' fees. A transaction fee on recreational documents issued through an automated licensing system may be set by the ((commission)) department and collected from licensees. The department may authorize all or part of such fee to be paid directly to a contractor providing automated licensing system services. Fees retained by dealers shall be uniform throughout the state. The department shall authorize dealers to collect and retain dealer fees of at least two dollars for purchase of a standard hunting or fishing recreational license document, except that the ((commission)) department may set a lower dealer fee for issuance of tags or when a licensee buys a license that involves a stamp or display card format rather than a standard department licensing document form.
     (2) For the 2009-2011 biennium, the department shall charge an additional transaction fee of ten percent on all recreational licenses, permits, tags, stamps, or raffle tickets. These transaction fees must be deposited into the state wildlife account, created in RCW 77.12.170, for funding fishing and hunting opportunities for recreational license holders.

Sec. 2069   RCW 77.32.070 and 2008 c 244 s 1 are each amended to read as follows:
     (1) Applicants for a license, permit, tag, or stamp shall furnish the information required by the director. However, the director may not require the purchaser of a razor clam license under RCW 77.32.520 to provide any personal information except for proof of residency. The ((commission)) department may adopt rules requiring licensees or permittees to keep records and make reports concerning the taking of or effort to harvest fish, shellfish, and wildlife. The reporting requirement may be waived where, for any reason, the department is not able to receive the report. The department must provide reasonable options for a licensee to submit information to a live operator prior to the reporting deadline.
     (2) The ((commission)) department may, by rule, set an administrative penalty for failure to comply with rules requiring the reporting of taking or effort to harvest wildlife. The ((commission)) department may also adopt rules requiring hunters who have not reported for the previous license year to complete a report and pay the assessed administrative penalty before a new hunting license is issued.
     (a) The total administrative penalty per hunter set by the ((commission)) department must not exceed ten dollars.
     (b) By December 31st of each year, the department shall report the rate of hunter compliance with the harvest reporting requirement, the administrative penalty imposed for failing to report, and the amount of administrative penalties collected during that year to the appropriate fiscal and policy committees of the senate and house of representatives.
     (3) The ((commission)) department may, by rule, set an administrative penalty for failure to comply with rules requiring the reporting of data from catch record cards officially endorsed for Puget Sound Dungeness crab. The ((commission)) department may also adopt rules requiring fishers who possessed a catch record card officially endorsed for Puget Sound Dungeness crab and who have not reported for the previous license year to complete a report and pay the assessed administrative penalty before a new catch record card officially endorsed for Puget Sound Dungeness crab is issued.
     (a) The total administrative penalty per fisher set by the ((commission)) department must not exceed ten dollars.
     (b) By December 31st of each year, the department shall report the rate of fisher compliance with the Puget Sound Dungeness crab catch record card reporting requirement, the administrative penalty imposed for failing to report, and the amount of administrative penalties collected during that year to the appropriate fiscal and policy committees of the senate and house of representatives.

Sec. 2070   RCW 77.32.090 and 2000 c 107 s 267 are each amended to read as follows:
     The ((commission)) department may adopt rules pertaining to the form, period of validity, use, possession, and display of licenses, permits, tags, stamps, and raffle tickets required by this chapter.

Sec. 2071   RCW 77.32.155 and 2009 c 269 s 1 are each amended to read as follows:
     (1)(a) When purchasing any hunting license, persons under the age of eighteen shall present certification of completion of a course of instruction of at least ten hours in the safe handling of firearms, safety, conservation, and sportsmanship. All persons purchasing any hunting license for the first time, if born after January 1, 1972, shall present such certification.
     (b)(i) The ((director)) department may establish a program for training persons in the safe handling of firearms, conservation, and sportsmanship and shall prescribe the type of instruction and the qualifications of the instructors. The ((director)) department shall, as part of establishing the training program, exempt members of the United States military from the firearms skills portion of any instruction course completed over the internet.
     (ii) The ((director)) department may cooperate with the National Rifle Association, organized sportsmen's groups, or other public or private organizations when establishing the training program.
     (c) Upon the successful completion of a course established under this section, the trainee shall receive a hunter education certificate signed by an authorized instructor. The certificate is evidence of compliance with this section.
     (d) The ((director)) department may accept certificates from other states that persons have successfully completed firearm safety, hunter education, or similar courses as evidence of compliance with this section.
     (2)(a) The ((director)) department may authorize a once in a lifetime, one license year deferral of hunter education training for individuals who are accompanied by a nondeferred Washington-licensed hunter who has held a Washington hunting license for the prior three years and is over eighteen years of age. The ((commission)) department shall adopt rules for the administration of this subsection to avoid potential fraud and abuse.
     (b) The ((director)) department is authorized to collect an application fee, not to exceed twenty dollars, for obtaining the once in a lifetime, one license year deferral of hunter education training from the department. This fee must be deposited into the fish and wildlife enforcement reward account and must be used exclusively to administer the deferral program created in this subsection.
     (c) For the purposes of this subsection, "accompanied" means to go along with another person while staying within a range of the other person that permits continual unaided visual and auditory communication.
     (3) To encourage the participation of an adequate number of instructors for the training program, the ((commission)) department shall develop nonmonetary incentives available to individuals who commit to serving as an instructor. The incentives may include additional hunting opportunities for instructors.

Sec. 2072   RCW 77.32.237 and 2007 c 254 s 6 are each amended to read as follows:
     The ((commission)) department shall attempt to enhance the hunting opportunities for persons with a disability. The ((commission shall authorize the director)) department is authorized to issue disabled hunter permits to persons with a disability. The ((commission)) department shall adopt rules governing the conduct of persons with a disability who hunt and their designated licensed hunter.

Sec. 2073   RCW 77.32.238 and 2007 c 254 s 5 are each amended to read as follows:
     (1) The ((commission)) department shall adopt rules defining who is a person with a disability and governing the conduct of persons with a disability who hunt and their designated licensed hunters. It is unlawful for any person to possess a loaded firearm in or on a motor vehicle except a person with a disability who possesses a disabled hunter permit and all appropriate hunting licenses may discharge a firearm or other legal hunting device from a nonmoving motor vehicle that has the engine turned off. A person with a disability who possesses a disabled hunter permit shall not be exempt from permit requirements for carrying concealed weapons, or from rules, laws, or ordinances concerning the discharge of these weapons. No hunting shall be permitted from a motor vehicle that is parked on or beside the maintained portion of a public road, except as authorized by the ((commission)) department by rule.
     (2) A person with a disability holding a disabled hunter permit may be accompanied by one licensed hunter who may assist the person with a disability by killing game wounded by the person with a disability, and by tagging and retrieving game killed by the person with a disability or the designated licensed hunter. A nondisabled hunter shall not possess a loaded gun in, or shoot from, a motor vehicle.

Sec. 2074   RCW 77.32.370 and 1998 c 191 s 26 are each amended to read as follows:
     (1) A special hunting season permit is required to hunt in each special season established under chapter 77.12 RCW.
     (2) Persons may apply for special hunting season permits as provided by rule of the ((commission)) department.
     (3) The application fee to enter the drawing for a special hunting permit is five dollars for residents, fifty dollars for nonresidents, and three dollars for youth.

Sec. 2075   RCW 77.32.400 and 2007 c 254 s 2 are each amended to read as follows:
     (1) The ((commission)) department shall authorize the director to issue designated harvester cards to persons with a disability. The ((commission)) department shall adopt rules defining who is a person with a disability and rules governing the conduct of persons with a disability who fish and harvest shellfish and their designated harvesters.
     (2) It is lawful for a designated harvester to fish for, take, or possess the personal-use daily bag limit of fish or shellfish for a person with a disability if the harvester is licensed and has a designated harvester card, and if the person with a disability is present on site and in possession of the appropriate fishing license issued under this chapter. Except as provided in subsection (4) of this section, the person with a disability must be present and participating in the fishing activity.
     (3) A designated harvester card will be issued to such a person with a disability upon written application to the ((director)) department. The application must be submitted on a department official form and must be accompanied by a licensed medical doctor's certification of disability.
     (4) A person with a disability utilizing the services of a designated harvester is not required to be present at the location where the designated harvester is harvesting shellfish for the person with a disability. The person with a disability is required to be in the direct line of sight of the designated harvester who is harvesting shellfish for him or her, unless it is not possible to be in a direct line of sight because of a physical obstruction or other barrier. If such a barrier or obstruction exists, the person with a disability is required to be within one-quarter mile of the designated harvester who is harvesting shellfish for him or her.

Sec. 2076   RCW 77.32.430 and 2010 c 193 s 11 are each amended to read as follows:
     (1) Catch record card information is necessary for proper management of the state's food fish and game fish species and shellfish resources. Catch record card administration shall be under rules adopted by the ((commission)) department. There is no charge for an initial catch record card. Each subsequent or duplicate catch record card costs ten dollars.
     (2) A license to take and possess Dungeness crab is only valid in Puget Sound waters east of the Bonilla-Tatoosh line if the fisher has in possession a valid catch record card officially endorsed for Dungeness crab. The endorsement shall cost no more than three dollars, including any or all fees authorized under RCW 77.32.050, when purchased for a personal use saltwater, combination, or shellfish and seaweed license. The endorsement shall cost no more than one dollar, including any or all fees authorized under RCW 77.32.050, when purchased for a temporary combination fishing license authorized under RCW 77.32.470(3)(a).
     (3) Catch record cards issued with affixed temporary short-term charter stamp licenses are not subject to the ten-dollar charge nor to the Dungeness crab endorsement fee provided for in this section. Charter boat or guide operators issuing temporary short-term charter stamp licenses shall affix the stamp to each catch record card issued before fishing commences. Catch record cards issued with a temporary short-term charter stamp are valid for one day.
     (4) The department shall include provisions for recording marked and unmarked salmon in catch record cards issued after March 31, 2004.
     (5)(a) The funds received from the sale of catch record cards and the Dungeness crab endorsement must be deposited into the state wildlife account created in RCW 77.12.170. The funds received from the Dungeness crab endorsement may be used only for the sampling, monitoring, and management of catch associated with the Dungeness crab recreational fisheries. Until June 30, 2011, funds received from the Dungeness crab endorsement may be used for the removal and disposal of derelict shellfish gear either directly by the department or under contract with a third party.
     (b) Moneys allocated under this section shall supplement and not supplant other federal, state, and local funds used for Dungeness crab recreational fisheries management.

Sec. 2077   RCW 77.32.440 and 1999 c 235 s 2 are each amended to read as follows:
     (1) The ((commission)) department shall adopt rules to continue funding current enhancement programs at levels equal to the participation of licensees in each of the individual enhancement programs. All enhancement funding will continue to be deposited directly into the individual accounts created for each enhancement.
     (2) In implementing subsection (1) of this section with regard to warm water game fish, the department shall deposit in the warm water game fish account the sum of one million two hundred fifty thousand dollars each fiscal year during the fiscal years 1999 and 2000, based on two hundred fifty thousand warm water anglers. Beginning in fiscal year 2001, and each year thereafter, the deposit to the warm water game fish account established in this subsection shall be adjusted annually to reflect the actual numbers of license holders fishing for warm water game fish based on an annual survey of licensed anglers from the previous year conducted by the department beginning with the April 1, 1999, to March 31, 2000, license year survey.

Sec. 2078   RCW 77.32.450 and 2005 c 140 s 1 are each amended to read as follows:
     (1) A big game hunting license is required to hunt for big game. A big game license allows the holder to hunt for forest grouse, unclassified wildlife, and the individual species identified within a specific big game combination license package. Each big game license includes one transport tag for each species purchased in that package. A hunter may not purchase more than one license for each big game species except as authorized by rule of the ((commission)) department. The fees for annual big game combination packages are as follows:
     (a) Big game number 1: Deer, elk, bear, and cougar. The fee for this license is sixty-six dollars for residents, six hundred sixty dollars for nonresidents, and thirty-three dollars for youth.
     (b) Big game number 2: Deer and elk. The fee for this license is fifty-six dollars for residents, five hundred sixty dollars for nonresidents, and twenty-eight dollars for youth.
     (c) Big game number 3: Deer or elk, bear, and cougar. At the time of purchase, the holder must identify either deer or elk. The fee for this license is forty-six dollars for residents, four hundred sixty dollars for nonresidents, and twenty-three dollars for youth.
     (d) Big game number 4: Deer or elk. At the time of purchase, the holder must identify either deer or elk. The fee for this license is thirty-six dollars for residents, three hundred sixty dollars for nonresidents, and eighteen dollars for youth.
     (e) Big game number 5: Bear and cougar. The fee for this license is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth.
     (2) In the event that the ((commission)) department authorizes a two animal big game limit, the fees for the second animal are as follows:
     (a) Elk: The fee is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth.
     (b) Deer: The fee is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth.
     (c) Bear: The fee is ten dollars for residents, one hundred dollars for nonresidents, and five dollars for youth.
     (d) Cougar: The fee is ten dollars for residents, one hundred dollars for nonresidents, and five dollars for youth.
     (3) In the event that the ((commission)) department authorizes a special permit hunt for goat, sheep, or moose, the permit fees are as follows:
     (a) Mountain goat: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth.
     (b) Sheep: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth.
     (c) Moose: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth.
     (4) Multiple season big game permit: The ((commission)) department may, by rule, offer permits for hunters to hunt deer or elk during more than one general season. Only one deer or elk may be harvested annually under a multiple season big game permit. The fee is one hundred fifty dollars for residents and one thousand five hundred dollars for nonresidents.
     (5) Authorization to hunt the species set out under subsection (3)(a) through (c) of this section or in multiple seasons as set out in subsection (4) of this section is by special permit issued under RCW 77.32.370.
     (6) The ((commission)) department may adopt rules to reduce the price of a license or eliminate the transportation tag requirements concerning bear or cougar when necessary to meet harvest objectives.

Sec. 2079   RCW 77.32.470 and 2009 c 333 s 6 are each amended to read as follows:
     (1) A personal use saltwater, freshwater, combination, temporary, or family fishing weekend license is required for all persons fifteen years of age or older to fish for or possess fish taken for personal use from state waters or offshore waters.
     (2) The fees for annual personal use saltwater, freshwater, or combination licenses are as follows:
     (a) A combination license allows the holder to fish for or possess fish, shellfish, and seaweed from state waters or offshore waters. The fee for this license is thirty-six dollars for residents, seventy-two dollars for nonresidents, and five dollars for youth. There is an additional fifty-cent surcharge for this license, to be deposited in the rockfish research account created in RCW 77.12.702.
     (b) A saltwater license allows the holder to fish for or possess fish taken from saltwater areas. The fee for this license is eighteen dollars for residents, thirty-six dollars for nonresidents, and five dollars for resident seniors. There is an additional fifty-cent surcharge for this license, to be deposited in the rockfish research account created in RCW 77.12.702.
     (c) A freshwater license allows the holder to fish for, take, or possess food fish or game fish species in all freshwater areas. The fee for this license is twenty dollars for residents, forty dollars for nonresidents, and five dollars for resident seniors.
     (3)(a) A temporary combination fishing license is valid for one to five consecutive days and allows the holder to fish for or possess fish, shellfish, and seaweed taken from state waters or offshore waters. The fee for this temporary fishing license is:
     (i) One day - Seven dollars for residents and fourteen dollars for nonresidents;
     (ii) Two days - Ten dollars for residents and twenty dollars for nonresidents;
     (iii) Three days - Thirteen dollars for residents and twenty-six dollars for nonresidents;
     (iv) Four days - Fifteen dollars for residents and thirty dollars for nonresidents; and
     (v) Five days - Seventeen dollars for residents and thirty-four dollars for nonresidents.
     (b) The fee for a charter stamp is seven dollars for a one-day temporary combination fishing license for residents and nonresidents for use on a charter boat as defined in RCW 77.65.150.
     (c) A transaction fee to support the automated licensing system will be taken from the amounts set forth in this subsection for temporary licenses.
     (d) Except for active duty military personnel serving in any branch of the United States armed forces, the temporary combination fishing license is not valid on game fish species for an eight-consecutive-day period beginning on the opening day of the lowland lake fishing season as defined by rule of the ((commission)) department.
     (e) The temporary combination fishing license fee for active duty military personnel serving in any branch of the United States armed forces is the resident rate as set forth in (a) of this subsection. Active duty military personnel must provide a valid military identification card at the time of purchase of the temporary license to qualify for the resident rate.
     (f) There is an additional fifty-cent surcharge on the temporary combination fishing license and the associated charter stamp, to be deposited in the rockfish research account created in RCW 77.12.702.
     (4) A family fishing weekend license allows for a maximum of six anglers: One resident and five youth; two residents and four youth; or one resident, one nonresident, and four youth. This license allows the holders to fish for or possess fish taken from state waters or offshore waters. The fee for this license is twenty dollars. This license is only valid during periods as specified by rule of the department.
     (5) The ((commission)) department may adopt rules to create and sell combination licenses for all hunting and fishing activities at or below a fee equal to the total cost of the individual license contained within any combination.
     (6) The ((commission)) department may adopt rules to allow the use of two fishing poles per fishing license holder for use on selected state waters. If authorized by the ((commission)) department, license holders must purchase a two-pole stamp to use a second pole. The proceeds from the sale of the two-pole stamp must be deposited into the state wildlife account created in RCW 77.12.170 and used for the operation and maintenance of state-owned fish hatcheries. The fee for a two-pole stamp is twenty dollars for residents and nonresidents, and five dollars for resident seniors.

Sec. 2080   RCW 77.32.500 and 1998 c 191 s 41 are each amended to read as follows:
     In order to simplify fishing license requirements in transition areas between saltwater and freshwater, the ((commission)) department may adopt rules designating specific waters where either a freshwater or a saltwater license is valid.

Sec. 2081   RCW 77.32.525 and 1987 c 506 s 48 are each amended to read as follows:
     The director ((shall administer rules adopted by the commission)) has the authority to adopt rules governing the time, place, and manner of holding hunting and fishing contests and competitive field trials involving live wildlife for hunting dogs. The department shall prohibit contests and field trials that are not in the best interests of wildlife.

Sec. 2082   RCW 77.32.530 and 2009 c 333 s 41 are each amended to read as follows:
     (1) The ((commission in consultation with the)) director may authorize hunting of big game animals and wild turkeys through auction. The department may conduct the auction for the hunt or contract with a nonprofit wildlife conservation organization to conduct the auction for the hunt.
     (2) The ((commission in consultation with the)) director may authorize hunting of up to a total of thirty big game animals and wild turkeys per year through raffle. The department may conduct raffles or contract with a nonprofit wildlife conservation organization to conduct raffles for hunting these animals. In consultation with the gambling commission, the director may adopt rules for the implementation of raffles involving hunting.
     (3) The director shall establish the procedures for the hunts, which shall require any participants to obtain any required license, permit, or tag. Representatives of the department may participate in the hunt ((upon the request of the commission)) to ensure that the animals to be killed are properly identified.
     (4) After deducting the expenses of conducting an auction or raffle, any revenues retained by a nonprofit organization, as specified under contract with the department, shall be devoted solely for wildlife conservation, consistent with its qualification as a bona fide nonprofit organization for wildlife conservation.
     (5) The department's share of revenues from auctions and raffles shall be deposited in the state wildlife account created in RCW 77.12.170. The revenues shall be used to improve game management and shall supplement, rather than replace, other funds budgeted for management of game species. The ((commission)) department may solicit input from groups or individuals with special interest in and expertise on a species in determining how to use these revenues.
     (6) A nonprofit wildlife conservation organization may petition the ((commission)) department to authorize an auction or raffle for a special hunt for big game animals and wild turkeys.

Sec. 2083   RCW 77.32.535 and 2001 c 253 s 52 are each amended to read as follows:
     If a private entity has a private lands wildlife management area agreement in effect with the department, the ((commission)) department may authorize the private entity to conduct raffles for access to hunt for big game animals and wild turkeys to meet the conditions of the agreement. The private entity shall comply with all applicable rules adopted under RCW 77.32.530 for the implementation of raffles; however, raffle hunts conducted pursuant to this section shall not be counted toward the number of raffle hunts the ((commission)) department may authorize under RCW 77.32.530. The ((director)) department shall establish the procedures for the hunts, which shall require any participants to obtain any required license, permit, or tag. Representatives of the department may participate in the hunt ((upon the request of the commission)) to ensure that the animals to be killed are properly identified.

Sec. 2084   RCW 77.32.550 and 2007 c 254 s 4 are each amended to read as follows:
     (1) A group fishing permit allows a group of individuals to fish, and harvest shellfish, without individual licenses or the payment of individual license fees.
     (2) The director must issue a group fishing permit on a seasonal basis to a state-operated facility or state-licensed nonprofit facility or program for persons with physical or mental disabilities, hospital patients, seriously or terminally ill persons, persons who are dependent on the state because of emotional or physical developmental disabilities, or senior citizens who are in the care of the facility. The permit is valid only for use during open season.
     (3) The director may set conditions and issue a group fishing permit to groups working in partnership with and participating in department outdoor education programs. At the discretion of the director, a processing fee may be applied.
     (4) The ((commission)) department may adopt rules that provide the conditions under which a group fishing permit is issued.

Sec. 2085   RCW 77.32.560 and 2009 c 333 s 42 are each amended to read as follows:
     (1) The department may sell watchable wildlife decals. Proceeds from the sale of the decal must be deposited into the state wildlife account created in RCW 77.12.170 and must be dedicated to the support of the department's watchable wildlife activities. The department may also use proceeds from the sale of the decal for marketing the decal and for marketing watchable wildlife activities in the state.
     (2) The term "watchable wildlife activities" includes but is not limited to: Initiating partnerships with communities to jointly develop watchable wildlife projects, building infrastructure to serve wildlife viewers, assisting and training communities in conducting wildlife watching events, developing destination wildlife viewing corridors and trails, tours, maps, brochures, and travel aides, and offering grants to assist rural communities in identifying key wildlife attractions and ways to protect and promote them.
     (3) The ((commission)) department must adopt by rule the cost of the watchable wildlife decal. A person may, at their discretion, contribute more than the cost as set by the ((commission)) department by rule for the watchable wildlife decal in order to support watchable wildlife activities. A person who purchases a watchable wildlife decal must be issued one vehicle use permit free of charge.

Sec. 2086   RCW 77.32.565 and 2008 c 10 s 1 are each amended to read as follows:
     (1) In order to facilitate hunting and fishing opportunities for a terminally ill person, the director may provide any licenses, tags, permits, stamps, and other fees without charge including transaction and dealer fees.
     (2) The director may accept special permits or other special hunting opportunities, including raffle tags, auction tags, and multiple season opportunities from donors seeking to facilitate hunting opportunities for a terminally ill person. The director shall distribute these donations pursuant to rules adopted under subsection (4) of this section.
     (3) The director may take other actions consistent with facilitating hunting and fishing opportunities for a terminally ill person. These actions may include, but are not limited to, entering into agreements with willing landowners pursuant to RCW 77.12.320.
     (4) In addition to rules required under subsection (2) of this section, the ((commission)) department may adopt rules as necessary to effectuate the purpose and policies of this section.

Sec. 2087   RCW 77.32.570 and 2009 c 333 s 15 are each amended to read as follows:
     (1) In order to effectively manage wildlife in areas or at times when a higher proficiency and demonstrated skill level are needed for resource protection or public safety, the department establishes the master hunter permit program. The master hunter permit program emphasizes safe, ethical, responsible, and lawful hunting practices. Program goals include improving the public's perception of hunting and perpetuating the highest hunting standards.
     (2) A master hunter permit is required to participate in controlled hunts to eliminate problem animals that damage property or threaten public safety. The ((commission)) department may establish by rule the requirements an applicant must comply with when applying for or renewing a master hunter permit, including but not limited to a criminal background check. The director may establish an advisory group to assist the department with administering the master hunter (([permit])) permit program.
     (3) The fee for an initial master hunter permit may not exceed fifty dollars, and the cost of renewing a master hunter permit may not exceed twenty-five dollars. Funds generated under this section must be deposited into the fish and wildlife enforcement reward account established in RCW 77.15.425, and the funds must be used exclusively to administer the master hunter (([permit])) permit program.

Sec. 2088   RCW 77.36.030 and 2009 c 333 s 61 are each amended to read as follows:
     (1) Subject to limitations and conditions established by the ((commission)) department, the owner, the owner's immediate family member, the owner's documented employee, or a tenant of real property may trap, consistent with RCW 77.15.194, or kill wildlife that is threatening human safety or causing property damage on that property, without the licenses required under RCW 77.32.010 or authorization from the director under RCW 77.12.240.
     (2) The ((commission)) department shall establish the limitations and conditions of this section by rule. The rules must include:
     (a) Appropriate protection for threatened or endangered species;
     (b) Instances when verbal or written permission is required to kill wildlife;
     (c) Species that may be killed under this section; and
     (d) Requirements for the disposal of wildlife trapped or killed under this section.
     (3) In establishing the limitations and conditions of this section, the ((commission)) department shall take into consideration the recommendations of the Washington state wolf conservation and management plan.

Sec. 2089   RCW 77.36.100 and 2009 c 333 s 55 are each amended to read as follows:
     (1)(a) Except as limited by RCW 77.36.070 and 77.36.080, the department shall offer to distribute money appropriated to pay claims to the owner of commercial crops for damage caused by wild deer or elk or to the owners of commercial livestock that has been killed by bears, wolves, or cougars, or injured by bears, wolves, or cougars to such a degree that the market value of the commercial livestock has been diminished. Payments for claims for damage to commercial livestock are not subject to the limitations of RCW 77.36.070 and 77.36.080, but may not exceed the total amount specifically appropriated therefor.
     (b) Owners of commercial crops or commercial livestock are only eligible for a claim under this subsection if:
     (i) The owner satisfies the definition of "eligible farmer" in RCW 82.08.855;
     (ii) The conditions of RCW 77.36.110 have been satisfied; and
     (iii) The damage caused to the commercial crop or commercial livestock satisfies the criteria for damage established by the ((commission)) department under this subsection.
     (c) The ((commission)) department shall adopt and maintain by rule criteria that clarifies the damage to commercial crops and commercial livestock qualifying for compensation under this subsection. An owner of a commercial crop or commercial livestock must satisfy the criteria prior to receiving compensation under this subsection. The criteria for damage adopted under this subsection must include, but not be limited to, a required minimum economic loss to the owner of the commercial crop or commercial livestock, which may not be set at a value of less than five hundred dollars.
     (2)(a) The department may offer to provide noncash compensation only to offset wildlife interactions to a person who applies to the department for compensation for damage to property other than commercial crops or commercial livestock that is the result of a mammalian or avian species of wildlife on a case-specific basis if the conditions of RCW 77.36.110 have been satisfied and if the damage satisfies the criteria for damage established by the ((commission)) department under this subsection.
     (b) The ((commission)) department shall adopt and maintain by rule criteria for damage to property other than a commercial crop or commercial livestock that is damaged by wildlife and may be eligible for compensation under this subsection, including criteria for filing a claim for compensation under this subsection.
     (3)(a) To prevent or offset wildlife interactions, the department may offer materials or services to a person who applies to the department for assistance in providing mitigating actions designed to reduce wildlife interactions if the actions are designed to address damage that satisfies the criteria for damage established by the ((commission)) department under this subsection.
     (b) The ((commission)) department shall adopt and maintain by rule criteria for mitigating actions designed to address wildlife interactions that may be eligible for materials and services under this section, including criteria for submitting an application under this section.
     (4) An owner who files a claim under this section may appeal the decision of the department pursuant to rules adopted by the ((commission)) department if the claim:
     (a) Is denied; or
     (b) Is disputed by the owner and the owner disagrees with the amount of compensation determined by the department.

Sec. 2090   RCW 77.36.110 and 2009 c 333 s 56 are each amended to read as follows:
     (1) No owner may receive compensation for wildlife interactions under this chapter unless the owner has, as determined by the department, first:
     (a) Utilized applicable legal and practicable self-help preventive measures available to prevent the damage, including the use of nonlethal methods and department-provided materials and services when available under RCW 77.36.100; and
     (b) Exhausted all available compensation options available from nonprofit organizations that provide compensation to private property owners due to financial losses caused by wildlife interactions.
     (2) In determining if the requirements of this section have been satisfied, the department may recognize and consider the following:
     (a) Property losses may occur without future or anticipated knowledge of potential problems resulting in an owner being unable to take preemptive measures.
     (b) Normal agricultural practices, animal husbandry practices, recognized standard management techniques, and other industry-recognized management practices may represent adequate preventative efforts.
     (c) Under certain circumstances, as determined by the department, wildlife may not logistically or practicably be managed by nonlethal efforts.
     (d) Not all available legal preventative efforts are cost-effective for the owner to practicably employ.
     (e) There are certain effective preventative control options not available due to federal or state restrictions.
     (f) Under certain circumstances, as determined by the department, permitting public hunting may not be a practicable self-help method due to the size and nature of the property, the property's setting, or the ability of the landowner to accommodate public access.
     (3) An owner is not eligible to receive compensation if the damages are covered by insurance.
     (4) The ((commission)) department shall adopt rules implementing this section, including requirements that owners document nonlethal preventive efforts undertaken and all permits issued by the department under RCW 77.12.240 and 77.12.150.

Sec. 2091   RCW 77.36.150 and 2009 c 333 s 64 are each amended to read as follows:
     The ((fish and wildlife commission)) department shall formally review the rules and policies adopted under sections 53 through 66, chapter 333, Laws of 2009. If, in the process of reviewing the rules, the ((fish and wildlife commission)) department identifies recommended statutory changes related to the subject of sections 53 through 66, chapter 333, Laws of 2009 and to the ability of the ((fish and wildlife commission)) department to fulfill the intent of sections 53 through 66, chapter 333, Laws of 2009, those recommendations must be forwarded to the appropriate policy committees of the legislature during the regularly scheduled 2014 legislative session.

Sec. 2092   RCW 77.50.010 and 2002 c 311 s 2 are each amended to read as follows:
     (1) The ((commission)) department may authorize commercial fishing for sockeye salmon within the waters described in subsection (2) of this section only during the period June 10th to July 25th and for other salmon only from the second Monday of September through November 30th, except during the hours between 4:00 p.m. of Friday and 4:00 p.m. of the following Sunday.
     (2) All waters east and south of a line commencing at a concrete monument on Angeles Point in Clallam county near the mouth of the Elwha River on which is inscribed "Angeles Point Monument" (latitude 48° 9' 3" north, longitude 123° 33' 01" west of Greenwich Meridian); thence running east on a line 81° 30' true across the flashlight and bell buoy off Partridge Point and thence continued to longitude 122° 40' west; thence north to the southerly shore of Sinclair Island; thence along the southerly shore of the island to the most easterly point of the island; thence 46° true to Carter Point, the most southerly point of Lummi Island; thence northwesterly along the westerly shore line of Lummi Island to where the shore line intersects line of longitude 122° 40' west; thence north to the mainland, including: The southerly portion of Hale Passage, Bellingham Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, Similk Bay, Saratoga Passage, Holmes Harbor, Possession Sound, Admiralty Inlet, Hood Canal, Puget Sound, and their inlets, passages, waters, waterways, and tributaries.
     (3) The ((commission)) department may authorize commercial fishing for salmon with gill net, purse seine, and other lawful gear prior to the second Monday in September within the waters of Hale Passage, Bellingham Bay, Samish Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, and Similk Bay, to wit: Those waters northerly and easterly of a line commencing at Stanwood, thence along the south shore of Skagit Bay to Rocky Point on Camano Island; thence northerly to Polnell Point on Whidbey Island.
     (4) Whenever the ((commission)) department determines that a stock or run of salmon cannot be harvested in the usual manner, and that the stock or run of salmon may be in danger of being wasted and surplus to natural or artificial spawning requirements, the ((commission)) department may authorize units of gill net and purse seine gear in any number or equivalents, by time and area, to fully utilize the harvestable portions of these salmon runs for the economic well being of the citizens of this state. Gill net and purse seine gear other than emergency and test gear authorized by the director shall not be used in Lake Washington.
     (5) The ((commission)) department may authorize commercial fishing for pink salmon in each odd-numbered year from August 1st through September 1st in the waters lying inside of a line commencing at the most easterly point of Dungeness Spit and thence projected to Point Partridge on Whidbey Island and a line commencing at Olele Point and thence projected easterly to Bush Point on Whidbey Island.

Sec. 2093   RCW 77.50.020 and 1998 c 190 s 76 are each amended to read as follows:
     (1) The ((commission)) department may authorize commercial fishing for coho salmon in the Pacific Ocean and the Straits of Juan de Fuca only from June 16th through October 31st.
     (2) The ((commission)) department may authorize commercial fishing for chinook salmon in the Pacific Ocean and the Straits of Juan de Fuca only from March 15th through October 31st.

Sec. 2094   RCW 77.50.040 and 1998 c 190 s 78 are each amended to read as follows:
     (1) The ((commission)) department shall adopt rules defining geographical boundaries of the following Columbia river tributaries and sloughs:
     (a) Washougal river;
     (b) Camas slough;
     (c) Lewis river;
     (d) Kalama river;
     (e) Cowlitz river;
     (f) Elokomin river;
     (g) Elokomin sloughs;
     (h) Skamokawa sloughs;
     (i) Grays river;
     (j) Deep river;
     (k) Grays bay.
     (2) The ((commission)) department may authorize commercial net fishing for salmon in the tributaries and sloughs from September 1st to November 30th only, if the time, areas, and level of effort are regulated in order to maximize the recreational fishing opportunity while minimizing excess returns of fish to hatcheries. The ((commission)) department shall not authorize commercial net fishing if a significant catch of steelhead would occur.

Sec. 2095   RCW 77.50.050 and 1998 c 190 s 79 are each amended to read as follows:
     The ((commission)) department shall not authorize use of reef net fishing gear except in the reef net areas described in this section.
     (1) Point Roberts reef net fishing area includes those waters within 250 feet on each side of a line projected 129° true from a point at longitude 123° 01' 15" W. latitude 48° 58' 38" N. to a point one mile distant, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6300, published September, 1941, in Washington, D.C., eleventh edition.
     (2) Cherry Point reef net fishing area includes those waters inland and inside the 10-fathom line between lines projected 205° true from points on the mainland at longitude 122° 44' 54" latitude 48° 51' 48" and longitude 122° 44' 18" latitude 48° 51' 33", ((a [as])) as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (3) Lummi Island reef net fishing area includes those waters inland and inside a line projected from Village Point 208° true to a point 900 yards distant, thence 129° true to the point of intersection with a line projected 259° true from the shore of Lummi Island 122° 40' 42" latitude 48° 41' 32", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition, revised 11-25-57, save and except that there shall be excluded therefrom all waters lying inside of a line projected 259° true from a point at 122° 40' 42" latitude 48° 41' 32" to a point 300 yards distant from high tide, thence in a northerly direction to the United States Coast and Geodetic Survey reference mark number 2, 1941-1950, located on that point on Lummi Island known as Lovers Point, as such descriptions are shown upon the United States Coast and Geodetic Survey map number 6380 as aforesaid. The term "Village Point" as used herein shall be construed to mean a point of location on Village Point, Lummi Island, at the mean high tide line on a true bearing of 43° 53' a distance of 457 feet to the center of the chimney of a wood frame house on the east side of the county road. Said chimney and house being described as Village Point Chimney on page 612 of the United States Coast and Geodetic Survey list of geographic positions No. G-5455, Rosario Strait.
     (4) Sinclair Island reef net fishing area includes those waters inland and inside a line projected from the northern point of Sinclair Island to Boulder reef, thence 200° true to the northwesterly point of Sinclair Island, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (5) Flat Point reef net fishing area includes those waters within a radius of 175 feet of a point off Lopez Island located at longitude 122° 55' 24" latitude 48° 32' 33", as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (6) Lopez Island reef net fishing area includes those waters within 400 yards of shore between lines projected true west from points on the shore of Lopez Island at longitude 122° 55' 04" latitude 48° 31' 59" and longitude 122° 55' 54" latitude 48° 30' 55", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (7) Iceberg Point reef net fishing area includes those waters inland and inside a line projected from Davis Point on Lopez Island to the west point of Long Island, thence to the southern point of Hall Island, thence to the eastern point at the entrance to Jones Bay, and thence to the southern point at the entrance to Mackaye Harbor on Lopez Island; and those waters inland and inside a line projected 320° from Iceberg Point light on Lopez Island, a distance of 400 feet, thence easterly to the point on Lopez Island at longitude 122° 53' 00" latitude 48° 25' 39", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (8) Aleck Bay reef net fishing area includes those waters inland and inside a line projected from the southwestern point at the entrance to Aleck Bay on Lopez Island at longitude 122° 51' 11" latitude 48° 25' 14" southeasterly 800 yards to the submerged rock shown on U.S.G.S. map number 6380, thence northerly to the cove on Lopez Island at longitude 122° 50' 49" latitude 48° 25' 42", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (9) Shaw Island reef net fishing area number 1 includes those waters within 300 yards of shore between lines projected true south from points on Shaw Island at longitude 122° 56' 14" latitude 48° 33' 28" and longitude 122° 57' 29" latitude 48° 32' 58", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (10) Shaw Island reef net fishing area number 2 includes those waters inland and inside a line projected from Point George on Shaw Island to the westerly point of Neck Point on Shaw Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (11) Stuart Island reef net fishing area number 1 includes those waters within 600 feet of the shore of Stuart Island between lines projected true east from points at longitude 123° 10' 47" latitude 48° 39' 47" and longitude 123° 10' 47" latitude 48° 39' 33", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (12) Stuart Island reef net fishing area number 2 includes those waters within 250 feet of Gossip Island, also known as Happy Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (13) Johns Island reef net fishing area includes those waters inland and inside a line projected from the eastern point of Johns Island to the northwestern point of Little Cactus Island, thence northwesterly to a point on Johns Island at longitude 123° 09' 24" latitude 48° 39' 59", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (14) Battleship Island reef net fishing area includes those waters lying within 350 feet of Battleship Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (15) Open Bay reef net fishing area includes those waters lying within 150 feet of shore between lines projected true east from a point on Henry Island at longitude 123° 11' 34 1/2" latitude 48° 35' 27 1/2" at a point 250 feet south, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (16) Mitchell Reef net fishing area includes those waters within a line beginning at the rock shown on U.S.G.S. map number 6380 at longitude 123° 10' 56" latitude 48° 34' 49 1/2", and projected 50 feet northwesterly, thence southwesterly 250 feet, thence southeasterly 300 feet, thence northeasterly 250 feet, thence to the point of beginning, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (17) Smugglers Cove reef fishing area includes those waters within 200 feet of shore between lines projected true west from points on the shore of San Juan Island at longitude 123° 10' 29" latitude 48° 33' 50" and longitude 123° 10' 31" latitude 48° 33' 45", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (18) Andrews Bay reef net fishing area includes those waters lying within 300 feet of the shore of San Juan Island between a line projected true south from a point at the northern entrance of Andrews Bay at longitude 123° 09' 53 1/2" latitude 48° 33' 00" and the cable crossing sign in Andrews Bay, at longitude 123° 09' 45" latitude 48° 33' 04", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (19) Orcas Island reef net fishing area includes those waters inland and inside a line projected true west a distance of 1,000 yards from the shore of Orcas Island at longitude 122° 57' 40" latitude 48° 41' 06" thence northeasterly to a point 500 feet true west of Point Doughty, then true east to Point Doughty, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

Sec. 2096   RCW 77.50.070 and 1998 c 190 s 80 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, the ((commission)) department shall not authorize gear other than troll gear or angling gear for taking salmon within the offshore waters or the waters of the Pacific Ocean over which the state has jurisdiction lying west of the following line: Commencing at the point of intersection of the international boundary line in the Strait of Juan de Fuca and a line drawn between the lighthouse on Tatoosh Island in Clallam County and Bonilla Point on Vancouver Island; thence southerly to the lighthouse on Tatoosh Island; thence southerly to the most westerly point of Cape Flattery; thence southerly along the state shoreline of the Pacific Ocean, crossing any river mouths at their most westerly points of land, to Point Brown at the entrance to Grays Harbor; thence southerly to Point Chehalis Light on Point Chehalis; thence southerly from Point Chehalis along the state shoreline of the Pacific Ocean to the Cape Shoalwater tower at the entrance to Willapa Bay; thence southerly to Leadbetter Point; thence southerly along the state shoreline of the Pacific Ocean to the inshore end of the North jetty at the entrance to the Columbia River; thence southerly to the knuckle of the South jetty at the entrance to said river.
     (2) The ((commission)) department may authorize the use of nets for taking salmon in the waters described in subsection (1) of this section for scientific investigations.

Sec. 2097   RCW 77.50.090 and 1998 c 190 s 82 are each amended to read as follows:
     The ((commission)) department shall not authorize commercial bottom trawling for food fish and shellfish in all areas of Hood Canal south of a line projected from Tala Point to Foulweather Bluff and in Puget Sound south of a line projected from Foulweather Bluff to Double Bluff and including all marine waters east of Whidbey Island and Camano Island.

Sec. 2098   RCW 77.50.100 and 1998 c 190 s 83 are each amended to read as follows:
     The ((commission)) department shall not authorize any commercial fisher to use more than fifty shrimp pots while commercially fishing for shrimp in that portion of Hood Canal lying south of the Hood Canal floating bridge.

Sec. 2099   RCW 77.50.110 and 1998 c 190 s 84 are each amended to read as follows:
     The ((commission)) department shall not authorize angling gear or other personal use gear for commercial salmon fishing.

Sec. 2100   RCW 77.55.011 and 2010 c 210 s 26 are each reenacted and amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, storm water runoff devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered artificially.
     (2) "Board" means the pollution control hearings board created in chapter 43.21B RCW.
     (3) "Commission" means the ((state)) fish and wildlife advisory commission within the department of conservation and recreation.
     (4) "Date of receipt" has the same meaning as defined in RCW 43.21B.001.
     (5) "Department" means the department of ((fish and wildlife)) conservation and recreation.
     (6) "Director" means the director of the department of ((fish and wildlife)) conservation and recreation.
     (7) "Emergency" means an immediate threat to life, the public, property, or of environmental degradation.
     (8) "Hydraulic project" means the construction or performance of work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or freshwaters of the state.
     (9) "Imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for a permit application.
     (10) "Marina" means a public or private facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.
     (11) "Marine terminal" means a public or private commercial wharf located in the navigable water of the state and used, or intended to be used, as a port or facility for the storing, handling, transferring, or transporting of goods to and from vessels.
     (12) "Ordinary high water line" means the mark on the shores of all water that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years as to mark upon the soil or vegetation a character distinct from the abutting upland. Provided, that in any area where the ordinary high water line cannot be found, the ordinary high water line adjoining saltwater is the line of mean higher high water and the ordinary high water line adjoining fresh water is the elevation of the mean annual flood.
     (13) "Permit" means a hydraulic project approval permit issued under this chapter.
     (14) "Sandbars" includes, but is not limited to, sand, gravel, rock, silt, and sediments.
     (15) "Small scale prospecting and mining" means the use of only the following methods: Pans; nonmotorized sluice boxes; concentrators; and minirocker boxes for the discovery and recovery of minerals.
     (16) "Spartina," "purple loosestrife," and "aquatic noxious weeds" have the same meanings as defined in RCW 17.26.020.
     (17) "Streambank stabilization" means those projects that prevent or limit erosion, slippage, and mass wasting. These projects include, but are not limited to, bank resloping, log and debris relocation or removal, planting of woody vegetation, bank protection using rock or woody material or placement of jetties or groins, gravel removal, or erosion control.
     (18) "Tide gate" means a one-way check valve that prevents the backflow of tidal water.
     (19) "Waters of the state" and "state waters" means all salt and fresh waters waterward of the ordinary high water line and within the territorial boundary of the state.

Sec. 2101   RCW 77.55.191 and 2005 c 146 s 506 are each amended to read as follows:
     (1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game fish resources in these streams and rivers and to protect them against undue industrial encroachment.
     (2) Within the sanctuary area:
     (a) The department shall not issue a permit to construct a dam greater than twenty-five feet high within the migration range of anadromous fish as determined by the department.
     (b) A person shall not divert water from rivers and streams in quantities that will reduce the respective stream flow below the annual average low flow, based upon data published in United States geological survey reports.
     (3) The ((commission)) department may acquire and abate a dam or other obstruction, or acquire any water right vested on a sanctuary stream or river, which is in conflict with the provisions of subsection (2) of this section.
     (4) Subsection (2)(a) of this section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.

Sec. 2102   RCW 77.60.020 and 1995 1st sp.s. c 2 s 28 are each amended to read as follows:
     Only upon recommendation of the ((commission)) department may the state oyster reserves be sold, leased, or otherwise disposed of by the department of natural resources.

Sec. 2103   RCW 77.60.030 and 2000 c 107 s 22 are each amended to read as follows:
     It is the policy of the state to improve state oyster reserves so that they are productive and yield a revenue sufficient for their maintenance. In fixing the price of oysters and other shellfish sold from the reserves, the director shall take into consideration this policy. It is also the policy of the state to maintain the oyster reserves to furnish shellfish to growers and processors and to stock public beaches.
     Shellfish may be harvested from state oyster reserves for personal use as prescribed by rule of the director.
     The director shall periodically inventory the state oyster reserves and assign the reserve lands into management categories:
     (1) Native Olympia oyster broodstock reserves;
     (2) Commercial shellfish harvesting zones;
     (3) Commercial shellfish propagation zones designated for long-term leasing to private aquaculturists;
     (4) Public recreational shellfish harvesting zones;
     (5) Unproductive land.
     The director shall manage each category of oyster reserve land to maximize the sustained yield production of shellfish consistent with the purpose for establishment of each management category.
     The ((commission)) department shall develop an oyster reserve management plan, to include recommendations for leasing reserve lands, in coordination with the shellfish industry, by January 1, 1986.
     The director shall protect, reseed, improve the habitat of, and replant state oyster reserves. The director shall also issue cultch permits and oyster reserve fishery licenses.

Sec. 2104   RCW 77.60.100 and 2000 c 107 s 26 are each amended to read as follows:
     The ((commission)) department may examine the clam, mussel, and oyster beds located on aquatic lands belonging to the state and request the commissioner of public lands to withdraw these lands from sale and lease for the purpose of establishing reserves or public beaches. The ((director)) department shall conserve, protect, and develop these reserves and the oyster, shrimp, clam, and mussel beds on state lands.

Sec. 2105   RCW 77.65.420 and 2000 c 107 s 53 are each amended to read as follows:
     By July 1, 1994, the ((commission)) department jointly with the appropriate Indian tribes, shall each establish a wild salmonid policy. The policy shall ensure that department actions and programs are consistent with the goals of rebuilding wild stock populations to levels that permit commercial and recreational fishing opportunities.

Sec. 2106   RCW 77.65.480 and 2009 c 333 s 11 are each amended to read as follows:
     (1) A taxidermy license allows the holder to practice taxidermy for commercial purposes, as that term is defined in RCW 77.15.110. The fee for this license is one hundred eighty dollars.
     (2) A fur dealer's license allows the holder to purchase, receive, or resell raw furs for commercial purposes, as that term is defined in RCW 77.15.110. The fee for this license is one hundred eighty dollars.
     (3) A game fish guide license allows the holder to offer or perform the services of a game fish guide in the taking of game fish. The fee for this license is one hundred eighty dollars for a resident and six hundred dollars for a nonresident.
     (4) A game farm license allows the holder to operate a game farm to acquire, breed, grow, keep, and sell wildlife under conditions prescribed by the rules adopted pursuant to this title. The fee for this license is seventy-two dollars for the first year and forty-eight dollars for each following year.
     (5) A game fish stocking permit allows the holder to release game fish into the waters of the state as prescribed by rule of the ((commission)) department. The fee for this permit is twenty-four dollars.
     (6) A fishing or field trial permit allows the holder to promote, conduct, hold, or sponsor a fishing or field trial contest in accordance with rules of the ((commission)) department. The fee for a fishing contest permit is twenty-four dollars. The fee for a field trial contest permit is twenty-four dollars.
     (7)(a) An anadromous game fish buyer's license allows the holder to purchase or sell steelhead trout and other anadromous game fish harvested by Indian fishers lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director. The fee for this license is one hundred eighty dollars.
     (b) An anadromous game fish buyer's license is not required for those businesses that buy steelhead trout and other anadromous game fish from Washington licensed game fish dealers and sell solely at retail.

Sec. 2107   RCW 77.65.510 and 2009 c 195 s 1 are each amended to read as follows:
     (1) The department must establish and administer a direct retail endorsement to serve as a single license that permits a Washington license holder or alternate operator to commercially harvest retail-eligible species and to clean, dress, and sell his or her catch directly to consumers at retail, including over the internet. The direct retail endorsement must be issued as an optional addition to all holders of: (a) A commercial fishing license for retail-eligible species that the department offers under this chapter; and (b) an alternate operator license who are designated as an alternate operator on a commercial fishing license for retail eligible species.
     (2) The direct retail endorsement must be offered at the time of application for the qualifying commercial fishing license. Individuals in possession of a qualifying commercial fishing license issued under this chapter, and alternate operators designated on such a license, may add a direct retail endorsement to their current license at any time. Individuals who do not have a commercial fishing license for retail-eligible species issued under this chapter, and who are not designated as alternate operators on such a license, may not receive a direct retail endorsement. The costs, conditions, responsibilities, and privileges associated with the endorsed commercial fishing license is not affected or altered in any way by the addition of a direct retail endorsement. These costs include the base cost of the license and any revenue and excise taxes.
     (3) An individual need only add one direct retail endorsement to his or her license portfolio. If a direct retail endorsement is selected by an individual holding more than one commercial fishing license issued under this chapter, a single direct retail endorsement is considered to be added to all qualifying commercial fishing licenses held by that individual, and is the only license required for the individual to sell at retail any retail-eligible species permitted by all of the underlying endorsed licenses. If a direct retail endorsement is selected by an individual designated as an alternate operator on more than one commercial license issued under this chapter, a single direct retail endorsement is the only license required for the individual to sell at retail any retail-eligible species permitted by all of the underlying endorsed licenses on which the individual is designated as an alternate operator. The direct retail endorsement applies only to the Washington license holder or alternate operator obtaining the endorsement.
     (4) In addition to any fees charged for the endorsed licenses and harvest documentation as required by this chapter or the rules of the department, the department may set a reasonable annual fee not to exceed the administrative costs to the department for a direct retail endorsement.
     (5) The holder of a direct retail endorsement is responsible for documenting the commercial harvest of salmon and crab according to the provisions of this chapter, the rules of the department for a wholesale fish dealer, and the reporting requirements of the endorsed license. Any retail-eligible species caught by the holder of a direct retail endorsement must be documented on fish tickets.
     (6) The direct retail endorsement must be displayed in a readily visible manner by the seller wherever and whenever a sale to someone other than a licensed wholesale dealer occurs. The ((commission)) department may require that the holder of a direct retail endorsement notify the department up to eighteen hours before conducting an in-person sale of retail-eligible species, except for in-person sales that have a cumulative retail sales value of less than one hundred fifty dollars in a twenty-four hour period that are sold directly from the vessel. For sales occurring in a venue other than in person, such as over the internet, through a catalog, or on the phone, the direct retail endorsement number of the seller must be provided to the buyer both at the time of sale and the time of delivery. All internet sales must be conducted in accordance with federal laws and regulations.
     (7) The direct retail endorsement is to be held by a natural person and is not transferrable or assignable. If the endorsed license is transferred, the direct retail endorsement immediately becomes void, and the transferor is not eligible for a full or prorated reimbursement of the annual fee paid for the direct retail endorsement. Upon becoming void, the holder of a direct retail endorsement must surrender the physical endorsement to the department.
     (8) The holder of a direct retail endorsement must abide by the provisions of Title 69 RCW as they apply to the processing and retail sale of seafood. The department must distribute a pamphlet, provided by the department of agriculture, with the direct retail endorsement generally describing the labeling requirements set forth in chapter 69.04 RCW as they apply to seafood.
     (9) The holder of a qualifying commercial fishing license issued under this chapter, or an alternate operator designated on such a license, must either possess a direct retail endorsement or a wholesale dealer license provided for in RCW 77.65.280 in order to lawfully sell their catch or harvest in the state to anyone other than a licensed wholesale dealer.
     (10) The direct retail endorsement entitles the holder to sell a retail-eligible species only at a temporary food service establishment as that term is defined in RCW 69.06.045, or directly to a restaurant or other similar food service business.

Sec. 2108   RCW 77.70.450 and 2003 c 174 s 1 are each amended to read as follows:
     The commercial fisheries buyback account is created in the custody of the state treasurer. All receipts from money collected by the ((commission)) department under RCW 77.70.460, moneys appropriated for the purposes of this section, and other gifts, grants, or donations specifically made to the fund must be deposited into the account. Expenditures from the account may be used only for the purpose of repaying moneys advanced by the federal government under a groundfish fleet reduction program established by the federal government, or for other fleet reduction efforts, commercial fishing license buyback programs, or similar programs designed to reduce the harvest capacity in a commercial fishery. Only the director ((of the department)) or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 2109   RCW 77.70.460 and 2003 c 174 s 2 are each amended to read as follows:
     (1) The ((commission)) department shall collect a fee upon all deliveries of fish or shellfish from persons holding: (a) A federal pacific groundfish limited entry permit with a trawl endorsement; (b) an ocean pink shrimp delivery license issued under RCW 77.65.390; (c) a Dungeness crab -- coastal fishery license issued under RCW 77.70.280; (d) a food fish delivery license issued under RCW 77.65.200; or (e) a shrimp trawl license under RCW 77.65.220, to repay the federal government for moneys advanced by the federal government under a groundfish fleet reduction program established by the federal government.
     (2) The ((commission)) department shall adopt a fee schedule by rule for the collection of the fee required by subsection (1) of this section. The fee schedule adopted shall limit the total amount of moneys collected through the fee to the minimum amount necessary to repay the moneys advanced by the federal government, but be sufficient to repay the debt obligation of each fishery. The fee charged to the holders of a Dungeness crab -- coastal fishery license may not exceed two percent of the total ex-vessel value of annual landings, and the fee charged to all other eligible license holders may not exceed five percent of the total ex-vessel value of annual landings. The ((commission)) department may adjust the fee schedule as necessary to ensure that the funds collected are adequate to repay the debt obligation of each fishery.
     (3) The ((commission)) department shall deposit moneys collected under this section in the commercial fisheries buyback account created in RCW 77.70.450.
     (4) This section expires January 1, 2033, or when the groundfish fleet reduction program referenced in this section is completed, whichever is sooner.

Sec. 2110   RCW 77.70.470 and 2003 c 174 s 3 are each amended to read as follows:
     (1) The ((commission)) department may not assess the fee specified under RCW 77.70.460 until after the federal government creates a groundfish fleet reduction program.
     (2) This section expires January 1, 2033, or when the groundfish fleet reduction program referenced in RCW 77.70.460 is completed, whichever is sooner.

Sec. 2111   RCW 77.75.020 and 2000 c 107 s 86 are each amended to read as follows:
     The ((commission)) department may give to the state of Oregon such consent and approbation of the state of Washington as is necessary under the compact set out in RCW 77.75.010. For the purposes of RCW 77.75.010, the states of Washington and Oregon have concurrent jurisdiction in the concurrent waters of the Columbia river.

Sec. 2112   RCW 77.75.040 and 1995 1st sp.s. c 2 s 20 are each amended to read as follows:
     A member selected by ((or a designee of the fish and wildlife commission)) the department, ex officio, and two appointees of the governor representing the fishing industry shall act as the representatives of this state on the Pacific Marine Fisheries Commission. The appointees of the governor are subject to confirmation by the state senate.

Sec. 2113   RCW 77.75.100 and 1980 c 78 s 62 are each amended to read as follows:
     The ((commission)) department may cooperate with the Idaho fish and game commission in the adoption and enforcement of rules regarding wildlife on that portion of the Snake river forming the boundary between Washington and Idaho.

Sec. 2114   RCW 77.75.140 and 1995 1st sp.s. c 2 s 21 are each amended to read as follows:
     The ((commission)) department may adopt and enforce the provisions of the treaty between the government of the United States and the government of Canada concerning Pacific salmon, treaty document number 99-2, entered into force March 18, 1985, at Quebec City, Canada, and the regulations of the ((commission)) department adopted under authority of the treaty.

Sec. 2115   RCW 77.85.220 and 2003 c 391 s 4 are each amended to read as follows:
     (1) If a limiting factors analysis has been conducted under this chapter for a specific geographic area and that analysis shows insufficient intertidal salmon habitat, the department ((of fish and wildlife)) and the county legislative authorities of the affected counties may jointly initiate a salmon intertidal habitat restoration planning process to develop a plan that addresses the intertidal habitat goals contained in the limiting factors analysis. The ((fish and wildlife commission)) department and the county legislative authorities of the geographic area shall jointly appoint a task force composed of the following members:
     (a) One representative of the ((fish and wildlife commission)) department, appointed by the ((chair of the commission)) director;
     (b) Two representatives of the agricultural industry familiar with agricultural issues in the geographic area, one appointed by an organization active in the geographic area and one appointed by a statewide organization representing the industry;
     (c) Two representatives of environmental interest organizations with familiarity and expertise of salmon habitat, one appointed by an organization in the geographic area and one appointed by a statewide organization representing environmental interests;
     (d) One representative of a diking and drainage district, appointed by the individual districts in the geographic area or by an association of diking and drainage districts;
     (e) One representative of the lead entity for salmon recovery in the geographic area, appointed by the lead entity;
     (f) One representative of each county in the geographic area, appointed by the respective county legislative authorities; and
     (g) One representative from the office of the governor.
     (2) Representatives of the United States environmental protection agency, the United States natural resources conservation service, federal fishery agencies, as appointed by their regional director, and tribes with interests in the geographic area shall be invited and encouraged to participate as members of the task force.
     (3) The task force shall elect a chair and adopt rules for conducting the business of the task force. Staff support for the task force shall be provided by the Washington state conservation commission.
     (4) The task force shall:
     (a) Review and analyze the limiting factors analysis for the geographic area;
     (b) Initiate and oversee intertidal salmon habitat studies for enhancement of the intertidal area as provided in RCW 77.85.230;
     (c) Review and analyze the completed assessments listed in RCW 77.85.230;
     (d) Develop and draft an overall plan that addresses identified intertidal salmon habitat goals that has public support; and
     (e) Identify appropriate demonstration projects and early implementation projects that are of high priority and should commence immediately within the geographic area.
     (5) The task force may request briefings as needed on legal issues that may need to be considered when developing or implementing various plan options.
     (6) Members of the task force shall be reimbursed by the conservation commission for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (7) The task force shall provide annual reports that provide an update on its activities to the ((fish and wildlife commission)) department, to the involved county legislative authorities, and to the lead entity formed under this chapter.

Sec. 2116   RCW 77.95.010 and 1995 1st sp.s. c 2 s 33 are each amended to read as follows:
     Currently, many of the salmon stocks of Washington state are critically reduced from their sustainable level. The best interests of all fishing groups and the citizens as a whole are served by a stable and productive salmon resource. Immediate action is needed to reverse the severe decline of the resource and to insure its very survival. The legislature finds a state of emergency exists and that immediate action is required to restore its fishery.
     Disagreement and strife have dominated the salmon fisheries for many years. Conflicts among the various fishing interests have only served to erode the resource. It is time for the state of Washington to make a major commitment to increasing productivity of the resource and to move forward with an effective rehabilitation and enhancement program. The ((commission)) department is directed to dedicate its efforts ((and the efforts of the department)) to seek resolution to the many conflicts that involve the resource.
     Success of the enhancement program can only occur if projects efficiently produce salmon or restore habitat. The expectation of the program is to optimize the efficient use of funding on projects that will increase artificially and naturally produced salmon, restore and improve habitat, or identify ways to increase the survival of salmon. The full utilization of state resources and cooperative efforts with interested groups are essential to the success of the program.

Sec. 2117   RCW 77.95.020 and 1995 1st sp.s. c 2 s 34 are each amended to read as follows:
     (1) The ((commission)) department shall develop long-term regional policy statements regarding the salmon fishery resources before December 1, 1985. The ((commission)) department shall consider the following in formulating and updating regional policy statements:
     (a) Existing resource needs;
     (b) Potential for creation of new resources;
     (c) Successful existing programs, both within and outside the state;
     (d) Balanced utilization of natural and hatchery production;
     (e) Desires of the fishing interest;
     (f) Need for additional data or research;
     (g) Federal court orders; and
     (h) Salmon advisory council recommendations.
     (2) The ((commission)) department shall review and update each policy statement at least once each year.

Sec. 2118   RCW 77.95.030 and 1995 1st sp.s. c 2 s 35 are each amended to read as follows:
     (1) The ((commission)) department shall develop a detailed salmon enhancement plan with proposed enhancement projects. The plan and the regional policy statements shall be submitted to the secretary of the senate and chief clerk of the house of representatives for legislative distribution by June 30, 1986. The enhancement plan and regional policy statements shall be provided by June 30, 1986, to the natural resources committees of the house of representatives and the senate. The ((commission)) department shall provide a maximum opportunity for the public to participate in the development of the salmon enhancement plan. To ((insure)) ensure full participation by all interested parties, the ((commission)) department shall solicit and consider enhancement project proposals from Indian tribes, sports ((fishermen)) fishers, commercial ((fishermen)) fishers, private aquaculturists, and other interested groups or individuals for potential inclusion in the salmon enhancement plan. Joint or cooperative enhancement projects shall be considered for funding.
     (2) The following criteria shall be used by the ((commission)) department in formulating the project proposals:
     (a) Compatibility with the long-term policy statement;
     (b) Benefit/cost analysis;
     (c) Needs of all fishing interests;
     (d) Compatibility with regional plans, including harvest management plans;
     (e) Likely increase in resource productivity;
     (f) Direct applicability of any research;
     (g) Salmon advisory council recommendations;
     (h) Compatibility with federal court orders;
     (i) Coordination with the salmon and steelhead advisory commission program;
     (j) Economic impact to the state;
     (k) Technical feasibility; and
     (l) Preservation of native salmon runs.
     (3) The ((commission)) department shall not approve projects that serve as replacement funding for projects that exist prior to May 21, 1985, unless no other sources of funds are available.
     (4) The ((commission)) department shall prioritize various projects and establish a recommended implementation time schedule.

Sec. 2119   RCW 77.95.040 and 1995 1st sp.s. c 2 s 36 are each amended to read as follows:
     Upon approval by the legislature of funds for its implementation, the ((commission)) department shall monitor the progress of projects detailed in the salmon enhancement plan.
     The ((commission)) department shall be responsible for establishing criteria which shall be used to measure the success of each project in the salmon enhancement plan.

Sec. 2120   RCW 77.95.060 and 1995 1st sp.s. c 2 s 38 are each amended to read as follows:
     The legislature finds that it is in the best interest of the salmon resource of the state to encourage the development of regional fisheries enhancement groups. The accomplishments of one existing group, the Grays Harbor fisheries enhancement task force, have been widely recognized as being exemplary. The legislature recognizes the potential benefits to the state that would occur if each region of the state had a similar group of dedicated citizens working to enhance the salmon resource.
     The legislature authorizes the formation of regional fisheries enhancement groups. These groups shall be eligible for state financial support and shall be actively supported by the ((commission and the)) department. The regional groups shall be operated on a strictly nonprofit basis, and shall seek to maximize the efforts of volunteer and private donations to improve the salmon resource for all citizens of the state.

Sec. 2121   RCW 77.95.090 and 2009 c 340 s 4 are each amended to read as follows:
     The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer. Only the ((commission or the commission's)) director or director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
     A portion of each recreational fishing license fee shall be used as provided in RCW 77.32.440. A surcharge of one hundred dollars shall be collected on each commercial salmon fishery license, each salmon delivery license, and each salmon charter license sold in the state. All receipts shall be placed in the regional fisheries enhancement group account and shall be used exclusively for regional fisheries enhancement group projects for the purposes of RCW 77.95.110. Except as provided in RCW 77.95.320, funds from the regional fisheries enhancement group account shall not serve as replacement funding for department operated salmon projects that exist on January 1, 1991.
     All revenue from the department's sale of salmon carcasses and eggs that return to group facilities shall be deposited in the regional fisheries enhancement group account for use by the regional fisheries enhancement group that produced the surplus. The ((commission)) department shall adopt rules to implement this section pursuant to chapter 34.05 RCW.

Sec. 2122   RCW 77.95.100 and 2010 1st sp.s. c 7 s 82 are each amended to read as follows:
     The department may provide start-up funds to regional fisheries enhancement groups for costs associated with any enhancement project. The ((commission)) department shall develop guidelines for providing funds to the regional fisheries enhancement groups.

Sec. 2123   RCW 77.95.140 and 1995 1st sp.s. c 2 s 41 are each amended to read as follows:
     The ((commission)) department shall prepare a salmon recovery plan for the Skagit river. The plan shall include strategies for employing displaced timber workers to conduct salmon restoration and other tasks identified in the plan. The plan shall incorporate the best available technology in order to achieve maximum restoration of depressed salmon stocks. The plan must encourage the restoration of natural spawning areas and natural rearing of salmon but must not preclude the development of an active hatchery program.

Sec. 2124   RCW 77.95.200 and 2009 c 333 s 29 are each amended to read as follows:
     (1) The department shall develop and implement a program utilizing remote site incubators in Washington state. The program shall identify sites in tributaries that are suitable for reestablishing self-sustaining, locally adapted populations of coho, chum, or chinook salmon. The initial selection of sites shall be updated annually.
     (2) The department may only approve a remote site incubator project if the department deems it is consistent with the conservation of wild salmon and trout. The department shall only utilize appropriate salmonid eggs in remote site incubators, and may acquire eggs by gift or purchase.
     (3) The department shall depend chiefly upon volunteer efforts to implement the remote site incubator program through volunteer cooperative projects and the regional fisheries enhancement groups. The department may prioritize remote site incubator projects within regional enhancement areas.
     (4) The department may purchase remote site incubators and may use agency employees to construct remote site incubators.
     (5) The department shall investigate the use of the remote site incubator technology for the production of warm water fish.
     (6) Annual reports on the progress of the program shall be provided to the ((fish and wildlife commission)) department.

Sec. 2125   RCW 77.100.060 and 2001 c 337 s 4 are each amended to read as follows:
     The ((commission)) department shall establish by rule:
     (1) The procedure for entering a cooperative agreement and the application forms for a permit to release fish or wildlife ((required by RCW 77.12.457)). The procedure shall indicate the information required from the volunteer group as well as the process of review by the department. The process of review shall include the means to coordinate with other agencies and Indian tribes when appropriate and to coordinate the review of any necessary hydraulic permit approval applications.
     (2) The procedure for providing within forty-five days of receipt of a proposal a written response to the volunteer group indicating the date by which an acceptance or rejection of the proposal can be expected, the reason why the date was selected, and a written summary of the process of review. The response should also include any suggested modifications to the proposal which would increase its likelihood of approval and the date by which such modified proposal could be expected to be accepted. If the proposal is rejected, the department must provide in writing the reasons for rejection. The volunteer group may request the director or the director's designee to review information provided in the response.
     (3) The priority of the uses to which eggs, seed, juveniles, or brood stock are put. Use by cooperative projects shall be second in priority only to the needs of programs of the department or of other public agencies within the territorial boundaries of the state. Sales of eggs, seed, juveniles, or brood stock have a lower priority than use for cooperative projects. The rules must identify and implement appropriate protocols for brood stock handling, including the outplanting of adult fish, spawning, incubation, rearing, and release and establish a prioritized schedule for implementation of chapter 337, Laws of 2001, and shall include directives for allowing more hatchery salmon to spawn naturally in areas where progeny of hatchery fish have spawned, including the outplanting of adult fish, in order to increase the number of viable salmon eggs and restore healthy numbers of fish within the state.
     (4) The procedure for the director to notify a volunteer group that the agreement for the project is being revoked for cause and the procedure for revocation. Revocation shall be documented in writing to the volunteer group. Cause for revocation may include: (a) The unavailability of adequate biological or financial resources; (b) the development of unacceptable biological or resource management conflicts; or (c) a violation of agreement provisions. Notice of cause to revoke for a violation of agreement provisions may specify a reasonable period of time within which the volunteer group must comply with any violated provisions of the agreement.
     (5) An appropriate method of distributing among volunteer groups fish, bird, or animal food or other supplies available for the program.

Sec. 2126   RCW 77.100.080 and 2000 c 107 s 113 are each amended to read as follows:
     (1) The volunteer group shall:
     (a) Provide care and diligence in conducting the cooperative project; and
     (b) Maintain accurately the required records of the project on forms provided by the department.
     (2) The volunteer group shall acknowledge that fish and game reared in cooperative projects are public property and must be handled and released for the benefit of all citizens of the state. The fish and game are to remain public property until reduced to private ownership under rules of the ((commission)) department.

Sec. 2127   RCW 77.115.010 and 2000 c 107 s 122 are each amended to read as follows:
     (1) The director of agriculture and the director shall jointly develop a program of disease inspection and control for aquatic farmers as defined in RCW 15.85.020. The program shall be administered by the department under rules established under this section. The purpose of the program is to protect the aquaculture industry and wildstock fisheries from a loss of productivity due to aquatic diseases or maladies. As used in this section "diseases" means, in addition to its ordinary meaning, infestations of parasites or pests. The disease program may include, but is not limited to, the following elements:
     (a) Disease diagnosis;
     (b) Import and transfer requirements;
     (c) Provision for certification of stocks;
     (d) Classification of diseases by severity;
     (e) Provision for treatment of selected high-risk diseases;
     (f) Provision for containment and eradication of high-risk diseases;
     (g) Provision for destruction of diseased cultured aquatic products;
     (h) Provision for quarantine of diseased cultured aquatic products;
     (i) Provision for coordination with state and federal agencies;
     (j) Provision for development of preventative or control measures;
     (k) Provision for cooperative consultation service to aquatic farmers; and
     (l) Provision for disease history records.
     (2) The ((commission)) department shall adopt rules implementing this section. However, such rules shall have the prior approval of the director of agriculture and shall provide therein that the director of agriculture has provided such approval. The director of agriculture or the director's designee shall attend the rule-making hearings conducted under chapter 34.05 RCW and shall assist in conducting those hearings. The authorities granted the department by these rules and by RCW 77.12.047(1)(g), 77.60.060, 77.60.080, 77.65.210, ((77.115.020,)) 77.115.030, and 77.115.040 constitute the only authorities of the department to regulate private sector cultured aquatic products and aquatic farmers as defined in RCW 15.85.020. Except as provided in subsection (3) of this section, no action may be taken against any person to enforce these rules unless the department has first provided the person an opportunity for a hearing. In such a case, if the hearing is requested, no enforcement action may be taken before the conclusion of that hearing.
     (3) The rules adopted under this section shall specify the emergency enforcement actions that may be taken by the department, and the circumstances under which they may be taken, without first providing the affected party with an opportunity for a hearing. Neither the provisions of this subsection nor the provisions of subsection (2) of this section shall preclude the department from requesting the initiation of criminal proceedings for violations of the disease inspection and control rules.
     (4) A person shall not violate the rules adopted under subsection (2) or (3) of this section or violate RCW 77.115.040.
     (5) In administering the program established under this section, the department shall use the services of a pathologist licensed to practice veterinary medicine.
     (6) The director in administering the program shall not place constraints on or take enforcement actions in respect to the aquaculture industry that are more rigorous than those placed on the department or other fish-rearing entities.

Sec. 2128   RCW 43.300.020 and 1993 sp.s. c 2 s 3 are each amended to read as follows:
     ((As used in this chapter, unless the context indicates other- wise:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of ((fish and wildlife)) conservation and recreation.
     (2) "Director" means the director of ((fish and wildlife)) the department of conservation and recreation.
     (3) "Commission" means the fish and wildlife advisory commission within the department.

Sec. 2129   RCW 9.46.010 and 1996 c 101 s 2 are each amended to read as follows:
     The public policy of the state of Washington on gambling is to keep the criminal element out of gambling and to promote the social welfare of the people by limiting the nature and scope of gambling activities and by strict regulation and control.
     It is hereby declared to be the policy of the legislature, recognizing the close relationship between professional gambling and organized crime, to restrain all persons from seeking profit from professional gambling activities in this state; to restrain all persons from patronizing such professional gambling activities; to safeguard the public against the evils induced by common gamblers and common gambling houses engaged in professional gambling; and at the same time, both to preserve the freedom of the press and to avoid restricting participation by individuals in activities and social pastimes, which activities and social pastimes are more for amusement rather than for profit, do not maliciously affect the public, and do not breach the peace.
     The legislature further declares that the raising of funds for the promotion of bona fide charitable or nonprofit organizations is in the public interest as is participation in such activities and social pastimes as are hereinafter in this chapter authorized.
     The legislature further declares that the conducting of bingo, raffles, and amusement games and the operation of punchboards, pull-tabs, card games and other social pastimes, when conducted pursuant to the provisions of this chapter and any rules and regulations adopted pursuant thereto, are hereby authorized, as are only such lotteries for which no valuable consideration has been paid or agreed to be paid as hereinafter in this chapter provided.
     The legislature further declares that fishing derbies shall not constitute any form of gambling and shall not be considered as a lottery, a raffle, or an amusement game and shall not be subject to the provisions of this chapter or any rules and regulations adopted hereunder.
     The legislature further declares that raffles authorized by the ((fish and wildlife commission)) department of conservation and recreation involving hunting big game animals or wild turkeys shall not be subject to the provisions of this chapter or any rules and regulations adopted hereunder, with the exception of this section and RCW 9.46.400.
     All factors incident to the activities authorized in this chapter shall be closely controlled, and the provisions of this chapter shall be liberally construed to achieve such end.

Sec. 2130   RCW 9.46.400 and 1996 c 101 s 3 are each amended to read as follows:
     Any raffle authorized by the ((fish and wildlife commission)) department of conservation and recreation involving hunting big game animals or wild turkeys shall not be subject to any provisions of this chapter other than RCW 9.46.010 and this section or to any rules or regulations of the gambling commission.

Sec. 2131   RCW 79.105.430 and 2005 c 155 s 106 are each amended to read as follows:
     (1) The abutting residential owner to state-owned shorelands, tidelands, or related beds of navigable waters, other than harbor areas, may install and maintain without charge a dock on the areas if used exclusively for private recreational purposes and the area is not subject to prior rights, including any rights of upland, tideland, or shoreland owners as provided in RCW 79.125.400, 79.125.460, 79.125.410, and 79.130.010. The dock cannot be sold or leased separately from the upland residence. The dock cannot be used to moor boats for commercial or residential use. This permission is subject to applicable local, state, and federal rules and regulations governing location, design, construction, size, and length of the dock. Nothing in this subsection (1) prevents the abutting owner from obtaining a lease if otherwise provided by law.
     (2) The abutting residential owner to state-owned shorelands, tidelands, or related beds of navigable waters, other than harbor areas, may install and maintain a mooring buoy without charge if the boat that is moored to the buoy is used for private recreational purposes, the area is not subject to prior rights, including any rights of upland, tideland, or shoreland owners as provided in RCW 79.125.400, 79.125.460, 79.125.410, and 79.130.010, and the buoy will not obstruct the use of mooring buoys previously authorized by the department.
     (a) The buoy must be located as near to the upland residence as practical, consistent with applicable rules and regulations and the provisions of this section. The buoy must be located, or relocated if necessary, to accommodate the use of lawfully installed and maintained buoys.
     (b) If two or more residential owners, who otherwise qualify for free use under the provisions of this section, are in dispute over assertion of rights to install and maintain a mooring buoy in the same location, they may seek formal settlement through adjudication in superior court for the county in which the buoy site is located. In the adjudication, preference must be given to the residential owner that first installed and continually maintained and used a buoy on that site, if it meets all applicable rules, regulations, and provisions of this section, and then to the owner of the residential property nearest the site. Nothing in this section requires the department to mediate or otherwise resolve disputes between residential owners over the use of the same site for a mooring buoy.
     (c) The buoy cannot be sold or leased separately from the abutting residential property. The buoy cannot be used to moor boats for commercial or residential use, nor to moor boats over sixty feet in length.
     (d) If the department determines that it is necessary for secure moorage, the abutting residential owner may install and maintain a second mooring buoy, under the same provisions as the first, the use of which is limited to a second mooring line to the boat moored at the first buoy.
     (e) The permission granted in this subsection (2) is subject to applicable local, state, and federal rules and regulations governing location, design, installation, maintenance, and operation of the mooring buoy, anchoring system, and moored boat. Nothing in this subsection (2) prevents a boat owner from obtaining a lease if otherwise provided by law. This subsection (2) also applies to areas that have been designated by the commissioner or the ((fish and wildlife commission)) department of conservation and recreation as aquatic reserves.
     (3) This permission to install and maintain a recreational dock or mooring buoy may be revoked by the department, or the department may direct the owner of a recreational dock or mooring buoy to relocate their dock or buoy, if the department makes a finding of public necessity to protect waterward access, ingress rights of other landowners, public health or safety, or public resources. Circumstances prompting a finding of public necessity may include, but are not limited to, the dock, buoy, anchoring system, or boat posing a hazard or obstruction to navigation or fishing, contributing to degradation of aquatic habitat, or contributing to decertification of shellfish beds otherwise suitable for commercial or recreational harvest. The revocation may be appealed as provided for under RCW 79.105.160.
     (4) Nothing in this section authorizes a boat owner to abandon a vessel at a recreational dock, mooring buoy, or elsewhere.

Sec. 2132   RCW 79.135.320 and 2005 c 155 s 712 are each amended to read as follows:
     (1) In the event that the ((fish and wildlife commission)) department of conservation and recreation approves the vacation of the whole or any part of a reserve, the department may vacate and offer for lease the parts or all of the reserve as it deems to be for the best interest of the state, and all moneys received for the lease of the lands shall be paid to the department.
     (2) Notwithstanding RCW 77.60.020, subsection (1) of this section, or any other provision of state law, the state oyster reserves in Eld Inlet, Hammersley Inlet, or Totten Inlet, situated in Mason or Thurston counties shall permanently be designated as state oyster reserve lands.

Sec. 2133   RCW 79A.05.793 and 2000 c 11 s 64 are each amended to read as follows:
     Nothing in RCW 79A.05.750 through 79A.05.795 shall be construed to interfere with the powers, duties, and authority of the ((state department of fish and wildlife or the state fish and wildlife commission)) department of conservation and recreation to regulate, manage, conserve, and provide for the harvest of wildlife within such area((: PROVIDED, HOWEVER, That)). However, no hunting shall be permitted in any state park.

NEW SECTION.  Sec. 2134   (1) The powers, duties, and functions of the department of fish and wildlife are hereby transferred to the department of conservation and recreation. All references to the department of fish and wildlife in the Revised Code of Washington shall be construed to mean the director or the department of conservation and recreation.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of fish and wildlife shall be delivered to the custody of the department of conservation and recreation. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of fish and wildlife shall be made available to the department of conservation and recreation. All funds, credits, or other assets held by the department of fish and wildlife shall be assigned to the department of conservation and recreation.
     (b) Any appropriations made to the department of fish and wildlife shall, on the effective date of this section, be transferred and credited to the department of conservation and recreation.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All rules and all pending business before the department of fish and wildlife shall be continued and acted upon by the department of conservation and recreation. All existing contracts and obligations shall remain in full force and shall be performed by the department of conservation and recreation.
     (4) The transfer of the powers, duties, functions, and personnel of the department of fish and wildlife shall not affect the validity of any act performed before the effective date of this section.
     (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (6) All employees of the department of fish and wildlife engaged in performing the powers, functions, and duties transferred to the department of conservation and recreation, are transferred to the department of conservation and recreation. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of conservation and recreation to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.

NEW SECTION.  Sec. 2135   (1) The powers, duties, and functions of the law enforcement and heritage program at the department of natural resources are hereby transferred to the department of conservation and recreation.
     (2) All employees of the department of natural resources engaged in performing the powers, functions, and duties transferred to the department of conservation and recreation, are transferred to the department of conservation and recreation. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of conservation and recreation to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.

NEW SECTION.  Sec. 2136   The following acts or parts of acts are each repealed:
     (1) RCW 77.04.013 (Findings and intent) and 1995 1st sp.s. c 2 s 1;
     (2) RCW 77.04.020 (Composition of department -- Powers and duties) and 2000 c 107 s 202, 1996 c 267 s 32, 1993 sp.s. c 2 s 59, 1987 c 506 s 4, 1980 c 78 s 3, & 1955 c 36 s 77.04.020;
     (3) RCW 77.04.080 (Director -- Qualifications -- Duties -- Salary) and 2000 c 107 s 205, 1995 1st sp.s. c 2 s 5, 1993 sp.s. c 2 s 64, 1987 c 506 s 9, 1980 c 78 s 8, & 1955 c 36 s 77.04.080;
     (4) RCW 77.04.090 (Rule-making authority -- Certified copy as evidence) and 1996 c 267 s 35, 1995 c 403 s 111, 1984 c 240 s 1, 1980 c 78 s 16, & 1955 c 36 s 77.12.050;
     (5) RCW 77.04.140 (Unofficial printings of laws or rules -- Approval required) and 1995 1st sp.s. c 2 s 13, 1983 1st ex.s. c 46 s 17, & 1955 c 12 s 75.08.110;
     (6) RCW 77.15.005 (Finding -- Intent) and 1998 c 190 s 1;
     (7) RCW 43.300.010 (Department created -- Transfer of powers, duties, and functions) and 1993 sp.s. c 2 s 2;
     (8) RCW 43.300.040 (Director's duties) and 1996 c 267 s 33 & 1993 sp.s. c 2 s 5; and
     (9) RCW 43.300.050 (Exempt positions) and 1993 sp.s. c 2 s 6.

NEW SECTION.  Sec. 2137   Section 2091 of this act expires July 30, 2014.

NEW SECTION.  Sec. 2138   The consolidation directed pursuant to sections 2001 through 2137 of this act takes effect July 1, 2012.

Sec. 3001   RCW 79A.05.010 and 1999 c 249 s 101 are each amended to read as follows:
     The definitions in this section apply throughout this title unless the context clearly requires otherwise.
     (1) "Commission" means the ((state)) parks and recreation advisory commission.
     (2) "Chair" means the member of the commission elected pursuant to RCW 79A.05.025.
     (3) "Director" and "director of ((the state parks and recreation commission)) conservation and recreation" mean the director of ((parks)) the department of conservation and recreation or the director's designee.
     (4) "Recreation" means those activities of a voluntary and leisure time nature that aid in promoting entertainment, pleasure, play, relaxation, or instruction.
     (5) "Natural forest" means a forest that faithfully represents, or is meant to become representative of, its unaltered state.
     (6) "Department" means the department of conservation and recreation.

Sec. 3002   RCW 79A.05.015 and 1999 c 249 s 201 are each amended to read as follows:
     ((There is hereby created a "state parks and recreation commission" consisting)) The parks and recreation advisory commission is created within the department of conservation and recreation. The commission consists of seven citizens of the state. The members of the commission shall be appointed by the governor ((by and with the advice and consent of the senate)) and shall serve for a term of six years, expiring on December 31st of even-numbered years, and until their successors are appointed. In case of a vacancy, the governor shall fill the vacancy for the unexpired term of the commissioner whose office has become vacant.
     In making the appointments to the commission, the governor shall choose citizens who understand park and recreation needs and interests. No person shall serve if he or she holds any elective or full-time appointive state, county, or municipal office. Members of the commission ((shall be compensated in accordance with RCW 43.03.240 and in addition)) shall be allowed their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060.
     ((Payment of expenses pertaining to the operation of the commission shall be made upon vouchers certified to by such persons as shall be designated by the commission.))

NEW SECTION.  Sec. 3003   A new section is added to chapter 79A.05 RCW to read as follows:
     The commission shall provide guidance to the director regarding policies associated with acquiring, operating, enhancing, and protecting a diverse system of recreational, cultural, historical, and natural sites and state parks.
     The commission has the following responsibilities and duties:
     (1) To provide a forum for public involvement to guide decision making related to outdoor recreation and parks management and the adoption of policies and regulations that promote the outdoor recreation, cultural, historical, and natural resources protection, education, funding, and wise management of our state parks system.
     (2) To provide guidance to the department in developing long-range strategies for funding and managing the state parks system and winter recreation and boating programs.
     (3) To assist the department in developing communication strategies, budgets, and revenue proposals.
     (4) To solicit public input regarding the acquisition, transfer, sales, or leasing of state park lands.
     (5) To advise the director on current trends and public opinions regarding outdoor recreation and parks management.

Sec. 3004   RCW 79A.05.020 and 1999 c 249 s 301 are each amended to read as follows:
     In addition to whatever other duties may exist in law or be imposed in the future, it is the duty of the ((commission)) department to:
     (1) Implement integrated pest management practices and regulate pests as required by RCW 17.15.020;
     (2) Take steps necessary to control spartina and purple loosestrife as required by RCW 17.26.020;
     (3) Participate in the implementation of chapter 19.02 RCW;
     (4) ((Coordinate planning and provide staffing and administrative assistance to the Lewis and Clark trail committee as required by RCW 27.34.340;
     (5))) Administer those portions of chapter 46.10 RCW not dealing with registration and licensing of snowmobiles as required by RCW ((46.10.210)) 46.10.370;
     (((6))) (5) Consult and participate in the scenic and recreational highway system as required by chapter 47.39 RCW; and
     (((7))) (6) Develop, prepare, and distribute information relating to marine oil recycling tanks and sewage holding tank pumping stations, in cooperation with other departments, as required by chapter 88.02 RCW.
     ((The commission has the power reasonably necessary to carry out these duties.))

Sec. 3005   RCW 79A.05.025 and 1999 c 249 s 202 are each amended to read as follows:
     The commission shall elect one of its members as chair. The commission may be convened at such times as the chair deems necessary((, and a)). A majority of the members shall constitute a quorum for the transaction of business.

Sec. 3006   RCW 79A.05.030 and 2005 c 373 s 1 and 2005 c 360 s 5 are each reenacted and amended to read as follows:
     The ((commission)) department shall:
     (1) Have the care, charge, control, and supervision of all parks and parkways acquired or set aside by the state for park or parkway purposes.
     (2) Adopt policies, and adopt, issue, and enforce rules pertaining to the use, care, and administration of state parks and parkways. The ((commission)) department shall cause a copy of the rules to be kept posted in a conspicuous place in every state park to which they are applicable, but failure to post or keep any rule posted shall be no defense to any prosecution for the violation thereof.
     (3) Permit the use of state parks and parkways by the public under such rules as shall be adopted.
     (4) Clear, drain, grade, seed, and otherwise improve or beautify parks and parkways, and erect structures, buildings, fireplaces, and comfort stations and build and maintain paths, trails, and roadways through or on parks and parkways.
     (5) Grant concessions or leases in state parks and parkways, upon such rentals, fees, or percentage of income or profits and for such terms, in no event longer than fifty years, and upon such conditions as shall be approved by the ((commission)) department: PROVIDED, ((That leases exceeding a twenty-year term shall require a unanimous vote of the commission: PROVIDED FURTHER, That if, during the term of any concession or lease, it is the opinion of the commission that it would be in the best interest of the state, the commission may, with the consent of the concessionaire or lessee, alter and amend the terms and conditions of such concession or lease: PROVIDED FURTHER,)) That television station leases shall be subject to the provisions of RCW 79A.05.085, only: PROVIDED FURTHER, That the rates of such concessions or leases shall be renegotiated at five-year intervals. No concession shall be granted which will prevent the public from having free access to the scenic attractions of any park or parkway.
     (6) ((Employ such)) Authorize voluntary assistance as it deems necessary. ((Commission)) Department expenses relating to its use of volunteer assistance shall be limited to premiums or assessments for the insurance of volunteers by the department of labor and industries, compensation of staff who assist volunteers, materials and equipment used in authorized volunteer projects, training, reimbursement of volunteer travel as provided in RCW 43.03.050 and 43.03.060, and other reasonable expenses relating to volunteer recognition. The ((commission)) department, at its discretion, may waive ((commission)) department fees otherwise applicable to volunteers. The ((commission)) department shall not use volunteers to replace or supplant classified positions. The use of volunteers may not lead to the elimination of any employees or permanent positions in the bargaining unit.
     (7) ((By majority vote of its authorized membership)) Select and purchase or obtain options upon, lease, or otherwise acquire for and in the name of the state such tracts of land, including shore and tide lands, for park and parkway purposes as it deems proper. If the ((commission)) department cannot acquire any tract at a price it deems reasonable, it may((, by majority vote of its authorized membership,)) obtain title thereto, or any part thereof, by condemnation proceedings conducted by the attorney general as provided for the condemnation of rights-of-way for state highways. Option agreements executed under authority of this subsection shall be valid only if:
     (a) The cost of the option agreement does not exceed one dollar; and
     (b) Moneys used for the purchase of the option agreement are from (i) funds appropriated therefor, or (ii) funds appropriated for undesignated land acquisitions, or (iii) funds deemed by the ((commission)) department to be in excess of the amount necessary for the purposes for which they were appropriated; and
     (c) The maximum amount payable for the property upon exercise of the option does not exceed the appraised value of the property.
     (8) Cooperate with the United States, or any county or city of this state, in any matter pertaining to the acquisition, development, redevelopment, renovation, care, control, or supervision of any park or parkway, and enter into contracts in writing to that end. All parks or parkways, to which the state contributed or in whose care, control, or supervision the state participated pursuant to the provisions of this section, shall be governed by the provisions hereof.
     (9) Within allowable resources, maintain policies that increase the number of people who have access to free or low-cost recreational opportunities for physical activity, including noncompetitive physical activity.
     (10) Adopt rules establishing the requirements for a criminal history record information search for the following: Job applicants, volunteers, and independent contractors who have unsupervised access to children or vulnerable adults, or who will be responsible for collecting or disbursing cash or processing credit/debit card transactions. These background checks will be done through the Washington state patrol criminal identification section and may include a national check from the federal bureau of investigation, which shall be through the submission of fingerprints. A permanent employee of the ((commission)) department, employed as of July 24, 2005, is exempt from the provisions of this subsection.

Sec. 3007   RCW 79A.05.035 and 1999 c 249 s 303 are each amended to read as follows:
     (1) The ((commission)) department shall:
     (a) Manage timber and land under its jurisdiction to maintain and enhance aesthetic and recreational values;
     (b) Apply modern conservation practices to maintain and enhance aesthetic, recreational, and ecological resources; and
     (c) Designate and preserve certain forest areas throughout the state as natural forests or natural areas for interpretation, study, and preservation purposes.
     (2) Trees may be removed from state parks:
     (a) When hazardous to persons, property, or facilities;
     (b) As part of a park maintenance or development project, or conservation practice;
     (c) As part of a road or utility easement; or
     (d) When damaged by a catastrophic forest event.
     (3) Tree removal under subsection (2) of this section shall be done by ((commission)) department personnel, unless the personnel lack necessary expertise. Except in emergencies and when feasible, significant trees shall be removed only after they have been marked or appraised by a professional forester. The removal of significant trees from a natural forest may take place only after a public hearing has been held, except in emergencies.
     (4) When feasible, felled timber shall be left on the ground for natural purposes or used for park purposes including, but not limited to, building projects, trail mulching, and firewood. In natural forest areas, first consideration shall be given to leaving timber on the ground for natural purposes.
     (5) The ((commission)) department may issue permits to individuals under RCW 4.24.210 and 79A.05.090 for the removal of wood debris from state parks for personal firewood use.
     (6) Only timber that qualifies for cutting or removal under subsection (2) of this section may be sold. Timber shall be sold only when surplus to the needs of the park.
     (7) Net revenue derived from timber sales shall be deposited in the state parks renewal and stewardship account created in RCW 79A.05.215.

Sec. 3008   RCW 79A.05.040 and 1999 c 249 s 401 are each amended to read as follows:
     ((In addition to other duties the commission may from time to time impose,)) It is the duty of the director or the director's designee to:
     (1) Ensure the control of weeds in parks to the extent required by RCW 17.04.160 and 17.10.205; and
     (2) Participate in the operations of the environmental enhancement and job creation task force under chapter 43.21J RCW.
     The director or the director's designee has the power reasonably necessary to carry out these duties.

Sec. 3009   RCW 79A.05.045 and 1999 c 249 s 304 are each amended to read as follows:
     (1) The ((commission)) department shall provide waste reduction and recycling information in each state park campground and day-use area.
     (2) The ((commission)) department shall provide recycling receptacles in the day-use and campground areas of at least forty state parks. The receptacles shall be clearly marked for the disposal of at least two of the following recyclable materials: Aluminum, glass, newspaper, plastic, and tin. The ((commission)) department shall endeavor to provide recycling receptacles in parks that are near urban centers or in heavily used parks.
     (3) The ((commission)) department shall provide daily maintenance of such receptacles from April through September of each year.
     (4) The ((commission)) department is authorized to enter into agreements with any person, company, or nonprofit organization to provide for the collection and transport of recyclable materials and related activities under this section.

Sec. 3010   RCW 79A.05.050 and 2002 c 175 s 52 are each amended to read as follows:
     (1) The ((commission)) department shall establish a policy and procedures for supervising and evaluating community restitution activities that may be imposed under RCW 70.93.060(3) including a description of what constitutes satisfactory completion of community restitution.
     (2) The ((commission)) department shall inform each state park of the policy and procedures regarding community restitution activities, and each state park shall then notify the ((commission)) department as to whether or not the park elects to participate in the community restitution program. The ((commission)) department shall transmit a list notifying the district courts of each state park that elects to participate.

Sec. 3011   RCW 79A.05.055 and 1997 c 137 s 1 are each amended to read as follows:
     The ((commission)) department may:
     (1) Study and appraise parks and recreational needs of the state and assemble and disseminate information relative to parks and recreation;
     (2) Make provisions for the publication and sale of interpretive, recreational, and historical materials and literature. Proceeds from such sales shall be directed to the parks improvement account; and
     (3) Coordinate the parks and recreational functions of the various state departments, and cooperate with state and federal agencies in the promotion of parks and recreational opportunities.

Sec. 3012   RCW 79A.05.059 and 2010 c 161 s 1162 are each amended to read as follows:
     The state parks education and enhancement account is created in the custody of the state treasurer. All receipts from the sale of Washington state department of conservation and recreation, division of parks and recreation ((commission)) special license plates, after the deductions permitted by RCW 46.68.425, must be deposited into the account. Expenditures from the account may only be used to provide public educational opportunities and enhancement of Washington state parks. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 3013   RCW 79A.05.060 and 1999 c 249 s 402 are each amended to read as follows:
     (1) The parks improvement account is hereby established in the state treasury.
     (2) The ((commission)) department shall deposit all moneys received from the sale of interpretive, recreational, and historical literature and materials in this account. Moneys in the account may be spent only for development, production, and distribution costs associated with literature and materials.
     (3) Disbursements from the account shall be on the authority of the director, or the director's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW. No appropriation is required for disbursement of moneys to be used for support of further production of materials provided for in RCW 79A.05.055(2). The director may transfer a portion of the moneys in this account to the state parks renewal and stewardship account and may expend moneys so transferred for any purpose provided for in RCW 79A.05.215.

Sec. 3014   RCW 79A.05.065 and 2010 c 161 s 1163 are each amended to read as follows:
     (1)(a) The ((commission)) department shall grant to any person who meets the eligibility requirements specified in this section a senior citizen's pass which shall: (i) Entitle such a person, and members of his or her camping unit, to a fifty percent reduction in the campsite rental fee prescribed by the ((commission)) department; and (ii) entitle such a person to free admission to any state park.
     (b) The ((commission)) department shall grant a senior citizen's pass to any person who applies for the senior citizen's pass and who meets the following requirements:
     (i) The person is at least sixty-two years of age;
     (ii) The person is a domiciliary of the state of Washington and meets reasonable residency requirements prescribed by the ((commission)) department; and
     (iii) The person and his or her spouse have a combined income that would qualify the person for a property tax exemption pursuant to RCW 84.36.381. The financial eligibility requirements of this subsection (1)(b)(iii) apply regardless of whether the applicant for a senior citizen's pass owns taxable property or has obtained or applied for such property tax exemption.
     (c) Each senior citizen's pass granted pursuant to this section is valid as long as the senior citizen meets the requirements of (b)(ii) of this subsection. A senior citizen meeting the eligibility requirements of this section may make a voluntary donation for the upkeep and maintenance of state parks.
     (d) A holder of a senior citizen's pass shall surrender the pass upon request of a ((commission)) department employee when the employee has reason to believe the holder fails to meet the criteria in (b) of this subsection. The holder shall have the pass returned upon providing proof to the satisfaction of the director that the holder meets the eligibility criteria for obtaining the senior citizen's pass.
     (2)(a) Any resident of Washington who is disabled as defined by the social security administration and who receives social security benefits for that disability, or any other benefits for that disability from any other governmental or nongovernmental source, or who is entitled to benefits for permanent disability under RCW 71A.10.020(3) due to unemployability full time at the minimum wage, or who is legally blind or profoundly deaf, or who has been issued a card, decal, or special license plate for a permanent disability under RCW ((46.16.381)) 46.19.010 shall be entitled to receive, regardless of age and upon making application therefor, a disability pass at no cost to the holder. The pass shall: (i) Entitle such a person, and members of his or her camping unit, to a fifty percent reduction in the campsite rental fee prescribed by the ((commission)) department; and (ii) entitle such a person to free admission to any state park.
     (b) A card, decal, or special license plate issued for a permanent disability under RCW 46.19.010 may serve as a pass for the holder to entitle that person and members of the person's camping unit to a fifty percent reduction in the campsite rental fee prescribed by the ((commission)) department, and to allow the holder free admission to state parks.
     (3) Any resident of Washington who is a veteran and has a service-connected disability of at least thirty percent shall be entitled to receive a lifetime veteran's disability pass at no cost to the holder. The pass shall: (a) Entitle such a person, and members of his or her camping unit, to free use of any campsite within any state park; (b) entitle such a person to free admission to any state park; and (c) entitle such a person to an exemption from any reservation fees.
     (4)(a) Any Washington state resident who provides out-of-home care to a child, as either a licensed foster-family home or a person related to the child, is entitled to a foster home pass.
     (b) An applicant for a foster home pass must request a pass in the manner required by the ((commission)) department. Upon receipt of a properly submitted request, the ((commission)) department shall verify with the department of social and health services that the applicant qualifies under (a) of this subsection. Once issued, a foster home pass is valid for the period, which may not be less than one year, designated by the ((commission)) department.
     (c) When accompanied by a child receiving out-of-home care from the pass holder, a foster home pass: (i) Entitles such a person, and members of his or her camping unit, to free use of any campsite within any state park; and (ii) entitles such a person to free admission to any state park.
     (d) For the purposes of this subsection (4):
     (i) "Out-of-home care" means placement in a foster-family home or with a person related to the child under the authority of chapter 13.32A, 13.34, or 74.13 RCW;
     (ii) "Foster-family home" has the same meaning as defined in RCW 74.15.020; and
     (iii) "Person related to the child" means those persons referred to in RCW 74.15.020(2)(a) (i) through (vi).
     (5) All passes issued pursuant to this section are valid at all parks any time during the year. However, the pass is not valid for admission to concessionaire operated facilities.
     (6) The ((commission)) department shall negotiate payment and costs, to allow holders of a foster home pass free access and usage of park campsites, with the following nonoperated, nonstate-owned parks: Central Ferry, Chief Timothy, Crow Butte, and Lyons Ferry. The ((commission)) department shall seek state general fund reimbursement on a biennial basis.
     (7) The ((commission)) department may deny or revoke any Washington state park pass issued under this section for cause, including but not limited to the following:
     (a) Residency outside the state of Washington;
     (b) Violation of laws or state park rules resulting in eviction from a state park;
     (c) Intimidating, obstructing, or assaulting a park employee or park volunteer who is engaged in the performance of official duties;
     (d) Fraudulent use of a pass;
     (e) Providing false information or documentation in the application for a state parks pass;
     (f) Refusing to display or show the pass to park employees when requested; or
     (g) Failing to provide current eligibility information upon request by the agency or when eligibility ceases or changes.
     (8) This section shall not affect or otherwise impair the power of the ((commission)) department to continue or discontinue any other programs it has adopted for senior citizens.
     (9) The ((commission)) department may engage in a mutually agreed upon reciprocal or discounted program for all or specific pass programs with other outdoor recreation agencies.
     (10) The ((commission)) department shall adopt those rules as it finds appropriate for the administration of this section. Among other things, the rules shall prescribe a definition of "camping unit" which will authorize a reasonable number of persons traveling with the person having a pass to stay at the campsite rented by such a person, a minimum Washington residency requirement for applicants for a senior citizen's pass, and an application form to be completed by applicants for a senior citizen's pass.

Sec. 3015   RCW 79A.05.070 and 2006 c 141 s 1 are each amended to read as follows:
     The ((commission)) department may:
     (1) Make rules and regulations for the proper administration of its duties;
     (2) Accept any grants of funds made with or without a matching requirement by the United States, or any agency thereof, for purposes in keeping with the purposes of this chapter; accept gifts, bequests, devises and endowments for purposes in keeping with such purposes; enter into cooperative agreements with and provide for private nonprofit groups to use state park property and facilities to raise money to contribute gifts, grants, and support to the ((commission)) department for the purposes of this chapter. The ((commission)) department may assist the nonprofit group in a cooperative effort by providing necessary agency personnel and services, if available. However, none of the moneys raised may inure to the benefit of the nonprofit group, except in furtherance of its purposes to benefit the ((commission)) department as provided in this chapter. The agency and the private nonprofit group shall agree on the nature of any project to be supported by such gift or grant prior to the use of any agency property or facilities for raising money. Any such gifts may be in the form of recreational facilities developed or built in part or in whole for public use on agency property, provided that the facility is consistent with the purposes of the agency;
     (3) Require certification by the ((commission)) department of all ((parks and recreation)) division workers employed in state aided or state controlled programs;
     (4) Act jointly, when advisable, with the United States, any other state agencies, institutions, departments, boards, or commissions in order to carry out the objectives and responsibilities of this chapter;
     (5) Grant franchises and easements for any legitimate purpose on parks or parkways, for such terms and subject to such conditions and considerations as the ((commission)) department shall specify;
     (6) Charge such fees for services, utilities, and use of facilities as the ((commission)) department shall deem proper. The ((commission)) department may not charge fees for general park access or parking;
     (7) Enter into agreements whereby individuals or companies may rent undeveloped parks or parkway land for grazing, agricultural, or mineral development purposes ((upon such terms and conditions as the commission shall deem proper)), for a term not to exceed forty years; and
     (8) ((Determine the qualifications of and employ a director of parks and recreation who shall receive a salary as fixed by the governor in accordance with the provisions of RCW 43.03.040 and determine the qualifications and salary of and employ such other persons as may be needed to carry out the provisions hereof; and
     (9))) Without being limited to the powers ((hereinbefore)) enumerated, the ((commission)) department shall have such other powers as in the judgment of a majority of its members are deemed necessary to effectuate the purposes of this chapter: PROVIDED, That the ((commission)) department shall not have power to supervise directly any local park or recreation district, and no funds shall be made available for such purpose.

Sec. 3016   RCW 79A.05.080 and 1965 c 8 s 43.51.062 are each amended to read as follows:
     The ((state parks and recreation commission)) department is hereby authorized to lease the use of such areas in Mount Spokane state park, Steptoe Butte state park, Kamiak Butte state park or any other state park for television stations as the ((commission)) department may decide are suitable for that purpose: PROVIDED, That this authority shall not extend to school lands or lands held by the state of Washington for educational purposes.

Sec. 3017   RCW 79A.05.085 and 1974 ex.s. c 151 s 1 are each amended to read as follows:
     The ((commission)) department shall determine the fair market value for television station leases based upon independent appraisals and existing leases for television stations shall be extended at said fair market rental for at least one period of not more than twenty years: PROVIDED, That the rates in said leases shall be renegotiated at five year intervals: PROVIDED FURTHER, That said stations shall permit the attachment of antennae of publicly operated broadcast and microwave stations where electronically practical to combine the towers: PROVIDED FURTHER, That notwithstanding any term to the contrary in any lease, this section shall not preclude the ((commission)) department from prescribing new and reasonable lease terms relating to the modification, placement or design of facilities operated by or for a station, and any extension of a lease granted under this section shall be subject to this proviso((: PROVIDED FURTHER, That notwithstanding any other provision of law the director in his discretion may waive any requirement that any environmental impact statement or environmental assessment be submitted as to any lease negotiated and signed between January 1, 1974 and December 31, 1974)).

Sec. 3018   RCW 79A.05.090 and 1983 c 193 s 1 are each amended to read as follows:
     Persons over the age of sixty-five are exempt from any permit or other administrative fee imposed by the ((commission)) department for the collection of wood debris in state parks, if such wood is for personal use.

Sec. 3019   RCW 79A.05.095 and 1999 c 249 s 901 are each amended to read as follows:
     The ((commission)) director may receive and accept donations of lands for state park purposes, and shall be responsible for the management and control of all lands so acquired. ((It)) The director may from time to time recommend to the legislature the acquisition of lands for park purposes by purchase or condemnation.

Sec. 3020   RCW 79A.05.100 and 1997 c 137 s 3 are each amended to read as follows:
     The ((commission)) director may receive in trust any money donated or bequeathed to it, and carry out the terms of such donation or bequest, or, in the absence of such terms, expend the same as it may deem advisable for park or parkway purposes.
     Money so received shall be deposited in the state parks renewal and stewardship account.

Sec. 3021   RCW 79A.05.105 and 1965 c 8 s 43.51.100 are each amended to read as follows:
     Inasmuch as the value of land with standing timber is increasing and will continue to increase from year to year and no loss will be caused to the common school fund or other fund into which the proceeds of the sale of any land held by the state would be paid by postponing the sale thereof, the commissioner of public lands may, upon his or her own motion, and shall, when directed so to do by the ((state parks and recreation commission)) department, withdraw from sale any land held by the state abutting on any public highway and certify to the ((commission)) director that such land is withheld from sale pursuant to the terms of this section.
     Such lands shall not be sold until directed by the legislature, and shall in the meantime be under the care, charge, control, and supervision of the ((commission)) department.

Sec. 3022   RCW 79A.05.110 and 1999 c 249 s 902 are each amended to read as follows:
     The commissioner of public lands may, upon his or her own motion, and shall, when directed so to do by the ((commission)) director, withdraw from sale any land held by the state and not acquired directly from the United States with reservations as to the manner of sale thereof and the purposes for which it may be sold, and certify to the ((commission)) department that such land is withheld from sale pursuant to the terms of this section.
     All such land shall be under the care, charge, control, and supervision of the ((commission)) department, and after appraisal in such manner as the ((commission)) department directs may be exchanged for land of equal value, and to this end the ((chair and secretary of the commission)) director may execute deeds of conveyance in the name of the state.

Sec. 3023   RCW 79A.05.115 and 2009 c 338 s 1 are each amended to read as follows:
     (1) The ((commission)) department shall develop and maintain a cross-state trail facility with appropriate appurtenances.
     (2) This section expires July 1, 2019, unless the department of transportation enters into a franchise agreement for a rail line over any of the portions of the Milwaukee Road corridor between Ellensburg and Marengo by July 1, 2019.

Sec. 3024   RCW 79A.05.120 and 2009 c 338 s 2 are each amended to read as follows:
     (1) To facilitate completion of a cross-state trail under the management of the ((parks and recreation commission)) department, management and control of lands known as the Milwaukee Road corridor shall be transferred between state agencies as follows on the date a franchise agreement is entered into for a rail line over portions of the Milwaukee Road corridor:
     (a) Portions owned by the state between Ellensburg and the Columbia river that are managed by the ((parks and recreation commission)) department are transferred to the department of transportation;
     (b) Portions owned by the state between the west side of the Columbia river and Royal City Junction and between Warden and Lind that are managed by the department of natural resources are transferred to the department of transportation;
     (c) Portions owned by the state between Lind and the Idaho border that are managed by the department of natural resources are transferred to the ((parks and recreation commission)) department as of June 7, 2006; and
     (d) Portions owned by the state between Lind and Marengo are transferred to the department of transportation.
     (2) The department of natural resources may, by mutual agreement with the ((parks and recreation commission)) department, transfer management authority over portions of the Milwaukee Road corridor to the ((state parks and recreation commission)) department, at any time prior to the department of transportation entering into a franchise agreement.
     (3) This section expires July 1, 2019, and no transfers shall occur unless the department of transportation enters into a franchise agreement for a rail line over any of the portions of the Milwaukee Road corridor between Ellensburg and Marengo by July 1, 2019.

Sec. 3025   RCW 79A.05.125 and 2009 c 338 s 3 are each amended to read as follows:
     (1) The department of transportation shall negotiate one or more franchises with rail carriers to establish and maintain a rail line over portions of the Milwaukee Road corridor owned by the state between Ellensburg and Marengo. The department of transportation may negotiate such a franchise with any qualified rail carrier. Criteria for negotiating the franchise and establishing the right-of-way include:
     (a) Assurances that resources from the franchise will be sufficient to compensate the state for use of the property, including completion of a cross-state trail between Easton and the Idaho border;
     (b) Types of payment for use of the franchise, including payment for the use of federally granted trust lands in the transportation corridor;
     (c) Standards for maintenance of the line;
     (d) Provisions ensuring that both the conventional and intermodal rail service needs of local shippers are met. Such accommodations may comprise agreements with the franchisee to offer or maintain adequate service or to provide service by other carriers at commercially reasonable rates;
     (e) Provisions requiring the franchisee, upon reasonable request of any other rail operator, to provide rail service and interchange freight over what is commonly known as the Stampede Pass rail line from Cle Elum to Auburn at commercially reasonable rates;
     (f) If any part of the franchise agreement is invalidated by actions or rulings of the federal surface transportation board or a court of competent jurisdiction, the remaining portions of the franchise agreement are not affected;
     (g) Compliance with environmental standards; and
     (h) Provisions for insurance and the coverage of liability.
     (2) The franchise may provide for periodic review of financial arrangements under the franchise.
     (3) The department of transportation, in consultation with the ((parks and recreation commission)) department and the senate and house transportation committees, shall negotiate the terms of the franchise, and shall present the agreement to the ((parks and recreation commission)) department for approval of as to terms and provisions affecting the cross-state trail or affecting the ((commission)) department.
     (4) This section expires July 1, 2019, unless the department of transportation enters into a franchise agreement for a rail line over any of the portions of the Milwaukee Road corridor between Ellensburg and Marengo by July 1, 2019.

Sec. 3026   RCW 79A.05.130 and 2009 c 338 s 4 are each amended to read as follows:
     (1) The cross-state trail account is created in the custody of the state treasurer. Eleven million five hundred thousand dollars is provided to the ((state parks and recreation commission)) department to acquire, construct, and maintain a cross-state trail. This amount may consist of: (a) Legislative appropriations intended for trail development; (b) payments for the purchase of federally granted trust lands; and (c) franchise fees derived from use of the rail corridor. The legislature intends that any amounts provided from the transportation fund are to be repaid to the transportation fund from franchise fees.
     (2) The department of transportation shall deposit franchise fees from use of the rail corridor according to the following priority: (a) To the department of transportation for actual costs incurred in administering the franchise; (b) to the department of natural resources as compensation for use of federally granted trust lands in the rail corridor; (c) to the transportation fund to reimburse any amounts transferred or appropriated from that fund by the legislature for trail development; (d) to the cross-state trail account, not to exceed eleven million five hundred thousand dollars, provided that this amount shall be reduced proportionate with any funds transferred or appropriated by the 1996 legislature or paid from franchise fees for the purchase of federally granted trust lands or for trail development; and (e) the remainder to the essential rail assistance account, created under RCW 47.76.250. Expenditures from the cross-state trail account may be used only for the acquisition, development, operation, and maintenance of the cross-state trail. Only the director of the ((state parks and recreation commission)) department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
     (3) The ((commission)) department may acquire land from willing sellers for the cross-state trail, but not by eminent domain.
     (4) The ((commission)) department shall adopt rules describing the cross-state trail.
     (5) This section expires July 1, 2019, unless the department of transportation enters into a franchise agreement for a rail line over any of the portions of the Milwaukee Road corridor between Ellensburg and Marengo by July 1, 2019.

Sec. 3027   RCW 79A.05.140 and 1999 c 59 s 2 are each amended to read as follows:
     The ((state parks and recreation commission)) department may grant permits to individuals, groups, churches, charities, organizations, agencies, clubs, or associations to improve any state park or parkway, or any lands belonging to the state and withdrawn from sale under the provisions of this chapter. These improvements shall not interfere with access to or use of such public lands or facilities by the general public and shall benefit the public in terms of safety, recreation, aesthetics, or wildlife or natural area preservation. These improvements on public lands and facilities shall be for the use of all members of the general public.

Sec. 3028   RCW 79A.05.145 and 1999 c 59 s 3 are each amended to read as follows:
     Any such individual, group, organization, agency, club, or association desiring to obtain such permit shall make application therefor in writing to the ((commission)) department, describing the lands proposed to be improved and stating the nature of the proposed improvement.

Sec. 3029   RCW 79A.05.150 and 1982 c 156 s 3 are each amended to read as follows:
     If the ((state parks and recreation commission)) department determines that the proposed improvement will substantially alter a park, parkway, or park land, it shall require the applicant to submit detailed plans and specifications of the proposed improvement, which, as submitted, or as modified by the ((state parks and recreation commission)) department, shall be incorporated in the permit when granted.

Sec. 3030   RCW 79A.05.155 and 2000 c 11 s 31 are each amended to read as follows:
     If the ((commission)) department determines it necessary, the applicant shall execute and file with the secretary of state a bond payable to the state, in such penal sum as the ((commission)) department shall require, with good and sufficient sureties to be approved by the ((commission)) department, conditioned that the grantee of the permit will make the improvement in accordance with the plans and specifications contained in the permit, and, in case the improvement is made upon lands withdrawn from sale under the provisions of RCW 79A.05.105, will pay into the state treasury to the credit of the fund to which the proceeds of the sale of such lands would belong, the appraised value of all merchantable timber and material on the land, destroyed, or used in making such improvement.

Sec. 3031   RCW 79A.05.160 and 1965 c 8 s 43.51.170 are each amended to read as follows:
     The ((members of the state parks and recreation commission and such of its)) director, and department employees as the ((commission)) department may designate, shall be vested with police powers to enforce the laws of this state.

Sec. 3032   RCW 79A.05.165 and 2007 c 441 s 2 are each amended to read as follows:
     (1) Every person is guilty of a misdemeanor who:
     (a) Cuts, breaks, injures, destroys, takes, or removes any tree, shrub, timber, plant, or natural object in any park or parkway except in accordance with such rules as the ((commission)) department may prescribe; or
     (b) Kills, or pursues with intent to kill, any bird or animal in any park or parkway except in accordance with a research pass, permit, or other approval issued by the ((commission)) department, pursuant to rule, for scientific research purposes; or
     (c) Takes any fish from the waters of any park or parkway, except in conformity with such general rules as the ((commission)) department may prescribe; or
     (d) Willfully mutilates, injures, defaces, or destroys any guidepost, notice, tablet, fence, inclosure, or work for the protection or ornamentation of any park or parkway; or
     (e) Lights any fire upon any park or parkway, except in such places as the ((commission)) department has authorized, or willfully or carelessly permits any fire which he or she has lighted or which is under his or her charge, to spread or extend to or burn any of the shrubbery, trees, timber, ornaments, or improvements upon any park or parkway, or leaves any campfire which he or she has lighted or which has been left in his or her charge, unattended by a competent person, without extinguishing it; or
     (f) Places within any park or parkway or affixes to any object therein contained, without a written license from the ((commission)) department, any word, character, or device designed to advertise any business, profession, article, thing, exhibition, matter, or event.
     (2)(a) Except as provided in (b) of this subsection, a person who violates any rule adopted, promulgated, or issued by the ((commission)) department pursuant to the provisions of this chapter is guilty of a misdemeanor.
     (b) The ((commission)) department may specify by rule, when not inconsistent with applicable statutes, that violation of the rule is an infraction under chapter 7.84 RCW.

Sec. 3033   RCW 79A.05.170 and 1991 sp.s. c 13 s 23 are each amended to read as follows:
     (1) Any lands owned by the ((state parks and recreation commission)) department, which are determined to be surplus to the needs of the state for development for state park purposes and which the ((commission)) director proposes to deed to a local government or other entity, shall be accompanied by a clause requiring that if the land is not used for outdoor recreation purposes, ownership of the land shall revert to the ((state parks and recreation commission)) department.
     (2) The ((state parks and recreation commission)) department, in cases where land subject to such a reversionary clause is proposed for use or disposal for purposes other than recreation, shall require that, if the land is surplus to the needs of the ((commission)) department for park purposes at the time the ((commission)) department becomes aware of its proposed use for nonrecreation purposes, the holder of the land or property shall reimburse the ((commission)) department for the release of the reversionary interest in the land. The reimbursement shall be in the amount of the fair market value of the reversionary interest as determined by a qualified appraiser agreeable to the ((commission)) department. Appraisal costs shall be borne by the local entity which holds title to the land.
     (3) Any funds generated under a reimbursement under this section shall be deposited in the parkland acquisition account which is hereby created in the state treasury. Moneys in this account are to be used solely for the purchase or acquisition of property for use as state park property by the ((commission)) department, as directed by the legislature; all such funds shall be subject to legislative appropriation.

Sec. 3034   RCW 79A.05.175 and 2007 c 145 s 1 are each amended to read as follows:
     Whenever the ((commission)) department finds that any land under its control cannot advantageously be used for park purposes, it is authorized to dispose of such land by the method provided in this section or by the method provided in RCW 79A.05.170. If such lands are school or other grant lands, control thereof shall be relinquished by ((resolution)) certification of the ((commission)) director to the proper state officials. If such lands were acquired under restrictive conveyances by which the state may hold them only so long as they are used for park purposes, they may be returned to the donor or grantors by the ((commission)) department. All other such lands may be either sold by the ((commission)) department to the highest bidder or exchanged for other lands of equal value by the ((commission)) department, and all conveyance documents shall be executed by the governor. All such exchanges shall be accompanied by a transfer fee, to be set by the ((commission)) department and paid by the other party to the transfer; such fee shall be paid into the parkland acquisition account established under RCW 79A.05.170. The ((commission)) director may accept sealed bids, electronic bids, or oral bids at auction. Bids on all sales shall be solicited at least twenty days in advance of the sale date by an advertisement appearing at least once a week for two consecutive weeks in a newspaper of general circulation in the county in which the land to be sold is located. If the ((commission)) director feels that no bid received adequately reflects the fair value of the land to be sold, ((it)) the director may reject all bids, and may call for new bids. All proceeds derived from the sale of such park property shall be paid into the park land acquisition account. All land considered for exchange shall be evaluated by the ((commission)) department to determine its adaptability to park usage. The equal value of all lands exchanged shall first be determined by the appraisals to the satisfaction of the ((commission)) department. No sale or exchange of state park lands shall be made without the ((unanimous consent of the commission)) approval of the director.

Sec. 3035   RCW 79A.05.178 and 2000 c 42 s 1 are each amended to read as follows:
     (1) Notwithstanding any other provision of this chapter, the ((commission)) department may directly dispose of up to ten contiguous acres of real property, without public auction, to resolve trespass, property ownership disputes, and boundary adjustments with adjacent private property owners. Real property to be disposed of under this section may be disposed of only after appraisal and for at least fair market value, and only if the transaction is in the best interest of the state. The ((commission)) department shall cooperate with potential purchasers to arrive at a mutually agreeable sales price. If necessary, determination of fair market value may include the use of separate independent appraisals by each party and the review of the appraisals, as agreed upon by the parties. All conveyance documents shall be executed by the governor. All proceeds from the disposal of the property shall be paid into the park land acquisition account. ((No disposal of real property may be made without the unanimous consent of the commission.))
     (2) Prior to the disposal of any real property under subsection (1) of this section, the ((commission)) department shall hold a public hearing on the proposal in the county where the real property, or the greatest portion of the real property, is located. At least ten days, but not more than twenty-five days, prior to the hearing, the ((commission)) department shall publish a paid public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in one or more weekly newspapers circulated in the area where the real property is located. A news release concerning the public hearing must be disseminated among print and electronic media in the area where the real property is located. The public notice and news release shall also identify the real property involved in the proposed disposal and describe the purpose of the proposed disposal. A summary of the testimony presented at the public hearing shall be prepared for the ((commission's)) director's consideration when reviewing the proposed disposal of real property.
     (3) If there is a failure to substantially comply with the procedures set out under this section, then the agreement to dispose of the real property is subject to being declared invalid by a court of competent jurisdiction. Such a suit must be brought within one year of the date of the real property disposal agreement.

Sec. 3036   RCW 79A.05.180 and 1998 c 42 s 2 are each amended to read as follows:
     Before the director ((of parks and recreation presents a proposed exchange to the parks and recreation commission)) makes a decision involving an exchange of state land pursuant to this chapter, the director shall hold a public hearing on the proposal in the county where the state lands or the greatest proportion thereof is located. Ten days but not more than twenty-five days prior to such hearing, the director shall publish a paid public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in one or more weekly newspapers circulated in the area where the state owned land is located. A news release pertaining to the hearing shall be disseminated among printed and electronic media in the area where the state land is located. The public notice and news release also shall identify lands involved in the proposed exchange and describe the purposes of the exchange and proposed use of the lands involved. A summary of the testimony presented at the hearings shall be prepared for the ((commission's)) director's consideration when reviewing the ((director's)) exchange proposal. If there is a failure to substantially comply with the procedures set forth in this section, then the exchange agreement shall be subject to being declared invalid by a court. Any such suit must be brought within one year from the date of the exchange agreement.

Sec. 3037   RCW 79A.05.185 and 1999 c 249 s 904 are each amended to read as follows:
     To encourage the development of the Puget Sound country as a recreational boating area, the ((commission)) department is authorized to establish landing, launch ramp, and other facilities for small pleasure boats at places on Puget Sound frequented by such boats and where the ((commission)) department shall find such facilities will be of greatest advantage to the users of pleasure boats. The ((commission)) department is authorized to acquire land or to make use of lands belonging to the state for such purposes, and to construct the necessary floats, launch ramp, and other desirable structures and to make such further development of any area used in connection therewith as in the judgment of the ((commission)) department is best calculated to facilitate the public enjoyment thereof.

Sec. 3038   RCW 79A.05.195 and 1999 c 249 s 905 are each amended to read as follows:
     (1) The ((commission)) department shall develop a cost-effective plan to identify historic archaeological resources in at least one state park containing a military fort located in Puget Sound. The plan shall include the use of a professional archaeologist and volunteer citizens.
     (2) Any park land that is made available for use by recreational metal detectors under this section shall count toward the requirements established in RCW 79A.05.190.

Sec. 3039   RCW 79A.05.200 and 2000 c 11 s 32 are each amended to read as follows:
     The department shall have all the powers, functions, and duties ((heretofore exercised by the department of fish and wildlife, or its director,)) respecting the management, control, and operation of the following enumerated tidelands, which are presently suitable for public recreational use, ((are hereby transferred to the parks and recreation commission which shall also have respecting such tidelands all the powers conferred by this chapter,)) as now or hereafter amended, respecting parks and parkways:
     Parcel No. 1. (Toandos Peninsula) The tidelands of the second class, owned by the state of Washington, situate in front of, adjacent to, or abutting upon lots 1, 2, and 3, section 5, lots 1, 2, and 3, section 4, and lot 1, section 3, all in township 25 north, range 1 west, W.M., with a frontage of 158.41 lineal chains, more or less.
     Parcel No. 2. (Shine) The tidelands of the second class, owned by the state of Washington, situate in front of, adjacent to, or abutting upon lots 1, 2, 3 and that portion of lot 4 lying north of the south 8.35 chains thereof as measured along the government meander line, all in section 35, township 28 north, range 1 east, W.M., with a frontage of 76.70 lineal chains, more or less.
     Subject to an easement for right-of-way for county road granted to Jefferson county December 8, 1941 under application No. 1731, records of department of public lands.
     Parcel No. 3. (Mud Bay - Lopez Island) The tidelands of the second class, owned by the state of Washington situate in front of, adjacent to, or abutting upon lots 5, 6 and 7, section 18, lot 5, section 7 and lots 3, 4, and 5, section 8, all in township 34 north, range 1 west, W.M., with a frontage of 172.11 lineal chains, more or less.
     Excepting, however, any tideland of the second class in front of said lot 3, section 8 conveyed through deeds issued April 14, 1909 pursuant to the provisions of chapter 24, Laws of 1895 under application No. 4985, records of department of public lands.
     Parcel No. 4. (Spencer Spit) The tidelands of the second class, owned by the state of Washington, situate in front of, adjacent to, or abutting upon lots 1, 3, and 4, section 7, and lot 5, section 18 all in township 35 north, range 1 west, W.M., with a frontage of 118.80 lineal chains, more or less.
     Parcel No. 5. (Lilliwaup) The tidelands of the second class, owned by the state of Washington, lying easterly of the east line of vacated state oyster reserve plat No. 133 produced southerly and situate in front of, adjacent to or abutting upon lot 9, section 30, lot 8, section 19 and lot 5 and the south 20 acres of lot 4, section 20, all in township 23 north, range 3 west, W.M., with a frontage of 62.46 lineal chains, more or less.

Sec. 3040   RCW 79A.05.205 and 2000 c 11 s 33 are each amended to read as follows:
     The ((state parks and recreation commission)) department may take appropriate action to provide public and private access, including roads and docks, to and from the tidelands described in RCW 79A.05.200.

Sec. 3041   RCW 79A.05.210 and 1999 c 249 s 906 are each amended to read as follows:
     (1) The department of natural resources and the ((commission)) department shall have authority to negotiate sales to the ((commission)) department, for park and outdoor recreation purposes, of trust lands at fair market value.
     (2) The department of natural resources and the ((commission)) department shall negotiate a sale to the ((commission)) department of the lands and timber thereon identified in the joint study under section 4, chapter 163, Laws of 1985, and commonly referred to as the Point Lawrence trust property, San Juan county — on the extreme east point of Orcas Island. Timber conservation and management practices provided for in RCW 79A.05.035 and 79A.05.305 shall govern the management of land and timber transferred under this subsection as of the effective date of the transfer, upon payment for the property, and nothing in this chapter shall be construed as restricting or otherwise modifying the department of natural resources' management, control, or use of such land and timber until such date.

Sec. 3042   RCW 79A.05.220 and 1987 c 466 s 3 are each amended to read as follows:
     The ((parks and recreation commission)) department and the department of natural resources may periodically conduct a joint review of trust lands managed by the department of natural resources to identify those parcels which may be appropriate for transfer to the ((commission)) department for public recreation purposes.

Sec. 3043   RCW 79A.05.225 and 1999 c 249 s 1401 are each amended to read as follows:
     In addition to its other powers, duties, and functions the ((commission)) department may:
     (1) Plan, construct, and maintain suitable facilities for winter recreational activities on lands administered or acquired by the ((commission)) department or as authorized on lands administered by other public agencies or private landowners by agreement;
     (2) Provide and issue upon payment of the proper fee, under RCW 79A.05.230, 79A.05.240, and 46.61.585, with the assistance of such authorized agents as may be necessary for the convenience of the public, special permits to park in designated winter recreational area parking spaces;
     (3) Administer the snow removal operations for all designated winter recreational area parking spaces; and
     (4) Compile, publish, and distribute maps indicating such parking spaces, adjacent trails, and areas and facilities suitable for winter recreational activities.
     The ((commission)) department may contract with any public or private agency for the actual conduct of such duties, but shall remain responsible for the proper administration thereof. The ((commission)) department is not liable for unintentional injuries to users of lands administered for winter recreation purposes under this section or under RCW ((46.10.210)) 46.10.370, whether the lands are administered by the ((commission)) department, by other public agencies, or by private landowners through agreement with the ((commission)) department. Nothing in this section prevents the liability of the ((commission)) department for injuries sustained by a user by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted. A road covered with snow and groomed for the purposes of winter recreation consistent with this chapter and chapter 46.10 RCW shall not be presumed to be a known dangerous artificial latent condition for the purposes of this chapter.

Sec. 3044   RCW 79A.05.230 and 1990 c 49 s 3 are each amended to read as follows:
     The fee for the issuance of special winter recreational area parking permits shall be determined by the ((commission)) department after consultation with the winter recreation advisory committee. If the person making application therefor is also the owner of a snowmobile registered pursuant to chapter 46.10 RCW, there shall be no fee for the issuance of an annual permit. All special winter recreational area parking permits shall commence and expire on the dates established by the ((commission)) department.

Sec. 3045   RCW 79A.05.235 and 1991 sp.s. c 13 s 6 are each amended to read as follows:
     There is hereby created the winter recreational program account in the state treasury. Special winter recreational area parking permit fees collected under this chapter shall be remitted to the state treasurer to be deposited in the winter recreational program account and shall be appropriated only to the ((commission)) department for nonsnowmobile winter recreation purposes including the administration, acquisition, development, operation, planning, and maintenance of winter recreation facilities and the development and implementation of winter recreation, safety, enforcement, and education programs. The ((commission)) department may accept gifts, grants, donations, or moneys from any source for deposit in the winter recreational program account.
     Any public agency in this state may develop and implement winter recreation programs. The ((commission)) department may make grants to public agencies and contract with any public or private agency or person to develop and implement winter recreation programs.

Sec. 3046   RCW 79A.05.240 and 1982 c 11 s 4 are each amended to read as follows:
     The ((commission)) department may, after consultation with the winter recreation advisory committee, adopt rules ((and regulations)) prohibiting or restricting overnight parking at any special state winter recreational parking areas owned or administered by it. Where such special state winter recreational parking areas are administered by the ((commission)) department pursuant to an agreement with other public agencies, such agreement may provide for prohibition or restriction of overnight parking.

Sec. 3047   RCW 79A.05.250 and 2000 c 11 s 34 are each amended to read as follows:
     The ((commission)) department may adopt such rules as are necessary to implement and enforce RCW 79A.05.225 through 79A.05.240 and 46.61.585 after consultation with the winter recreation advisory committee.

Sec. 3048   RCW 79A.05.255 and 2000 c 48 s 1 and 2000 c 11 s 35 are each reenacted and amended to read as follows:
     (1) There is created a winter recreation advisory committee to advise the ((parks and recreation commission)) department in the administration of this chapter and to assist and advise the ((commission)) department in the development of winter recreation facilities and programs.
     (2) The committee shall consist of:
     (a) Six representatives of the nonsnowmobiling winter recreation public appointed by the ((commission)) department, including a resident of each of the six geographical areas of this state where nonsnowmobiling winter recreation activity occurs, as defined by the ((commission)) department.
     (b) Three representatives of the snowmobiling public appointed by the ((commission)) department.
     (c) One representative of the department of natural resources, one representative of the department of fish and wildlife, and one representative of the Washington state association of counties, each of whom shall be appointed by the director of the particular department or association.
     (3) The terms of the members appointed under subsection (2)(a) and (b) of this section shall begin on October 1st of the year of appointment and shall be for three years or until a successor is appointed, except in the case of appointments to fill vacancies for the remainder of the unexpired term: PROVIDED, That the first of these members shall be appointed for terms as follows: Three members shall be appointed for one year, three members shall be appointed for two years, and three members shall be appointed for three years.
     (4) Members of the committee shall be reimbursed from the winter recreational program account created by RCW 79A.05.235 for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (5) The committee shall meet at times and places it determines not less than twice each year and additionally as required by the committee chair or by majority vote of the committee. The chair of the committee shall be chosen under procedures adopted by the committee. The committee shall adopt any other procedures necessary to govern its proceedings.
     (6) The director ((of parks and recreation)) or the director's designee shall serve as secretary to the committee and shall be a nonvoting member.

Sec. 3049   RCW 79A.05.280 and 1977 ex.s. c 281 s 4 are each amended to read as follows:
     The ((parks and recreation commission)) department is authorized to accept grants or moneys from any federal or private source for support of hostels. The ((commission)) department at its discretion is directed to apportion and transfer any such moneys to contracting agencies or political subdivisions which operate hostels: PROVIDED, That the ((commission)) department shall establish rules and regulations for the operation of hostels which are substantially similar to the operating standards and customs established by the American Youth Hostels Incorporated.

Sec. 3050   RCW 79A.05.285 and 1999 c 249 s 907 are each amended to read as follows:
     The ((commission)) department is authorized to evaluate and acquire land under RCW ((79.01.612)) 79.10.030 in cooperation with the department of natural resources.

Sec. 3051   RCW 79A.05.290 and 1999 c 249 s 908 are each amended to read as follows:
     The ((commission)) department may select land held by the department of natural resources for acquisition under RCW 79A.50.010 et seq.

Sec. 3052   RCW 79A.05.310 and 1998 c 245 s 66 are each amended to read as follows:
     The ((state parks and recreation commission)) department shall:
     (1) Coordinate a statewide program of boating safety education using to the maximum extent possible existing programs offered by the United States power squadron and the United States coast guard auxiliary;
     (2) Adopt rules in accordance with chapter 34.05 RCW, consistent with United States coast guard regulations, standards, and precedents, as needed for the efficient administration and enforcement of this section;
     (3) Enter into agreements aiding the administration of this chapter;
     (4) Adopt and administer a casualty and accident reporting program consistent with United States coast guard regulations;
     (5) Adopt and enforce recreational boating safety rules, including but not necessarily limited to equipment and navigating requirements, consistent with United States coast guard regulations;
     (6) Coordinate with local and state agencies the development of biennial plans and programs for the enhancement of boating safety, safety education, and enforcement of safety rules and laws; allocate money appropriated to the ((commission)) department for these programs as necessary; and accept and administer any public or private grants or federal funds which are obtained for these purposes under chapter 43.88 RCW; and
     (7) Take additional actions necessary to gain acceptance of a program of boating safety for this state under the federal boating safety act of 1971.

Sec. 3053   RCW 79A.05.320 and 2000 c 11 s 39 are each amended to read as follows:
     The ((state parks and recreation commission)) department shall do the following with respect to the portion of the Milwaukee Road corridor under its control:
     (1) Manage the corridor as a recreational trail except when closed under RCW 79A.05.325;
     (2) Close the corridor to hunting;
     (3) Close the corridor to all motorized vehicles except: (a) Emergency or law enforcement vehicles; (b) vehicles necessary for access to utility lines; and (c) vehicles necessary for maintenance of the corridor, or construction of the trail;
     (4) Comply with legally enforceable conditions contained in the deeds for the corridor;
     (5) Control weeds under the applicable provisions of chapters 17.04, 17.06, and 17.10 RCW; and
     (6) Clean and maintain culverts.

Sec. 3054   RCW 79A.05.325 and 1989 c 129 s 3 are each amended to read as follows:
     The ((state parks and recreation commission)) department may do the following with respect to the portion of the Milwaukee Road corridor under its control:
     (1) Enter into agreements to allow the realignment or modification of public roads, farm crossings, water conveyance facilities, and other utility crossings;
     (2) Regulate activities and restrict uses, including, but not limited to, closing portions of the corridor to reduce fire danger or protect public safety;
     (3) Place hazard warning signs and close hazardous structures;
     (4) Renegotiate deed restrictions upon agreement with affected parties; and
     (5) Approve and process the sale or exchange of lands or easements if such a sale or exchange will not adversely affect the recreational potential of the corridor; and
     (6) Manage the portion of the Milwaukee Road corridor lying between the eastern corporate limits of the city of Kittitas and the eastern end of the corridor under ((commission)) department control for recreational access limited to holders of permits issued by the ((commission)) department. The ((commission)) department shall, for the purpose of issuing permits for corridor use, adopt rules necessary for the orderly and safe use of the corridor and the protection of adjoining landowners, which may include restrictions on the total numbers of permits issued, numbers in a permitted group, and periods during which the corridor is available for permitted users. The ((commission)) department may increase recreational management of this portion of the corridor and eliminate the permit system as it determines in its discretion based upon available funding and other resources.

Sec. 3055   RCW 79A.05.330 and 1984 c 174 s 5 are each amended to read as follows:
     The ((state parks and recreation commission)) department shall identify opportunities and encourage volunteer work, private contributions, and support from tax-exempt foundations to develop, operate, and maintain the recreation trail on the portion of the Milwaukee Road under its control.

Sec. 3056   RCW 79A.05.335 and 1991 c 107 s 1 are each amended to read as follows:
     The legislature finds that the lands owned and managed by the ((state parks and recreation commission)) department are a significant collection of valuable natural, historical, and cultural resources for the citizens of Washington state. The legislature further finds that if citizens understand and appreciate the state park ecological resources, they will come to appreciate and understand the ecosystems and natural resources throughout the state. Therefore, the ((state parks and recreation commission)) department may increase the use of its facilities and resources to provide environmental interpretation throughout the state parks system.

Sec. 3057   RCW 79A.05.340 and 1991 c 107 s 2 are each amended to read as follows:
     The ((state parks and recreation commission)) department may provide environmental interpretative activities for visitors to state parks that:
     (1) Explain the functions, history, and cultural aspects of ecosystems;
     (2) Explain the relationship between human needs, human behaviors and attitudes, and the environment; and
     (3) Offer experiences and information to increase citizen appreciation and stewardship of the environment and its multiple uses.

Sec. 3058   RCW 79A.05.345 and 1991 c 107 s 3 are each amended to read as follows:
     The ((state parks and recreation commission)) department may consult and enter into agreements with and solicit assistance from private sector organizations and other governmental agencies that are interested in conserving and interpreting Washington's environment. The ((commission)) department shall not permit commercial advertising in state park lands or interpretive centers as a condition of such agreements. Logos or credit lines for sponsoring organizations may be permitted. The ((commission)) department shall maintain an accounting of all monetary gifts provided, and expenditures of monetary gifts shall not be used to increase personnel.

Sec. 3059   RCW 79A.05.351 and 2007 c 176 s 2 are each amended to read as follows:
     (1) The outdoor education and recreation grant program is hereby created, subject to the availability of funds in the outdoor education and recreation account. The ((commission)) department shall establish and implement the program by rule to provide opportunities for public agencies, private nonprofit organizations, formal school programs, nonformal after-school programs, and community-based programs to receive grants from the account. Programs that provide outdoor education opportunities to schools shall be fully aligned with the state's essential academic learning requirements.
     (2) The program shall be phased in beginning with the schools and students with the greatest needs in suburban, rural, and urban areas of the state. The program shall focus on students who qualify for free and reduced-price lunch, who are most likely to fail academically, or who have the greatest potential to drop out of school.
     (3) The director shall set priorities and develop criteria for the awarding of grants to outdoor environmental, ecological, agricultural, or other natural resource-based education and recreation programs considering at least the following:
     (a) Programs that contribute to the reduction of academic failure and dropout rates;
     (b) Programs that make use of research-based, effective environmental, ecological, agricultural, or other natural resource-based education curriculum;
     (c) Programs that contribute to healthy life styles through outdoor recreation and sound nutrition;
     (d) Various Washington state parks as venues and use of the ((commission's)) department's personnel as a resource;
     (e) Programs that maximize the number of participants that can be served;
     (f) Programs that will commit matching and in-kind resources;
     (g) Programs that create partnerships with public and private entities;
     (h) Programs that provide students with opportunities to directly experience and understand nature and the natural world; and
     (i) Programs that include ongoing program evaluation, assessment, and reporting of their effectiveness.
     (4) The director shall create an advisory committee to assist and advise the ((commission)) department in the development and administration of the outdoor education and recreation program. The director should solicit representation on the committee from the office of the superintendent of public instruction, ((the department of fish and wildlife,)) the business community, outdoor organizations with an interest in education, and any others the ((commission)) director deems sufficient to ensure a cross section of stakeholders. When the director creates such an advisory committee, its members shall be reimbursed from the outdoor education and recreation program account for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (5) The outdoor education and recreation program account is created in the custody of the state treasurer. Funds deposited in the outdoor education and recreation program account shall be transferred only to the ((commission)) department to be used solely for the ((commission's)) department's outdoor education and recreation program purposes identified in this section including the administration of the program. The director may accept gifts, grants, donations, or moneys from any source for deposit in the outdoor education and recreation program account. Any public agency in this state may develop and implement outdoor education and recreation programs. The director may make grants to public agencies and contract with any public or private agency or person to develop and implement outdoor education and recreation programs. The outdoor education and recreation program account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 3060   RCW 79A.05.355 and 1993 c 267 s 1 are each amended to read as follows:
     The ((state parks and recreation commission)) department shall act as the lead agency for the establishment of underwater parks in state waters and for environmental reviews of projects necessary to establish underwater parks. The ((commission)) department may enter into interagency agreements to facilitate timely receipt of necessary permits from other state agencies and local governments.

Sec. 3061   RCW 79A.05.360 and 1999 c 249 s 1301 are each amended to read as follows:
     The ((commission)) department may establish a system of underwater parks to provide for diverse recreational diving opportunities and to conserve and protect unique marine resources of the state of Washington. In establishing and maintaining an underwater park system, the ((commission)) department may:
     (1) Plan, construct, and maintain underwater parks;
     (2) Acquire property and enter management agreements with other units of state government for the management of lands, tidelands, and bedlands as underwater parks;
     (3) Construct artificial reefs and other underwater features to enhance marine life and recreational uses of an underwater park;
     (4) Accept gifts and donations for the benefit of underwater parks;
     (5) Facilitate private efforts to construct artificial reefs and underwater parks;
     (6) Work with the federal government, local governments and other appropriate agencies of state government, including but not limited to: The department of natural resources((, the department of fish and wildlife)) and the natural heritage council to carry out the purposes of this chapter; and
     (7) Contract with other state agencies or local governments for the management of an underwater park unit.

Sec. 3062   RCW 79A.05.370 and 1993 c 267 s 4 are each amended to read as follows:
     In establishing an underwater park system, the ((commission)) department shall seek to create diverse recreational opportunities in areas throughout Washington state. The ((commission)) department shall place a high priority upon creating units that possess unique or diverse marine life or underwater natural or artificial features such as shipwrecks.

Sec. 3063   RCW 79A.05.375 and 1993 c 267 s 5 are each amended to read as follows:
     The ((commission)) department is not liable for unintentional injuries to users of underwater parks, whether the facilities are administered by the ((commission)) department or by another entity or person. However, nothing in this section prevents the liability of the ((commission)) department for injuries sustained by a user by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted.

Sec. 3064   RCW 79A.05.380 and 2003 c 338 s 1 are each amended to read as follows:
     The legislature recognizes the increase in water-oriented recreation by users of human and wind-powered, beachable vessels such as kayaks, canoes, or day sailors on Washington's waters. These recreationists frequently require overnight camping facilities along the shores of public or private beaches. The legislature now creates a water trail recreation program, to be administered by the ((Washington state parks and recreation commission)) department. The legislature recognizes that the effort to develop water trail sites is a continuing need and that the ((commission)) department provides beneficial expertise and consultation to water trail user groups, agencies, and private landowners for the existing Cascadia marine trail and Willapa Bay water trail.

Sec. 3065   RCW 79A.05.385 and 2003 c 338 s 2 and 2003 c 126 s 601 are each reenacted and amended to read as follows:
     In addition to its other powers, duties, and functions, the ((commission)) department may:
     (1) Plan, construct, and maintain suitable facilities for water trail activities on lands administered or acquired by the ((commission)) department or as authorized on lands administered by tribes or other public agencies or private landowners by agreement.
     (2) Compile, publish, distribute, and charge a fee for maps or other forms of public information indicating areas and facilities suitable for water trail activities.
     (3) Contract with a public agency, private entity, or person for the actual conduct of these duties.
     (4) Work with individuals or organizations who wish to volunteer their time to support the water trail recreation program.
     (5) Provide expertise and consultation to individuals, agencies, and organizations in the continued development of water trail sites in this state.

Sec. 3066   RCW 79A.05.390 and 1993 c 182 s 3 are each amended to read as follows:
     The ((commission)) department may make water trail program grants to public agencies or tribal governments and may contract with any public agency, tribal government, entity, or person to develop and implement water trail programs.

Sec. 3067   RCW 79A.05.395 and 1993 c 182 s 4 are each amended to read as follows:
     The ((commission)) department is not liable for unintentional injuries to users of facilities administered for water trail purposes under this chapter, whether the facilities are administered by the ((commission)) department or by any other entity or person. However, nothing in this section prevents the liability of the ((commission)) department for injuries sustained by a user by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted.

Sec. 3068   RCW 79A.05.410 and 2003 c 338 s 3 are each amended to read as follows:
     The ((commission)) department may adopt rules to administer the water trail program and facilities on areas owned or administered by the ((commission)) department. Where water trail facilities administered by other public or private entities are incorporated into the water trail system, the rules adopted by those entities shall prevail. The ((commission)) department is not responsible or liable for enforcement of these alternative rules.

Sec. 3069   RCW 79A.05.415 and 1993 c 182 s 8 are each amended to read as follows:
     Violation of the provisions of the ((commission's)) department's rules governing the use of water trail facilities and property shall constitute a civil infraction, punishable as provided under chapter 7.84 RCW.

Sec. 3070   RCW 79A.05.425 and 2003 c 338 s 4 are each amended to read as follows:
     ((Any unspent balance of funds in the water trail program account created in RCW 79A.05.405 as of June 30, 2003, must be transferred to the state parks renewal and stewardship account created in RCW 79A.05.215.)) All receipts from sales of materials under RCW 79A.05.385 and all monetary civil penalties collected under RCW 79A.05.415 must be deposited in the state parks renewal and stewardship account. Any gifts, grants, donations, or moneys from any source received by the ((commission)) department for the water trail program must also be deposited in the state parks renewal and stewardship account. Funds transferred or deposited into the state parks renewal and stewardship account under this section must be used solely for water trail program purposes.

Sec. 3071   RCW 79A.05.505 and 1999 c 249 s 1201 are each amended to read as follows:
     There is hereby created and established a youth development and conservation division within the ((commission)) department. The ((commission)) department shall appoint such supervisory personnel as necessary to carry out the purposes of RCW 79A.05.500 through 79A.05.530.

Sec. 3072   RCW 79A.05.510 and 1975 c 7 s 1 are each amended to read as follows:
     Composition of the corps shall consist of youths who are citizens of the United States and residents of the state of Washington of good character and health, and who are not more than twenty-one years of age. In order to enroll, an individual must agree to comply with rules ((and regulations promulgated)) adopted by the ((commission)) department. The period of enrollment shall be for thirty, sixty, or ninety days or for such shorter period as determined by the ((commission)) department. If permitted by the ((commission)) department an individual may reenroll. Enrollment shall basically be allocated on a percentage basis to each of the forty-nine legislative districts on the basis of the ratio that the population of each district bears to the total population of the state of Washington, but the ((commission)) department may also take into account problems of substantial unemployment in certain areas.

Sec. 3073   RCW 79A.05.515 and 1999 c 249 s 1202 are each amended to read as follows:
     (1) The minimum compensation shall be at the rate of twenty-five dollars per week, except that up to the minimum state wage may be paid on the basis of assigned leadership responsibilities or special skills.
     (2) Enrollees shall be furnished quarters, subsistence, medical and hospital services, transportation, equipment, as the ((commission)) department may deem necessary and appropriate for their needs. Such quarters, subsistence, and equipment may be furnished by any governmental or public agency.
     (3) The compensation of enrollees of any program under this chapter may be paid biweekly.

Sec. 3074   RCW 79A.05.525 and 1965 c 8 s 43.51.560 are each amended to read as follows:
     The ((commission)) department may expend such amounts as necessary for supplies, material and equipment to be used by enrollees in connection with their work, recreation, health, or welfare; the ((commission)) department shall purchase government surplus materials, supplies and equipment when available and as needed.
     The ((commission)) department may accept any gifts, grants or contributions of money, material, lands, or personal property as it deems appropriate and may administer and dispose of them as it determines to be in the interests of the general public.

Sec. 3075   RCW 79A.05.530 and 1975 c 7 s 3 are each amended to read as follows:
     The ((commission)) department may, by agreement with an individual or company enroll and supervise additional young persons, who shall be furnished compensation, subsistence, quarters, supplies and materials by the cooperating private company or individual, to develop, maintain or improve natural and artificial recreational areas for the health and happiness of the general public. The corps shall not be engaged in the development, improvement or maintenance of a commercial recreational area or resort, and the individual or corporation entering such agreement with the ((commission)) department shall make such improved areas available to the general public without cost for a period of at least five years. Private individuals may reserve the right to close the area during periods of fire hazard or during periods when excess damage would be caused by public use.

Sec. 3076   RCW 79A.05.535 and 2000 c 11 s 44 are each amended to read as follows:
     The ((state parks and recreation commission)) department is authorized to enter into agreements with and accept grants from the federal government for the support of any program within the purposes of RCW 79A.05.500 through 79A.05.530.

Sec. 3077   RCW 79A.05.540 and 2000 c 11 s 45 are each amended to read as follows:
     Notwithstanding the provisions of RCW 79A.05.510 and 79A.05.515, the ((commission)) department may determine the length of enrollment and the compensation of enrollees in accordance with the standards of any federal act or regulation under which an agreement is made with, or a grant is received from the federal government pursuant to RCW 79A.05.535.

Sec. 3078   RCW 79A.05.545 and 1999 c 249 s 701 are each amended to read as follows:
     The ((commission)) department shall cooperate in implementing and operating the conservation corps as required by chapter 43.220 RCW.

Sec. 3079   RCW 79A.05.610 and 2000 c 11 s 46 are each amended to read as follows:
     Except as otherwise provided in RCW 79A.05.600 through 79A.05.630, the Washington State Seashore Conservation Area shall be under the jurisdiction of the ((Washington state parks and recreation commission)) department, which shall administer RCW 79A.05.600 through 79A.05.630 in accordance with the powers granted it herein and under the appropriate provisions of this chapter.

Sec. 3080   RCW 79A.05.615 and 2000 c 11 s 47 are each amended to read as follows:
     The ((Washington state parks and recreation commission)) department shall administer the Washington State Seashore Conservation Area in harmony with the broad principles set forth in RCW 79A.05.600. Where feasible, the area shall be preserved in its present state; everywhere it shall be maintained in the best possible condition for public use. All forms of public outdoor recreation shall be permitted and encouraged in the area, unless specifically excluded or limited by the ((commission)) department. While the primary purpose in the establishment of the area is to preserve the coastal beaches for public recreation, other uses shall be allowed as provided in RCW 79A.05.600 through 79A.05.630, or when found not inconsistent with public recreational use by the ((Washington state parks and recreation commission)) department.

Sec. 3081   RCW 79A.05.620 and 2000 c 11 s 48 are each amended to read as follows:
     In administering the Washington State Seashore Conservation Area, the ((Washington state parks and recreation commission)) department shall seek the cooperation and assistance of federal agencies, other state agencies, and local political subdivisions. All state agencies, and the governing officials of each local subdivision shall cooperate with the ((commission)) department in carrying out its duties. Except as otherwise provided in RCW 79A.05.600 through 79A.05.630, and notwithstanding any other provision of law, other state agencies and local subdivisions shall perform duties in the Washington State Seashore Conservation Area which are within their normal jurisdiction, except when such performance clearly conflicts with the purposes of RCW 79A.05.600 through 79A.05.630.

Sec. 3082   RCW 79A.05.625 and 2000 c 11 s 49 are each amended to read as follows:
     Nothing in RCW 79A.05.600 through 79A.05.630 and 79A.05.635 through 79A.05.695 shall be construed to interfere with the powers, duties and authority of the department ((of fish and wildlife)) to regulate the conservation or taking of food fish and shellfish. Nor shall anything in RCW 79A.05.600 through 79A.05.630 and 79A.05.635 through 79A.05.695 be construed to interfere with the powers, duties and authority of the department ((of fish and wildlife)) to regulate, manage, conserve, and provide for the harvest of wildlife within such area: PROVIDED, HOWEVER, That no hunting shall be permitted in any state park.

Sec. 3083   RCW 79A.05.630 and 2000 c 11 s 50 are each amended to read as follows:
     Lands within the Seashore Conservation Area shall not be sold, leased, or otherwise disposed of, except as herein provided. The ((commission)) department may, under authority granted in RCW 79A.05.175 and 79A.05.180, exchange state park lands in the Seashore Conservation Area for lands of equal value to be managed by the ((commission)) department consistent with this chapter. Only state park lands lying east of the Seashore Conservation Line, as it is located at the time of exchange, may be so exchanged. The department of natural resources may lease the lands within the Washington State Seashore Conservation Area as well as the accreted lands along the ocean in state ownership for the exploration and production of oil and gas: PROVIDED, That oil drilling rigs and equipment will not be placed on the Seashore Conservation Area or state-owned accreted lands.
     Sale of sand from accretions shall be made to supply the needs of cranberry growers for cranberry bogs in the vicinity and shall not be prohibited if found by the ((commission)) department to be reasonable, and not generally harmful or destructive to the character of the land: PROVIDED, That the ((commission)) department may grant leases and permits for the removal of sands for construction purposes from any lands within the Seashore Conservation Area if found by the ((commission)) department to be reasonable and not generally harmful or destructive to the character of the land: PROVIDED FURTHER, That net income from such leases shall be deposited in the state parks renewal and stewardship account.

Sec. 3084   RCW 79A.05.650 and 2000 c 11 s 54 are each amended to read as follows:
     (1) Except as provided in RCW 79A.05.655 and 79A.05.660, a total of forty percent of the length of the beach subject to the recreation management plan shall be reserved for pedestrian use under this section and RCW 79A.05.665. Restrictions on motorized traffic under this section shall be from April 15th to the day following Labor day of each year. Local jurisdictions may adopt provisions within recreation management plans that exceed the requirements of this section. The ((commission)) department shall not require that a plan designate for pedestrian use more than forty percent of the land subject to the plan.
     (2) In designating areas to be reserved for pedestrian use, the plan shall consider the following:
     (a) Public safety;
     (b) Statewide interest in recreational use of the ocean beaches;
     (c) Protection of shorebird and marine mammal habitats;
     (d) Preservation of native beach vegetation;
     (e) Protection of sand dune topography;
     (f) Prudent management of clam beds;
     (g) Economic impacts to the local community; and
     (h) Public access and parking availability.

Sec. 3085   RCW 79A.05.665 and 2000 c 11 s 56 are each amended to read as follows:
     Recreation management plans shall, upon request of the ((commission)) department, reserve on a permanent, seasonal, or temporary basis, land adjoining national wildlife refuges and state parks for pedestrian use. After a plan is approved, the ((commission)) department may require local jurisdictions to adopt amendments to the plan governing driving on land adjoining wildlife refuges and state parks. Land reserved for pedestrian use under this section for at least the period from April 15th through the day following Labor Day of each year shall be included when determining compliance with the requirements of RCW 79A.05.650.

Sec. 3086   RCW 79A.05.670 and 1999 c 249 s 1102 are each amended to read as follows:
     In preparing, adopting, or approving a recreation management plan, local jurisdictions and the ((commission)) department shall consult with the ((department of fish and wildlife and the)) United States fish and wildlife service.

Sec. 3087   RCW 79A.05.685 and 2000 c 11 s 57 are each amended to read as follows:
     Recreation management plans shall be adopted by each participating jurisdiction and submitted to the ((commission)) department by September 1, 1989. The ((commission)) department shall approve the proposed plan if, in the ((commission's)) department's judgment, the plan adequately fulfills the requirements of RCW 79A.05.600 through 79A.05.695.
     If the proposed plan is not approved, the ((commission)) department shall suggest modifications to the participating local governments. Local governments shall have ninety days after receiving the suggested modifications to resubmit a recreation management plan. Thereafter, if the ((commission)) department finds that a plan does not adequately fulfill the requirements of RCW 79A.05.600 through 79A.05.695, the ((commission)) department may amend the proposal or adopt an alternative plan.
     If a plan for all or any portion of the Seashore Conservation Area is not submitted in accordance with RCW 79A.05.635 through 79A.05.695, the ((commission)) department shall adopt a recreation management plan for that site.
     Administrative rules adopted by the ((commission)) department under RCW 43.51.680 shall remain in effect for all or any portion of each ocean beach until a recreation management plan for that site is adopted or approved by the ((commission)) department.
     The ((commission)) department shall not adopt a recreation management plan for all or any portion of an ocean beach while appeal of a ((commission)) department decision regarding that site is pending.

Sec. 3088   RCW 79A.05.688 and 1999 c 249 s 1103 are each amended to read as follows:
     Any individual, partnership, corporation, association, organization, cooperative, local government, or state agency aggrieved by a decision of the ((commission)) department under this chapter may appeal under chapter 34.05 RCW.

Sec. 3089   RCW 79A.05.690 and 1988 c 75 s 13 are each amended to read as follows:
     The ((commission)) department shall cooperate with state and local law enforcement agencies in meeting the need for law enforcement within the Seashore Conservation Area.

Sec. 3090   RCW 79A.05.695 and 2000 c 11 s 59 are each amended to read as follows:
     Amendments to the recreation management plan may be adopted jointly by each local government participating in the plan and submitted to the ((commission)) department for approval. The ((commission)) department shall approve a proposed amendment if, in the ((commission's)) department's judgment, the amendment adequately fulfills the requirements of RCW 79A.05.600 through 79A.05.695.
     After a plan is approved, the ((commission)) department may require local jurisdictions to adopt amendments to the plan if the ((commission)) department finds that such amendments are necessary to protect public health and safety, or to protect significant natural resources as determined by the agency having jurisdiction over the resource.

Sec. 3091   RCW 79A.05.705 and 1969 ex.s. c 162 s 2 are each amended to read as follows:
     There is hereby created a ((Washington state parks)) department of conservation and recreation ((commission)) conservation area to be known as "Green River Gorge conservation area."

Sec. 3092   RCW 79A.05.710 and 1969 ex.s. c 162 s 3 are each amended to read as follows:
     In addition to all other powers and duties prescribed by law, the ((state parks and recreation commission)) department is authorized and directed to acquire such real property, easements, or rights in the Green River Gorge in King county, together with such real property, easements, and rights as is necessary for such park and conservation purposes in any manner authorized by law for the acquisition of lands for parks and parkway purposes. Except for such real property as is necessary and convenient for development of picnicking or camping areas and their related facilities, it is the intent of this section that such property shall be acquired to preserve, as much as possible, the gorge within the canyon rim in its natural pristine state.

Sec. 3093   RCW 79A.05.715 and 1969 ex.s. c 162 s 4 are each amended to read as follows:
     Nothing herein shall be construed as authorizing or directing the ((state parks and recreation commission)) department to acquire any real property, easements, or rights in the Green River Gorge in King county which are now held by any state agency for the purposes of outdoor recreation, conservation, fish, or wildlife management or public hunting or fishing without the approval of such agency.

Sec. 3094   RCW 79A.05.735 and 2000 c 11 s 60 are each amended to read as follows:
     The state department of natural resources and the ((state parks and recreation commission)) department have joined together in excellent cooperation in the conducting of this study along with the citizen advisory subcommittee and have joined together ((in cooperation with the department of fish and wildlife)) to accomplish other projects of multidisciplinary concern, and because it may be in the best interests of the state to continue such cooperation, ((the state parks and recreation commission,)) the department of natural resources((,)) and the department ((of fish and wildlife)) are hereby directed to consider both short and long term objectives, the expertise of each agency's staff, and alternatives such as reasonably may be expected to safeguard the conservation area's values as described in RCW 79A.05.725 giving due regard to efficiency and economy of management: PROVIDED, That the interests conveyed to or by the state agencies identified in this section shall be managed by the department of natural resources until such time as the ((state parks and recreation commission)) department or other public agency is managing public recreation areas and facilities located in such close proximity to the conservation area described in RCW 79A.05.730 so as to make combined management of those areas and facilities and transfer of management of the conservation area more efficient and economical than continued management by the department of natural resources. At that time the department of natural resources is directed to negotiate with the appropriate public agency for the transfer of those management responsibilities for the interests obtained within the conservation area under RCW 79A.05.725 through 79A.05.745: PROVIDED FURTHER, That the state agencies identified in this section may, by mutual agreement, undertake management of portions of the conservation area as they may from time to time determine in accordance with those rules and regulations established for natural area preserves under chapter 79.70 RCW, for natural and conservation areas under present WAC 352-16-020(3) and (6), and under chapter 77.12 RCW.

Sec. 3095   RCW 79A.05.780 and 2000 c 11 s 63 are each amended to read as follows:
     The ((Washington state parks and recreation commission)) department is directed to consult with the Yakima county commissioners in the acquisition, development, and operation of the Yakima river conservation area in accordance with the purposes of RCW 79A.05.750 through 79A.05.795 and the Yakima river study authorized in section 170, chapter 269, Laws of 1975, first extraordinary session.

Sec. 3096   RCW 79A.05.793 and 2000 c 11 s 64 are each amended to read as follows:
     Nothing in RCW 79A.05.750 through 79A.05.795 shall be construed to interfere with the powers, duties, and authority of the ((state)) department ((of fish and wildlife or the state fish and wildlife commission)) to regulate, manage, conserve, and provide for the harvest of wildlife within such area: PROVIDED, HOWEVER, That no hunting shall be permitted in any state park.

Sec. 3097   RCW 46.10.300 and 2010 c 161 s 225 are each reenacted and amended to read as follows:
     The following definitions apply throughout this chapter unless the context clearly requires otherwise.
     (1) "All terrain vehicle" means any self-propelled vehicle other than a snowmobile, capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, and other natural terrain, including, but not limited to, four-wheel vehicles, amphibious vehicles, ground effect or air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind; except any vehicle designed primarily for travel on, over, or in the water, farm vehicles, or any military or law enforcement vehicles.
     (2) (("Commission" means the Washington state parks and recreation commission.
     (3))) "Committee" means the ((Washington state parks and recreation commission)) department of conservation and recreation snowmobile advisory committee.
     (((4))) (3) "Dealer" means a person, partnership, association, or corporation engaged in the business of selling snowmobiles or all terrain vehicles at wholesale or retail in this state.
     (((5))) (4) "Highway" means the entire width of the right-of-way of a primary and secondary state highway, including any portion of the interstate highway system.
     (((6))) (5) "Hunt" means any effort to kill, injure, capture, or disturb a wild animal or wild bird.
     (((7))) (6) "Public roadway" means the entire width of the right-of-way of any road or street designed and ordinarily used for travel or parking of motor vehicles, which is controlled by a public authority other than the Washington state department of transportation, and which is open as a matter of right to the general public for ordinary vehicular traffic.

Sec. 3098   RCW 46.10.320 and 2010 c 161 s 235 and 2010 c 8 s 9004 are each reenacted and amended to read as follows:
     (1) There is created in the ((Washington state parks and recreation commission)) department of conservation and recreation a snowmobile advisory committee to advise the ((commission)) department of conservation and recreation regarding the administration of this chapter.
     (2) The purpose of the committee is to assist and advise the ((commission)) department of conservation and recreation in the planned development of snowmobile facilities and programs.
     (3) The committee shall consist of:
     (a) Six interested snowmobilers, appointed by the ((commission)) director of conservation and recreation; each such member shall be a resident of one of the six geographical areas throughout this state where snowmobile activity occurs, as defined by the ((commission)) department of conservation and recreation;
     (b) Three representatives of the nonsnowmobiling public, appointed by the ((commission)) director of conservation and recreation; and
     (c) One representative of the department of natural resources((, one representative of the department of fish and wildlife,)) and one representative of the Washington state association of counties; each of whom shall be appointed by the director of such department or association.
     (4) Terms of the members appointed under subsection (3)(a) and (b) of this section shall commence on October 1st of the year of appointment and shall be for three years or until a successor is appointed, except in the case of appointments to fill vacancies which shall be for the remainder of the unexpired term: PROVIDED, That the first such members shall be appointed for terms as follows: Three members shall be appointed for one year, three members shall be appointed for two years, and three members shall be appointed for three years.
     (5) Members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Expenditures under this subsection shall be from the snowmobile account created by RCW 46.68.350.
     (6) The committee may meet at times and places fixed by the committee. The committee shall meet not less than twice each year and additionally as required by the committee chair or by majority vote of the committee. One of the meetings shall be coincident with a meeting of the ((commission)) department of conservation and recreation at which the committee shall provide a report to the ((commission)) department of conservation and recreation. The chair of the committee shall be chosen under procedures adopted by the committee from those members appointed under subsection (3)(a) and (b) of this section.
     (7) The ((Washington state parks and recreation commission)) department of conservation and recreation shall serve as recording secretary to the committee. A representative of the department of licensing shall serve as an ex officio member of the committee and shall be notified of all meetings of the committee. The recording secretary and the ex officio member shall be nonvoting members.
     (8) The committee shall adopt procedures to govern its proceedings.

Sec. 3099   RCW 46.10.370 and 1979 ex.s. c 182 s 15 are each amended to read as follows:
     With the exception of the registration and licensing provisions, this chapter shall be administered by the ((Washington state parks and recreation commission)) department of conservation and recreation. The department shall consult with the ((commission)) department of conservation and recreation prior to adopting rules to carry out its duties under this chapter. After consultation with the committee, the ((commission)) department of conservation and recreation shall adopt such rules as may be necessary to carry out its duties under this chapter. Nothing in this chapter is intended to discourage experimental or pilot programs which could enhance snowmobile safety or recreational snowmobiling.

Sec. 3100   RCW 70.114.010 and 1979 ex.s. c 79 s 1 are each amended to read as follows:
     The legislature finds that the migrant labor housing project constructed on property purchased by the state in Yakima county should be continued until June 30, 1981. The employment security department is authorized to set day use or extended period use fees, consistent with those established by the department of ((parks)) conservation and recreation.

Sec. 3101   RCW 79.10.030 and 2003 c 334 s 398 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, the department shall manage and control all lands acquired by the state by escheat or under RCW 79.19.010 through 79.19.110 and all lands acquired by the state by deed of sale or gift or by devise, except such lands which are conveyed or devised to the state to be used for a particular purpose.
     (2) When land is acquired by the state by escheat which because of its location or features may be suitable for park purposes, the department shall notify the ((state parks and recreation commission)) department of conservation and recreation. The department and the ((commission)) department of conservation and recreation shall jointly evaluate the land for its suitability for park purposes, based upon the features of the land and the need for park facilities in the vicinity. Where the department and ((commission)) the department of conservation and recreation determine that such land is suitable for park purposes, it shall be offered for transfer to the ((commission)) department of conservation and recreation, or, in the event that the ((commission)) department of conservation and recreation declines to accept the land, to the local jurisdiction providing park facilities in that area. When so offered, the payment required by the recipient agency shall not exceed the costs incurred by the department in managing and protecting the land since receipt by the state.
     (3) The department may review lands acquired by escheat since January 1, 1983, for their suitability for park purposes, and apply the evaluation and transfer procedures authorized by subsection (2) of this section.

Sec. 3102   RCW 79A.30.010 and 2000 c 11 s 83 are each amended to read as follows:
     ((Unless the context clearly indicates otherwise,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Authority" means the Washington state horse park authority authorized to be created in RCW 79A.30.030.
     (2) (("Commission" means the Washington state parks and recreation commission.)) "Department" means the department of conservation and recreation.
     (3) "Horses" includes all domesticated members of the taxonomic family Equidae, including but not limited to horses, donkeys, and mules.
     (4) "State horse park" means the Washington state horse park established in RCW 79A.30.020.

Sec. 3103   RCW 79A.30.020 and 2000 c 11 s 84 are each amended to read as follows:
     (1) The Washington state horse park is hereby established, to be located at a site approved by the ((commission)) department. In approving a site for the state horse park, the ((commission)) department shall consider areas with large blocks of land suitable for park development, the distance to various population centers in the state, the ease of transportation to the site for large vehicles traveling along either a north-south or an east-west corridor, and other factors deemed important by the ((commission)) department.
     (2) Ownership of land for the state horse park shall be as follows:
     (a) The ((commission)) department is vested with and shall retain ownership of land provided by the state for the state horse park. Any lands acquired by the ((commission)) department after July 23, 1995, for the state horse park shall be purchased under chapter 79A.15 RCW. The legislature encourages the ((commission)) department to provide a long-term lease of the selected property to the Washington state horse park authority at a minimal charge. The lease shall contain provisions ensuring public access to and use of the horse park facilities, and generally maximizing public recreation opportunities at the horse park, provided that the facility remains available primarily for horse-related activities.
     (b) Land provided for the state horse park by the county in which the park is located shall remain in the ownership of that county unless the county determines otherwise. The legislature encourages the county to provide a long-term lease of selected property to the Washington state horse park authority at a minimal charge.
     (c) If the authority acquires additional lands through donations, grants, or other means, or with funds generated from the operation of the state horse park, the authority shall retain ownership of those lands. The authority shall also retain ownership of horse park site improvements paid for by or through donations or gifts to the authority.
     (3) Development, promotion, operation, management, and maintenance of the state horse park is the responsibility of the authority created in RCW 79A.30.030.

Sec. 3104   RCW 79A.30.030 and 2000 c 11 s 85 are each amended to read as follows:
     (1) A nonprofit corporation may be formed under the nonprofit corporation provisions of chapter 24.03 RCW to carry out the purposes of this chapter. Except as provided in RCW 79A.30.040, the corporation shall have all the powers and be subject to the same restrictions as are permitted or prescribed to nonprofit corporations and shall exercise those powers only for carrying out the purposes of this chapter and those purposes necessarily implied therefrom. The nonprofit corporation shall be known as the Washington state horse park authority. The articles of incorporation shall provide that it is the responsibility of the authority to develop, promote, operate, manage, and maintain the Washington state horse park. The articles of incorporation shall provide for appointment of directors and other conduct of business consistent with the requirements of this chapter.
     (2)(a) The articles of incorporation shall provide for a seven-member board of directors for the authority, all appointed by the governor. Board members shall serve three-year terms, except that two of the original appointees shall serve one-year terms, and two of the original appointees shall serve two-year terms. A board member may serve consecutive terms.
     (b) The articles of incorporation shall provide that the governor appoint board members as follows:
     (i) One board member shall represent the interests of the ((commission)) department. In making this appointment, the governor shall solicit recommendations from the ((commission)) department;
     (ii) One board member shall represent the interests of the county in which the park is located. In making this appointment, the governor shall solicit recommendations from the county legislative authority; and
     (iii) Five board members shall represent the geographic and sports discipline diversity of equestrian interests in the state, and at least one of these members shall have business experience relevant to the organization of horse shows or operation of a horse show facility. In making these appointments, the governor shall solicit recommendations from a variety of active horse-related organizations in the state.
     (3) The articles of incorporation shall include a policy that provides for the preferential use of a specific area of the horse park facilities at nominal cost for horse groups associated with youth groups and ((the disabled)) individuals with disabilities.
     (4) The governor shall make appointments to fill board vacancies for positions authorized under subsection (2) of this section, upon additional solicitation of recommendations from the board of directors.
     (5) The board of directors shall perform their duties in the best interests of the authority, consistent with the standards applicable to directors of nonprofit corporations under RCW 24.03.127.

Sec. 3105   RCW 79A.30.050 and 1995 c 200 s 6 are each amended to read as follows:
     (1) If the authority and state agencies find it mutually beneficial to do so, they are authorized to collaborate and cooperate on projects of shared interest. Agencies authorized to collaborate with the authority include but are not limited to: The ((commission)) department for activities and projects related to public recreation; the department of agriculture for projects related to the equine agricultural industry; the department of ((community, trade, and economic development)) commerce with respect to community and economic development and tourism issues associated with development of the state horse park; Washington State University with respect to opportunities for animal research, education, and extension; the department of ecology with respect to opportunities for making the state horse park's waste treatment facilities a demonstration model for the handling of waste to protect water quality; and with local community colleges with respect to programs related to horses, economic development, business, and tourism.
     (2) The authority shall cooperate with 4-H clubs, pony clubs, youth groups, and local park departments to provide youth recreational activities. The authority shall also provide for preferential use of an area of the horse park facility for youth and the disabled at nominal cost.

Sec. 3106   RCW 79A.40.030 and 2000 c 11 s 88 are each amended to read as follows:
     The ((state parks and recreation commission)) department of conservation and recreation shall have the authority and the responsibility for the inspection of the devices set forth in RCW 79A.40.010 and in addition shall have the following powers and duties:
     (1) Whenever the ((commission)) department of conservation and recreation, after hearing called upon its own motion or upon complaint, finds that additional apparatus, equipment, facilities or devices for use or in connection with the transportation or conveyance of persons upon the devices set forth in RCW 79A.40.010, ought reasonably to be provided, or any repairs or improvements to, or changes in, any theretofore in use ought reasonably to be made, or any additions or changes in construction should reasonably be made thereto, in order to promote the security and safety of the public or employees, it may make and serve an order directing such repairs, improvements, changes, or additions to be made.
     (2) If the ((commission)) department of conservation and recreation finds that the equipment, or appliances in connection therewith, or the apparatus, or other structures of the recreational device set forth in RCW 79A.40.010 are defective, and that the operation thereof is dangerous to the employees of the owner or operator of such device or to the public, it shall immediately give notice to the owner or operator of such device of the repairs or reconstruction necessary to place the same in a safe condition, and may prescribe the time within which they shall be made. If, in its opinion, it is needful or proper, the ((commission)) department of conservation and recreation may forbid the operation of the device until it is repaired and placed in a safe condition.

Sec. 3107   RCW 79A.55.010 and 1999 c 249 s 801 and 1999 c 151 s 1701 are each reenacted and amended to read as follows:
     The definitions ((set forth)) in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) (("Commission" means the state parks and recreation commission.)) "Department" means the department of conservation and recreation.
     (2) "Participating local government" means the legislative authority of any city or county, a portion of whose territorial jurisdiction is bounded by or includes a river or river segment of the state's scenic river system.
     (3) "River" means a flowing body of water or a section, segment, or portion thereof.
     (4) "River area" means a river and the land area in its immediate environs as established by the participating agencies not exceeding a width of one-quarter mile landward from the streamway on either side of the river.
     (5) "Scenic easement" means the negotiated right to control the use of land, including the air space above the land, for the purpose of protecting the scenic view throughout the visual corridor.
     (6) "Streamway" means that stream-dependent corridor of single or multiple, wet or dry, channel or channels within which the usual seasonal or storm water run-off peaks are contained, and within which environment the flora, fauna, soil, and topography is dependent on or influenced by the height and velocity of the fluctuating river currents.
     (7) "System" means all the rivers and river areas in the state designated by the legislature for inclusion as scenic rivers but does not include tributaries of a designated river unless specifically included by the legislature. The inclusion of a river in the system does not mean that other rivers or tributaries in a drainage basin shall be required to be part of the management program developed for the system unless the rivers and tributaries within the drainage basin are specifically designated for inclusion by the legislature.
     (8) "Visual corridor" means that area which can be seen in a normal summer month by a person of normal vision walking either bank of a river included in the system. The visual corridor shall not exceed the river area.

Sec. 3108   RCW 79A.60.010 and 2005 c 392 s 2 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Accredited course" means a mandatory course of instruction on boating safety education that has been approved by the ((commission)) department.
     (2) "Boat wastes" includes, but is not limited to, sewage, garbage, marine debris, plastics, contaminated bilge water, cleaning solvents, paint scrapings, or discarded petroleum products associated with the use of vessels.
     (3) "Boater" means any person on a vessel on waters of the state of Washington.
     (4) "Boater education card" means a card issued to a person who has successfully completed a boating safety education test and has paid the registration fee for a serial number record to be maintained in the ((commission's)) department's database.
     (5) "Boating educator" means a person providing an accredited course.
     (6) "Carrying passengers for hire" means carrying passengers in a vessel on waters of the state for valuable consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having an interest in the vessel. This shall not include trips where expenses for food, transportation, or incidentals are shared by participants on an even basis. Anyone receiving compensation for skills or money for amortization of equipment and carrying passengers shall be considered to be carrying passengers for hire on waters of the state.
     (7) "Certificate of accomplishment" means a form of certificate approved by the ((commission)) department and issued by a boating educator to a person who has successfully completed an accredited course.
     (8) (("Commission" means the state parks and recreation commission.)) "Department" means the department of conservation and recreation.
     (9) "Darkness" means that period between sunset and sunrise.
     (10) "Environmentally sensitive area" means a restricted body of water where discharge of untreated sewage from boats is especially detrimental because of limited flushing, shallow water, commercial or recreational shellfish, swimming areas, diversity of species, the absence of other pollution sources, or other characteristics.
     (11) "Guide" means any individual, including but not limited to subcontractors and independent contractors, engaged for compensation or other consideration by a whitewater river outfitter for the purpose of operating vessels. A person licensed under RCW 77.65.480 or 77.65.440 and acting as a fishing guide is not considered a guide for the purposes of this chapter.
     (12) "Marina" means a facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.
     (13) "Motor driven boats and vessels" means all boats and vessels which are self propelled.
     (14) "Motor vessel safety operating and equipment checklist" means a printed list of the safety requirements for a vessel with a motor installed or attached to the vessel being rented, chartered, or leased and meeting minimum requirements adopted by the ((commission)) department in accordance with RCW 79A.60.630.
     (15) "Muffler" or "muffler system" means a sound suppression device or system, including an underwater exhaust system, designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and that prevents excessive or unusual noise.
     (16) "Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.
     (17) "Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.
     (18) "Observer" means the individual riding in a vessel who is responsible for observing a water skier at all times.
     (19) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.
     (20) "Person" means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other legal entity located within or outside this state.
     (21) "Personal flotation device" means a buoyancy device, life preserver, buoyant vest, ring buoy, or buoy cushion that is designed to float a person in the water and that is approved by the ((commission)) department.
     (22) "Personal watercraft" means a vessel of less than sixteen feet that uses a motor powering a water jet pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.
     (23) "Polluted area" means a body of water used by boaters that is contaminated by boat wastes at unacceptable levels, based on applicable water quality and shellfish standards.
     (24) "Public entities" means all elected or appointed bodies, including tribal governments, responsible for collecting and spending public funds.
     (25) "Reckless" or "recklessly" means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety, or property of another.
     (26) "Rental motor vessel" means a motor vessel that is legally owned by a person that is registered as a rental and leasing agency for recreational motor vessels, and for which there is a written and signed rental, charter, or lease agreement between the owner, or owner's agent, of the vessel and the operator of the vessel.
     (27) "Sewage pumpout or dump unit" means:
     (a) A receiving chamber or tank designed to receive vessel sewage from a "porta-potty" or a portable container; and
     (b) A stationary or portable mechanical device on land, a dock, pier, float, barge, vessel, or other location convenient to boaters, designed to remove sewage waste from holding tanks on vessels.
     (28) "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.
     (29) "Vessel" includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, sailboards, and small rafts or flotation devices or toys customarily used by swimmers.
     (30) "Water skiing" means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device.
     (31) "Waters of the state" means any waters within the territorial limits of Washington state.
     (32) "Whitewater river outfitter" means any person who is advertising to carry or carries passengers for hire on any whitewater river of the state, but does not include any person whose only service on a given trip is providing instruction in canoeing or kayaking skills.
     (33) "Whitewater rivers of the state" means those rivers and streams, or parts thereof, within the boundaries of the state as listed in RCW 79A.60.470 or as designated by the ((commission)) department under RCW 79A.60.495.

Sec. 3109   RCW 79A.65.010 and 2002 c 286 s 20 are each amended to read as follows:
     ((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Charges" means charges of the ((commission)) department for moorage and storage, and all other charges related to the vessel and owing to or that become owing to the ((commission)) department, including but not limited to costs of securing, disposing, or removing vessels, damages to any ((commission)) department facility, and any costs of sale and related legal expenses for implementing RCW 79A.65.020 and 79A.65.030.
     (2) (("Commission" means the Washington state parks and recreation commission.)) "Department" means the department of conservation and recreation.
     (3) "((Commission)) Department facility" means any moorage facility, as that term is defined in RCW 53.08.310, owned, leased, operated, managed, or otherwise controlled by the ((commission)) department or by a person pursuant to a contract with the ((commission)) department.
     (4) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest, and shall not include the holder of a bona fide security interest.
     (5) "Person" means any natural person, firm, partnership, corporation, association, organization, or any other entity.
     (6)(a) "Registered owner" means any person that is either: (i) Shown as the owner in a vessel certificate of documentation issued by the secretary of the United States department of transportation under 46 U.S.C. Sec. 12103; or (ii) the registered owner or legal owner of a vessel for which a certificate of title has been issued under chapter 88.02 RCW; or (iii) the owner of a vessel registered under the vessel registration laws of another state under which laws the ((commission)) department can readily identify the ownership of vessels registered with that state.
     (b) "Registered owner" also includes: (i) Any holder of a security interest or lien recorded with the United States department of transportation with respect to a vessel on which a certificate of documentation has been issued; (ii) any holder of a security interest identified in a certificate of title for a vessel registered under chapter 88.02 RCW; or (iii) any holder of a security interest in a vessel where the holder is identified in vessel registration information of a state with vessel registration laws that fall within (a)(iii) of this subsection and under which laws the ((commission)) department can readily determine the identity of the holder.
     (c) "Registered owner" does not include any vessel owner or holder of a lien or security interest in a vessel if the vessel does not have visible information affixed to it (such as name and hailing port or registration numbers) that will enable the ((commission)) department to obtain ownership information for the vessel without incurring unreasonable expense.
     (7) "Registered vessel" means a vessel having a registered owner.
     (8) "Secured vessel" means any vessel that has been secured by the ((commission)) department that remains in the ((commission's)) department's possession and control.
     (9) "Unauthorized vessel" means a vessel using a ((commission)) department facility of any type whose owner has not paid the required moorage fees or has left the vessel beyond the posted time limits, or a vessel otherwise present without permission of the ((commission)) department.
     (10) "Vessel" means every watercraft or part thereof constructed, used, or capable of being used as a means of transportation on the water. It includes any equipment or personal property on the vessel that is used or capable of being used for the operation, navigation, or maintenance of the vessel.

NEW SECTION.  Sec. 3110   (1) The powers, duties, and functions of the parks and recreation commission are hereby transferred to the department of conservation and recreation. All references to the parks and recreation commission in the Revised Code of Washington shall be construed to mean the director or the department of conservation and recreation.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the parks and recreation commission shall be delivered to the custody of the department of conservation and recreation. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the parks and recreation commission shall be made available to the department of conservation and recreation. All funds, credits, or other assets held by the parks and recreation commission shall be assigned to the department of conservation and recreation.
     (b) Any appropriations made to the parks and recreation commission shall, on the effective date of this section, be transferred and credited to the department of conservation and recreation.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All rules and all pending business before the parks and recreation commission shall be continued and acted upon by the department of conservation and recreation. All existing contracts and obligations shall remain in full force and shall be performed by the department of conservation and recreation.
     (4) The transfer of the powers, duties, functions, and personnel of the parks and recreation commission shall not affect the validity of any act performed before the effective date of this section.
     (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (6) All employees of the parks and recreation commission engaged in performing the powers, functions, and duties transferred to the department of conservation and recreation are transferred to the department of conservation and recreation. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of conservation and recreation to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.

NEW SECTION.  Sec. 3111   The following acts or parts of acts are each repealed:
     (1) RCW 79A.05.075 (Delegation of commission's powers and duties to director) and 1999 c 249 s 306 & 1969 ex.s. c 31 s 2;
     (2) RCW 79A.05.300 (Establishment of urban area state parks by parks and recreation commission) and 2000 c 11 s 37 & 1980 c 89 s 4; and
     (3) RCW 79A.05.315 (Milwaukee Road corridor -- Transfer of management control to commission) and 1989 c 129 s 1 & 1984 c 174 s 2.

NEW SECTION.  Sec. 3112   The consolidation directed pursuant to sections 3001 through 3111 of this act takes effect July 1, 2012.

Sec. 4001   RCW 79A.25.005 and 2007 c 241 s 39 are each amended to read as follows:
     (1) As Washington begins its second century of statehood, the legislature recognizes that renewed efforts are needed to preserve, conserve, and enhance the state's recreational resources. Rapid population growth and increased urbanization have caused a decline in suitable land for recreation and resulted in overcrowding and deterioration of existing facilities. Lack of adequate recreational resources directly affects the health and well-being of all citizens of the state, reduces the state's economic viability, and prevents Washington from maintaining and achieving the quality of life that it deserves.
     It is therefore the policy of the state and its agencies to preserve, conserve, and enhance recreational resources and open space. In carrying out this policy, the mission of the recreation and conservation funding board and ((its office)) the department of conservation and recreation is to (a) create and work actively for the implementation of a unified statewide strategy for meeting the recreational needs of Washington's citizens, (b) represent and promote the interests of the state on recreational issues in concert with other state and local agencies and the governor, (c) encourage and provide interagency and regional coordination, and interaction between public and private organizations, (d) administer recreational grant-in-aid programs and provide technical assistance, and (e) serve as a repository for information, studies, research, and other data relating to recreation.
     (2) Washington is uniquely endowed with fresh and salt waters rich in scenic and recreational value. This outdoor heritage enriches the lives of citizens, attracts new residents and businesses to the state, and is a major support of its expanding tourist industry. Rising population, increased income and leisure time, and the rapid growth of boating and other water sports have greatly increased the demand for water related recreation, while waterfront land is rapidly rising in value and disappearing from public use. There is consequently an urgent need for the acquisition or improvement of waterfront land on fresh and salt water suitable for marine recreational use by Washington residents and visitors. To meet this need, it is necessary and proper that the portion of motor vehicle fuel taxes paid by boat owners and operators on fuel consumed in their watercraft and not reclaimed as presently provided by law should be expended for the acquisition or improvement of marine recreation land on the Pacific Ocean, Puget Sound, bays, lakes, rivers, reservoirs and other fresh and salt waters of the state.

Sec. 4002   RCW 79A.25.010 and 2007 c 241 s 40 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Marine recreation land" means any land with or without improvements which (a) provides access to, or in whole or in part borders on, fresh or salt water suitable for recreational use by watercraft, or (b) may be used to create, add to, or make more usable, bodies of water, waterways, or land, for recreational use by watercraft.
     (2) "Public body" means any county, city, town, port district, park and recreation district, metropolitan park district, or other municipal corporation which is authorized to acquire or improve public outdoor recreation land, and shall also mean Indian tribes now or hereafter recognized as such by the federal government for participation in the land and water conservation program.
     (3) "Tax on marine fuel" means motor vehicle fuel tax which is (a) tax on fuel used in, or sold or distributed for use in, any watercraft, (b) refundable pursuant to chapter 82.36 RCW, and (c) paid to the director of licensing with respect to taxable sales, distributions, or uses occurring on or after December 3, 1964.
     (4) "Watercraft" means any boat, vessel, or other craft used for navigation on or through water.
     (5) "Board" means the recreation and conservation funding board.
     (6) "Director" means the director of the ((recreation and conservation office)) department of conservation and recreation.
     (7) (("Office," "recreation and conservation office," or "the office of recreation and conservation" means)) "Department" means the department of conservation and recreation, the state agency responsible for administration of programs and activities of the recreation and conservation funding board, the salmon recovery funding board, the invasive species council, and such other duties or boards, councils, or advisory groups as are or may be established or directed for administrative placement in the ((agency)) department.
     (8) "Council" means the Washington invasive species council created in RCW 79A.25.310.

Sec. 4003   RCW 79A.25.020 and 2007 c 241 s 41 are each amended to read as follows:
     The director shall have the following powers and duties:
     (1) To supervise the administrative operations of the boards((, office,)) and ((their)) staff that implement this chapter;
     (2) To administer recreation and conservation grant-in-aid programs and contracts, and provide technical assistance to state and local agencies;
     (3) To prepare and update a strategic plan for the acquisition, renovation, and development of recreational resources and the preservation and conservation of open space. The plan shall be prepared in coordination with the office of the governor and the office of financial management, with participation of federal, state, and local agencies having recreational responsibilities, user groups, private sector interests, and the general public. The plan shall be submitted to the recreation and conservation funding board for review, and the board shall submit its recommendations on the plan to the governor. The plan shall include, but is not limited to: (a) An inventory of current resources; (b) a forecast of recreational resource demand; (c) identification and analysis of actual and potential funding sources; (d) a process for broad scale information gathering; (e) an assessment of the capabilities and constraints, both internal and external to state government, that affect the ability of the state to achieve the goals of the plan; (f) an analysis of strategic options and decisions available to the state; (g) an implementation strategy that is coordinated with executive policy and budget priorities; and (h) elements necessary to qualify for participation in or the receipt of aid from any federal program for outdoor recreation;
     (4) To represent and promote the interests of the state on recreational issues and further the mission of the board ((and office));
     (5) Upon approval of the relevant board, to enter into contracts and agreements with private nonprofit corporations to further state goals of preserving, conserving, and enhancing recreational resources and open space for the public benefit and use;
     (6) To appoint such technical and other committees as may be necessary to carry out the purposes of this chapter;
     (7) To create and maintain a repository for data, studies, research, and other information relating to recreation and conservation resources in the state, and to encourage the interchange of such information;
     (8) To encourage and provide opportunities for interagency and regional coordination and cooperative efforts between public agencies and between public and private entities involved in the development and preservation of recreational and conservation resources; and
     (9) To prepare the state trails plan, as required by RCW 79A.35.040.

Sec. 4004   RCW 79A.25.110 and 2007 c 241 s 47 are each amended to read as follows:
     There is created the recreation and conservation funding board, within the department of conservation and recreation, consisting of the commissioner of public lands((, the director of parks and recreation, and the director of fish and wildlife, or their designees,)) and, by appointment of the governor with the advice and consent of the senate, five members from the public at large who have a demonstrated interest in and a general knowledge of outdoor recreation and conservation in the state. The terms of members appointed from the public at large shall commence on January 1st of the year of appointment and shall be for three years or until a successor is appointed, except in the case of appointments to fill vacancies which shall be for the remainder of the unexpired term. The governor shall appoint one of the members from the public at large to serve as chair of the board for the duration of the member's term. Members employed by the state shall serve without additional pay and participation in the work of the board shall be deemed performance of their employment. Members from the public at large shall be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement individually for travel expenses incurred in performance of their duties as members of the board in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION.  Sec. 4005   A new section is added to chapter 79A.25 RCW to read as follows:
     (1) It is the intent of the legislature that a proper barrier be maintained between the board and the department in matters affecting the department as either a grant applicant or grant recipient, or both.
     (2) For those grant award and management issues where the department is either a grant applicant or grant recipient, or both, including but not limited to issues of project scope changes, deed restrictions, conversions, and time extensions, the board shall have independent and final decision-making authority. The board shall adopt written policies and procedures by July 1, 2012, to implement this section.

Sec. 4006   RCW 79A.25.150 and 2010 c 128 s 7 are each amended to read as follows:
     When requested by the board, members employed by the state shall furnish assistance to the board from their departments for the analysis and review of proposed plans and projects, and such assistance shall be a proper charge against the appropriations to the several agencies represented on the board. Assistance may be in the form of money, personnel, or equipment and supplies, whichever is most suitable to the needs of the board.
     ((The director of the recreation and conservation office shall be appointed by, and serve at the pleasure of, the governor. The governor shall select the director from a list of three candidates submitted by the board. However, the governor may request and the board shall provide an additional list or lists from which the governor may select the director. The director shall have background and experience in the areas of recreation and conservation management and policy. The director shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. The director shall appoint such personnel as may be necessary to carry out the duties of the office. Not more than three employees appointed by the director shall be exempt from the provisions of chapter 41.06 RCW.))

Sec. 4007   RCW 79A.25.220 and 2007 c 241 s 55 are each amended to read as follows:
     (1) A ten-member firearms range advisory committee is hereby created to provide advice and counsel to the board. The members shall be appointed by the director ((of the recreation and conservation office)) from the following groups:
     (a) Law enforcement;
     (b) Washington military department;
     (c) Black powder shooting sports;
     (d) Rifle shooting sports;
     (e) Pistol shooting sports;
     (f) Shotgun shooting sports;
     (g) Archery shooting sports;
     (h) Hunter education;
     (i) Hunters; and
     (j) General public.
     (2) The firearms range advisory committee members shall serve two-year terms with five new members being selected each year beginning with the third year of the committee's existence. The firearms range advisory committee members shall not receive compensation from the firearms range account. However, travel and per diem costs shall be paid consistent with regulations for state employees.
     (3) The ((office)) department shall provide administrative, operational, and logistical support for the firearms range advisory committee. Expenses directly incurred for supporting this program may be charged by the ((office)) department against the firearms range account. Expenses shall not exceed ten percent of the yearly income for the range account.
     (4) The board shall in cooperation with the firearms range advisory committee:
     (a) Develop an application process;
     (b) Develop an audit and accountability program;
     (c) Screen, prioritize, and approve grant applications; and
     (d) Monitor compliance by grant recipients.
     (5) The department of natural resources((, the department of fish and wildlife,)) and the Washington military department are encouraged to provide land, facilitate land exchanges, and support the development of shooting range facilities.

Sec. 4008   RCW 79A.25.240 and 2009 c 345 s 13 are each amended to read as follows:
     The ((recreation and conservation office)) department shall provide necessary grants and loan administration support to the salmon recovery funding board as provided in RCW 77.85.120. The ((office)) department shall also be responsible for tracking salmon recovery expenditures under RCW 77.85.140. The ((office)) department shall provide all necessary administrative support to the salmon recovery funding board, and the salmon recovery funding board shall be located with the ((office)) department.

Sec. 4009   RCW 79A.25.830 and 2007 c 241 s 60 are each amended to read as follows:
     The recreation and conservation funding board or ((office)) the department may receive gifts, grants, or endowments from public and private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of RCW 79A.25.800 through 79A.25.830 and spend gifts, grants, or endowments or income from the public or private sources according to their terms, unless the receipt of the gifts, grants, or endowments violates RCW 42.17.710.

NEW SECTION.  Sec. 4010   Section 82, chapter 11, Laws of 2000; section 60, chapter 241, Laws of 2007; and section 4009 of this act expire one year after RCW 82.14.0494 expires.

Sec. 4011   RCW 43.21J.030 and 2007 c 341 s 62 and 2007 c 241 s 4 are each reenacted and amended to read as follows:
     (1) There is created the environmental enhancement and job creation task force within the office of the governor. The purpose of the task force is to provide a coordinated and comprehensive approach to implementation of chapter 516, Laws of 1993. The task force shall consist of the commissioner of public lands, the director of the department of ((fish and wildlife)) conservation and recreation, the director of the department of ecology, ((the director of the parks and recreation commission,)) the timber team coordinator, the executive director of the workforce training and education coordinating board, and the executive director of the Puget Sound partnership, or their designees. The task force may seek the advice of the following agencies and organizations: The department of ((community, trade, and economic development)) commerce, the conservation commission, the employment security department, the ((recreation and conservation office)) department of conservation and recreation, appropriate federal agencies, appropriate special districts, the Washington state association of counties, the association of Washington cities, labor organizations, business organizations, timber-dependent communities, environmental organizations, and Indian tribes. The governor shall appoint the task force chair. Members of the task force shall serve without additional pay. Participation in the work of the committee by agency members shall be considered in performance of their employment. The governor shall designate staff and administrative support to the task force and shall solicit the participation of agency personnel to assist the task force.
     (2) The task force shall have the following responsibilities:
     (a) Soliciting and evaluating, in accordance with the criteria set forth in RCW 43.21J.040, requests for funds from the environmental and forest restoration account and making distributions from the account. The task force shall award funds for projects and training programs it approves and may allocate the funds to state agencies for disbursement and contract administration;
     (b) Coordinating a process to assist state agencies and local governments to implement effective environmental and forest restoration projects funded under this chapter;
     (c) Considering unemployment profile data provided by the employment security department.
     (3) Beginning July 1, 1994, the task force shall have the following responsibilities:
     (a) To solicit and evaluate proposals from state and local agencies, private nonprofit organizations, and tribes for environmental and forest restoration projects;
     (b) To rank the proposals based on criteria developed by the task force in accordance with RCW 43.21J.040; and
     (c) To determine funding allocations for projects to be funded from the account created in RCW 43.21J.020 and for projects or programs as designated in the omnibus operating and capital appropriations acts.

Sec. 4012   RCW 43.41.270 and 2009 c 345 s 12 are each amended to read as follows:
     (1) The office of financial management shall assist natural resource-related agencies in developing outcome-focused performance measures for administering natural resource-related and environmentally based grant and loan programs. These performance measures are to be used in determining grant eligibility, for program management and performance assessment.
     (2) The office of financial management and the ((recreation and conservation office)) department of conservation and recreation shall assist natural resource-related agencies in developing recommendations for a monitoring program to measure outcome-focused performance measures required by this section. The recommendations must be consistent with the framework and coordinated monitoring strategy developed by the monitoring oversight committee established in RCW 77.85.210.
     (3) Natural resource agencies shall consult with grant or loan recipients including local governments, tribes, nongovernmental organizations, and other interested parties, and report to the office of financial management on the implementation of this section.
     (4) For purposes of this section, "natural resource-related agencies" include the department of ecology, the department of natural resources, ((the department of fish and wildlife,)) the state conservation commission, the ((recreation and conservation funding board)) department of conservation and recreation, the salmon recovery funding board, and the public works board within the department of ((community, trade, and economic development)) commerce.
     (5) For purposes of this section, "natural resource-related environmentally based grant and loan programs" includes the conservation reserve enhancement program; dairy nutrient management grants under chapter 90.64 RCW; state conservation commission water quality grants under chapter 89.08 RCW; coordinated prevention grants, public participation grants, and remedial action grants under RCW 70.105D.070; water pollution control facilities financing under chapter 70.146 RCW; aquatic lands enhancement grants under RCW 79.105.150; habitat grants under the Washington wildlife and recreation program under RCW 79A.15.040; salmon recovery grants under chapter 77.85 RCW; and the public works trust fund program under chapter 43.155 RCW. The term also includes programs administered by the department of ((fish and wildlife)) conservation and recreation related to protection or recovery of fish stocks which are funded with moneys from the capital budget.

Sec. 4013   RCW 43.60A.150 and 2007 c 451 s 2 and 2007 c 241 s 6 are each reenacted and amended to read as follows:
     (1) The Washington veterans conservation corps is created. The department shall establish enrollment procedures for the program. Enrollees may choose to participate in either or both the volunteer projects list authorized in subsection (2) of this section, and the training, certification, and placement program authorized in RCW 43.60A.151.
     (2) The department shall create a list of veterans who are interested in working on projects that restore Washington's natural habitat. The department shall promote the opportunity to volunteer for the veterans conservation corps through its local counselors and representatives. Only veterans who grant their approval may be included on the list. The department shall consult with the salmon recovery board, the recreation and conservation funding board, the department of natural resources, ((the department of fish and wildlife, and the state parks and recreation commission)), and the department of conservation and recreation to determine the most effective ways to market the veterans conservation corps to agencies and local sponsors of habitat restoration projects.

Sec. 4014   RCW 43.99N.060 and 2009 c 497 s 6026 are each amended to read as follows:
     (1) The stadium and exhibition center account is created in the custody of the state treasurer. All receipts from the taxes imposed under RCW 82.14.0494 and distributions under RCW 67.70.240(5) shall be deposited into the account. Only the director of the office of financial management or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW. An appropriation is not required for expenditures from this account.
     (2) Until bonds are issued under RCW 43.99N.020, up to five million dollars per year beginning January 1, 1999, shall be used for the purposes of subsection (3)(b) of this section, all remaining moneys in the account shall be transferred to the public stadium authority, created under RCW 36.102.020, to be used for public stadium authority operations and development of the stadium and exhibition center.
     (3) After bonds are issued under RCW 43.99N.020, all moneys in the stadium and exhibition center account shall be used exclusively for the following purposes in the following priority:
     (a) On or before June 30th of each year, the office of financial management shall accumulate in the stadium and exhibition center account an amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and interest on the bonds issued under RCW 43.99N.020;
     (b) An additional reserve amount not in excess of the expected average annual principal and interest requirements of bonds issued under RCW 43.99N.020 shall be accumulated and maintained in the account, subject to withdrawal by the state treasurer at any time if necessary to meet the requirements of (a) of this subsection, and, following any withdrawal, reaccumulated from the first tax revenues and other amounts deposited in the account after meeting the requirements of (a) of this subsection; and
     (c) The balance, if any, shall be transferred to the youth athletic facility account under subsection (4) of this section.
     Any revenues derived from the taxes authorized by RCW 36.38.010(5) and 36.38.040 or other amounts that if used as provided under (a) and (b) of this subsection would cause the loss of any tax exemption under federal law for interest on bonds issued under RCW 43.99N.020 shall be deposited in and used exclusively for the purposes of the youth athletic facility account and shall not be used, directly or indirectly, as a source of payment of principal of or interest on bonds issued under RCW 43.99N.020, or to replace or reimburse other funds used for that purpose.
     (4) Any moneys in the stadium and exhibition center account not required or permitted to be used for the purposes described in subsection (3)(a) and (b) of this section shall be deposited in the youth athletic facility account hereby created in the state treasury. Expenditures from the account may be used only for purposes of grants or loans to cities, counties, and qualified nonprofit organizations for community outdoor athletic facilities. Only the director of the ((recreation and conservation office)) department of conservation and recreation or the director's designee may authorize expenditures from the account, subject to approval by the recreation and conservation funding board. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. The athletic facility grants or loans may be used for acquiring, developing, equipping, maintaining, and improving community outdoor athletic facilities. Funds shall be divided equally between the development of new community outdoor athletic facilities, the improvement of existing community outdoor athletic facilities, and the maintenance of existing community outdoor athletic facilities. Cities, counties, and qualified nonprofit organizations must submit proposals for grants or loans from the account. To the extent that funds are available, cities, counties, and qualified nonprofit organizations must meet eligibility criteria as established by the director of the ((recreation and conservation office)) department of conservation and recreation. The grants and loans shall be awarded on a competitive application process and the amount of the grant or loan shall be in proportion to the population of the city or county for where the community outdoor athletic facility is located. Grants or loans awarded in any one year need not be distributed in that year. In the 2009-2011 biennium, if there are not enough project applications submitted in a category within the account to meet the requirement of equal distribution of funds to each category, the director of the recreation and conservation office may distribute any remaining funds to other categories within the account. The director of the ((recreation and conservation office)) department of conservation and recreation may expend up to one and one-half percent of the moneys deposited in the account created in this subsection for administrative purposes.

Sec. 4015   RCW 46.09.530 and 2010 c 161 s 223 are each amended to read as follows:
     (1) After deducting administrative expenses and the expense of any programs conducted under this chapter, the board shall, at least once each year, distribute the funds it receives under RCW 46.68.045 and 46.09.520 to state agencies, counties, municipalities, federal agencies, nonprofit off-road vehicle organizations, and Indian tribes. Funds distributed under this section to nonprofit off-road vehicle organizations may be spent only on projects or activities that benefit off-road vehicle recreation on lands once publicly owned that come into private ownership in a federally approved land exchange completed between January 1, 1998, and January 1, 2005.
     (2) The board shall adopt rules governing applications for funds administered by the ((recreation and conservation office)) department of conservation and recreation under this chapter and shall determine the amount of money distributed to each applicant. Agencies receiving funds under this chapter for capital purposes shall consider the possibility of contracting with the ((state parks and recreation commission)) department of conservation and recreation, the department of natural resources, or other federal, state, and local agencies to employ the youth development and conservation corps or other youth crews in completing the project.
     (3) The board shall require each applicant for acquisition or development funds under this section to comply with the requirements of either the state environmental policy act, chapter 43.21C RCW, or the national environmental policy act (42 U.S.C. Sec. 4321 et seq.).

Sec. 4016   RCW 77.85.020 and 2009 c 345 s 4 are each amended to read as follows:
     (1) ((Beginning December 2010, the recreation and conservation office)) The governor's salmon recovery office shall produce a biennial report on the statewide status of salmon recovery and watershed health, summarize projects and programs funded by the salmon recovery funding board, and summarize progress as measured by high-level indicators and state agency compliance with applicable protocols established by the forum for monitoring salmon recovery and watershed health. The report must be a consolidation of the current reporting activities, including the salmon recovery funding board and the forum on monitoring salmon recovery and watershed health, on the status of salmon recovery and watershed health in Washington state, in accordance with RCW 77.85.250(8). The report shall also include a high-level status report on watershed planning efforts under chapter 90.82 RCW as summarized by the department of ecology and on salmon recovery and watershed planning as summarized by the Puget Sound partnership. The report's introduction must include a list of high-level questions related to the status of watershed health and salmon recovery to help decision makers and the public respond to salmon recovery and watershed health management needs.
     (2) The department, the department of ecology, the department of natural resources, and the ((state conservation commission)) department of agriculture shall provide to the ((recreation and conservation office)) governor's salmon recovery office information requested by the office necessary to prepare the consolidated report on salmon recovery and watershed health.

Sec. 4017   RCW 77.85.030 and 2009 c 345 s 2 are each amended to read as follows:
     (1) The governor's salmon recovery office shall coordinate state strategy to allow for salmon recovery to healthy sustainable population levels with productive commercial and recreational fisheries. A primary purpose of the office is to coordinate and assist in the development, implementation, and revision of regional salmon recovery plans as an integral part of a statewide strategy developed consistent with the guiding principles and procedures under RCW 77.85.150.
     (2) The governor's salmon recovery office is also responsible for maintaining the statewide salmon recovery strategy to reflect applicable provisions of regional recovery plans, habitat protection and restoration plans, water quality plans, and other private, local, regional, state agency and federal plans, projects, and activities that contribute to salmon recovery.
     (3) The governor's salmon recovery office shall also work with regional salmon recovery organizations on salmon recovery issues in order to ensure a coordinated and consistent statewide approach to salmon recovery and shall work with federal agencies to accomplish implementation of federal commitments in the recovery plans.
     (4) The governor's salmon recovery office may also:
     (a) Assist state agencies, local governments, landowners, and other interested parties in obtaining federal assurances that plans, programs, or activities are consistent with fish recovery under the federal endangered species act;
     (b) Act as liaison to local governments, the state congressional delegation, the United States congress, federally recognized tribes, and the federal executive branch agencies for issues related to the state's salmon recovery plans;
     (c) Provide periodic reports pursuant to RCW 77.85.020;
     (d) Provide, as appropriate, technical and administrative support to science panels on issues pertaining to salmon recovery;
     (e) In cooperation with the regional recovery organizations, prepare a timeline and implementation plan that, together with a schedule and recommended budget, identifies specific actions in regional recovery plans for state agency actions and assistance necessary to implement local and regional recovery plans; and
     (f) As necessary, provide recommendations to the legislature that would further the success of salmon recovery, including recommendations for state agency actions in the succeeding biennium and state financial and technical assistance for projects and activities to be undertaken in local and regional salmon recovery plans. The recommendations may include:
     (i) The need to expand or improve nonregulatory programs and activities; and
     (ii) The need for state funding assistance to recovery activities and projects.
     (5) For administrative purposes, the governor's salmon recovery office is located within the ((recreation and conservation office)) department of conservation and recreation.

Sec. 4018   RCW 77.85.050 and 2009 c 345 s 3 and 2009 c 333 s 25 are each reenacted and amended to read as follows:
     (1)(a) Counties, cities, and tribal governments must jointly designate, by resolution or by letters of support, the area for which a habitat project list is to be developed and the lead entity that is to be responsible for submitting the habitat project list. No project included on a habitat project list shall be considered mandatory in nature and no private landowner may be forced or coerced into participation in any respect. The lead entity may be a county, city, conservation district, special district, tribal government, regional recovery organization, or other entity.
     (b) The lead entity shall establish a committee that consists of representative interests of counties, cities, conservation districts, tribes, environmental groups, business interests, landowners, citizens, volunteer groups, regional fish enhancement groups, and other habitat interests. The purpose of the committee is to provide a citizen-based evaluation of the projects proposed to promote salmon habitat.
     (c) The committee shall compile a list of habitat projects, establish priorities for individual projects, define the sequence for project implementation, and submit these activities as the habitat project list. The committee shall also identify potential federal, state, local, and private funding sources.
     (2) The area covered by the habitat project list must be based, at a minimum, on a WRIA, combination of WRIAs, or any other area as agreed to by the counties, cities, and tribes in resolutions or in letters of support meeting the requirements of this subsection. Preference will be given to projects in an area that contain a salmon species that is listed or proposed for listing under the federal endangered species act.
     (3) The lead entity shall submit the habitat project list to the salmon recovery funding board in accordance with procedures adopted by the board.
     (4) The ((recreation and conservation office)) department of conservation and recreation shall administer funding to support the functions of lead entities.

Sec. 4019   RCW 77.85.110 and 2007 c 241 s 20 are each amended to read as follows:
     (1) The salmon recovery funding board is created consisting of ((ten)) nine members.
     (2) Five members of the board shall be voting members who are appointed by the governor, subject to confirmation by the senate. One of these voting members shall be a cabinet-level appointment as the governor's representative to the board. Board members who represent the general public shall not have a financial or regulatory interest in salmon recovery. The governor shall appoint one of the general public members of the board as the chair. The voting members of the board shall be appointed for terms of four years, except that two members initially shall be appointed for terms of two years and three members shall initially be appointed for terms of three years. In making the appointments, the governor shall seek a board membership that collectively provide the expertise necessary to provide strong fiscal oversight of salmon recovery expenditures, and that provide extensive knowledge of local government processes and functions and an understanding of issues relevant to salmon recovery in Washington state. The governor shall appoint at least three of the voting members of the board no later than ninety days after July 1, 1999. Vacant positions on the board shall be filled in the same manner as the original appointments. The governor may remove members of the board for good cause.
     In addition to the five voting members of the board, the following ((five)) four state officials shall serve as ex officio nonvoting members of the board: The director of the department ((of fish and wildlife, the executive director of the conservation commission)) of conservation and recreation, the secretary of transportation, the director of the department of ecology, and the commissioner of public lands. The state officials serving in an ex officio capacity may designate a representative of their respective agencies to serve on the board in their behalf. Such designations shall be made in writing and in such manner as is specified by the board.
     (3) Staff support to the board shall be provided by the ((recreation and conservation office)) department of conservation and recreation. For administrative purposes, the board shall be located with the ((recreation and conservation office)) department of conservation and recreation.
     (4) Members of the board who do not represent state agencies shall be compensated as provided by RCW 43.03.250. Members of the board shall be reimbursed for travel expenses as provided by RCW 43.03.050 and 43.03.060.

Sec. 4020   RCW 77.85.120 and 2007 c 241 s 21 are each amended to read as follows:
     (1) The salmon recovery funding board is responsible for making grants and loans for salmon habitat projects and salmon recovery activities from the amounts appropriated to the board for this purpose. To accomplish this purpose the board may:
     (a) Provide assistance to grant applicants regarding the procedures and criteria for grant and loan awards;
     (b) Make and execute all manner of contracts and agreements with public and private parties as the board deems necessary, consistent with the purposes of this chapter;
     (c) Accept any gifts, grants, or loans of funds, property, or financial or other aid in any form from any other source on any terms that are not in conflict with this chapter;
     (d) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter; and
     (e) Do all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter.
     (2) The ((recreation and conservation office)) department of conservation and recreation shall provide all necessary grants and loans administration assistance to the board, and shall distribute funds as provided by the board in RCW 77.85.130.

NEW SECTION.  Sec. 4021   A new section is added to chapter 77.85 RCW to read as follows:
     (1) It is the intent of the legislature that a proper barrier be maintained between the recreation and conservation funding board and the department in matters affecting the department as either a grant applicant or grant recipient, or both.
     (2) For those grant award and management issues where the department is either a grant applicant or grant recipient, or both, including but not limited to issues of project scope changes, deed restrictions, conversions, and time extensions, the recreation and conservation funding board shall have independent and final decision-making authority. The recreation and conservation funding board shall adopt written policies and procedures by July 1, 2012, to implement this section.

Sec. 4022   RCW 77.85.140 and 2009 c 518 s 9 and 2009 c 345 s 8 are each reenacted and amended to read as follows:
     (1) Habitat project lists shall be submitted to the salmon recovery funding board for funding at least once a year on a schedule established by the board. The board shall provide the legislature with a list of the proposed projects and a list of the projects funded by October 1st of each year for informational purposes. Project sponsors who complete salmon habitat projects approved for funding from habitat project lists and have met grant application deadlines will be paid by the salmon recovery funding board within thirty days of project completion.
     (2) The ((recreation and conservation office)) department of conservation and recreation shall track all funds allocated for salmon habitat projects and salmon recovery activities on behalf of the board, including both funds allocated by the board and funds allocated by other state or federal agencies for salmon recovery or water quality improvement.

Sec. 4023   RCW 84.34.055 and 2007 c 241 s 73 are each amended to read as follows:
     (1)(a) The county legislative authority may direct the county planning commission to set open space priorities and adopt, after a public hearing, an open space plan and public benefit rating system for the county. The plan shall consist of criteria for determining eligibility of lands, the process for establishing a public benefit rating system, and an assessed valuation schedule. The assessed valuation schedule shall be developed by the county assessor and shall be a percentage of market value based upon the public benefit rating system. The open space plan, the public benefit rating system, and the assessed valuations schedule shall not be effective until approved by the county legislative authority after at least one public hearing: PROVIDED, That any county which has complied with the procedural requisites of chapter 393, Laws of 1985, prior to July 28, 1985, need not repeat those procedures in order to adopt an open space plan pursuant to chapter 393, Laws of 1985.
     (b) County legislative authorities, in open space plans, public benefit rating systems, and assessed valuation schedules, shall give priority consideration to lands used for buffers that are planted with or primarily contain native vegetation.
     (c) "Priority consideration" as used in this section may include, but is not limited to, establishing classification eligibility and maintenance criteria for buffers meeting the requirements of (b) of this subsection.
     (d) County legislative authorities shall meet the requirements of (b) of this subsection no later than July 1, 2006, unless buffers already receive priority consideration in the existing open space plans, public benefit rating systems, and assessed valuation schedules.
     (2) In adopting an open space plan, recognized sources shall be used unless the county does its own survey of important open space priorities or features, or both. Recognized sources include but are not limited to the natural heritage database; the state office of historic preservation; the ((recreation and conservation office)) department of conservation and recreation inventory of dry accretion beach and shoreline features; state, national, county, or city registers of historic places; the shoreline master program; or studies by the ((parks and recreation commission and by the departments of fish and wildlife and)) department of natural resources. Features and sites may be verified by an outside expert in the field and approved by the appropriate state or local agency to be sent to the county legislative authority for final approval as open space.
     (3) When the county open space plan is adopted, owners of open space lands then classified under this chapter shall be notified in the same manner as is provided in RCW 84.40.045 of their new assessed value. These lands may be removed from classification, upon request of owner, without penalty within thirty days of notification of value.
     (4) The open space plan and public benefit rating system under this section may be adopted for taxes payable in 1986 and thereafter.

NEW SECTION.  Sec. 4024   (1) The powers, duties, and functions of the recreation and conservation office are hereby transferred to the department of conservation and recreation. All references to the recreation and conservation office in the Revised Code of Washington shall be construed to mean the director or the department of conservation and recreation.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the recreation and conservation office shall be delivered to the custody of the department of conservation and recreation. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the recreation and conservation office shall be made available to the department of conservation and recreation. All funds, credits, or other assets held by the recreation and conservation office shall be assigned to the department of conservation and recreation.
     (b) Any appropriations made to the recreation and conservation office shall, on the effective date of this section, be transferred and credited to the department of conservation and recreation.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All rules and all pending business before the recreation and conservation office shall be continued and acted upon by the department of conservation and recreation. All existing contracts and obligations shall remain in full force and shall be performed by the office of conservation and recreation.
     (4) The transfer of the powers, duties, functions, and personnel of the recreation and conservation office shall not affect the validity of any act performed before the effective date of this section.
     (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (6) All employees of the recreation and conservation office engaged in performing the powers, functions, and duties transferred to the department of conservation and recreation, are transferred to the department of conservation and recreation. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of conservation and recreation to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.

NEW SECTION.  Sec. 4025   The consolidation directed pursuant to sections 4001 through 4024 of this act takes effect July 1, 2012.

Sec. 5001   RCW 17.15.020 and 1997 c 357 s 3 are each amended to read as follows:
     Each of the following state agencies or institutions shall implement integrated pest management practices when carrying out the agency's or institution's duties related to pest control:
     (1) The department of agriculture;
     (2) The state noxious weed control board;
     (3) The department of ecology;
     (4) The department of ((fish and wildlife)) conservation and recreation;
     (5) The department of transportation;
     (6) ((The parks and recreation commission;
     (7))) The department of natural resources;
     (((8))) (7) The department of corrections;
     (((9))) (8) The department of general administration; and
     (((10))) (9) Each state institution of higher education, for the institution's own building and grounds maintenance.

Sec. 5002   RCW 17.26.020 and 2003 c 39 s 10 are each amended to read as follows:
     (1) Facilitating the control of spartina and purple loosestrife is a high priority for all state agencies.
     (2) The department of natural resources is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the department of natural resources.
     (3) The department of ((fish and wildlife)) conservation and recreation is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the department of ((fish and wildlife)) conservation and recreation.
     (4) ((The state parks and recreation commission is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the state parks and recreation commission.
     (5))) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this chapter, RCW 90.48.020, 90.58.030, and ((77.55.150)) 77.55.081:
     (a) "Spartina" means Spartina alterniflora, Spartina anglica, Spartina x townsendii, and Spartina patens.
     (b) "Purple loosestrife" means Lythrum salicaria and Lythrum virgatum.
     (c) "Aquatic noxious weed" means an aquatic weed on the state noxious weed list adopted under RCW 17.10.080.

Sec. 5003   RCW 19.02.050 and 1997 c 391 s 11 are each amended to read as follows:
     The legislature hereby directs the full participation by the following agencies in the implementation of this chapter:
     (1) Department of agriculture;
     (2) Secretary of state;
     (3) Department of social and health services;
     (4) Department of revenue;
     (5) Department of ((fish and wildlife)) conservation and recreation;
     (6) ((Department of)) Employment security department;
     (7) Department of labor and industries;
     (8) Department of ((community, trade, and economic development)) commerce;
     (9) Liquor control board;
     (10) Department of health;
     (11) Department of licensing;
     (12) ((Parks and recreation commission;
     (13))) Utilities and transportation commission; and
     (((14))) (13) Other agencies as determined by the governor.

Sec. 5004   RCW 39.04.155 and 2009 c 74 s 1 are each amended to read as follows:
     (1) This section provides uniform small works roster provisions to award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property that may be used by state agencies and by any local government that is expressly authorized to use these provisions. These provisions may be used in lieu of other procedures to award contracts for such work with an estimated cost of three hundred thousand dollars or less. The small works roster process includes the limited public works process authorized under subsection (3) of this section and any local government authorized to award contracts using the small works roster process under this section may award contracts using the limited public works process under subsection (3) of this section.
     (2)(a) A state agency or authorized local government may create a single general small works roster, or may create a small works roster for different specialties or categories of anticipated work. Where applicable, small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor. The small works roster or rosters shall consist of all responsible contractors who have requested to be on the list, and where required by law are properly licensed or registered to perform such work in this state. A state agency or local government establishing a small works roster or rosters may require eligible contractors desiring to be placed on a roster or rosters to keep current records of any applicable licenses, certifications, registrations, bonding, insurance, or other appropriate matters on file with the state agency or local government as a condition of being placed on a roster or rosters. At least once a year, the state agency or local government shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. In addition, responsible contractors shall be added to an appropriate roster or rosters at any time they submit a written request and necessary records. Master contracts may be required to be signed that become effective when a specific award is made using a small works roster.
     (b) A state agency establishing a small works roster or rosters shall adopt rules implementing this subsection. A local government establishing a small works roster or rosters shall adopt an ordinance or resolution implementing this subsection. Procedures included in rules adopted by the department of general administration in implementing this subsection must be included in any rules providing for a small works roster or rosters that is adopted by another state agency, if the authority for that state agency to engage in these activities has been delegated to it by the department of general administration under chapter 43.19 RCW. An interlocal contract or agreement between two or more state agencies or local governments establishing a small works roster or rosters to be used by the parties to the agreement or contract must clearly identify the lead entity that is responsible for implementing the provisions of this subsection.
     (c) Procedures shall be established for securing telephone, written, or electronic quotations from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 39.04.010. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. This subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. However, if the estimated cost of the work is from one hundred fifty thousand dollars to three hundred thousand dollars, a state agency or local government that chooses to solicit bids from less than all the appropriate contractors on the appropriate small works roster must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The government has the sole option of determining whether this notice to the remaining contractors is made by: (i) Publishing notice in a legal newspaper in general circulation in the area where the work is to be done; (ii) mailing a notice to these contractors; or (iii) sending a notice to these contractors by facsimile or other electronic means. For purposes of this subsection (2)(c), "equitably distribute" means that a state agency or local government soliciting bids may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services.
     (d) A contract awarded from a small works roster under this section need not be advertised.
     (e) Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry.
     (3) In lieu of awarding contracts under subsection (2) of this section, a state agency or authorized local government may award a contract for work, construction, alteration, repair, or improvement projects estimated to cost less than thirty-five thousand dollars using the limited public works process provided under this subsection. Public works projects awarded under this subsection are exempt from the other requirements of the small works roster process provided under subsection (2) of this section and are exempt from the requirement that contracts be awarded after advertisement as provided under RCW 39.04.010.
     For limited public works projects, a state agency or authorized local government shall solicit electronic or written quotations from a minimum of three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder as defined under RCW 39.04.010. After an award is made, the quotations shall be open to public inspection and available by electronic request. A state agency or authorized local government shall attempt to distribute opportunities for limited public works projects equitably among contractors willing to perform in the geographic area of the work. A state agency or authorized local government shall maintain a list of the contractors contacted and the contracts awarded during the previous twenty-four months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. For limited public works projects, a state agency or authorized local government may waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialpersons, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project, however the state agency or authorized local government shall have the right of recovery against the contractor for any payments made on the contractor's behalf.
     (4) The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process or limited public works process.
     (5)(a) A state agency or authorized local government may use the limited public works process of subsection (3) of this section to solicit and award small works roster contracts to small businesses that are registered contractors with gross revenues under one million dollars annually as reported on their federal tax return.
     (b) A state agency or authorized local government may adopt additional procedures to encourage small businesses that are registered contractors with gross revenues under two hundred fifty thousand dollars annually as reported on their federal tax returns to submit quotations or bids on small works roster contracts.
     (6) As used in this section, "state agency" means the department of general administration, ((the state parks and recreation commission,)) the department of natural resources, the department of ((fish and wildlife)) conservation and recreation, the department of transportation, any institution of higher education as defined under RCW 28B.10.016, and any other state agency delegated authority by the department of general administration to engage in construction, building, renovation, remodeling, alteration, improvement, or repair activities.

Sec. 5005   RCW 39.04.290 and 2001 c 34 s 1 are each amended to read as follows:
     (1) A state agency or local government may award contracts of any value for the design, fabrication, and installation of building engineering systems by: (a) Using a competitive bidding process or request for proposals process where bidders are required to provide final specifications and a bid price for the design, fabrication, and installation of building engineering systems, with the final specifications being approved by an appropriate design, engineering, and/or public regulatory body; or (b) using a competitive bidding process where bidders are required to provide final specifications for the final design, fabrication, and installation of building engineering systems as part of a larger project with the final specifications for the building engineering systems portion of the project being approved by an appropriate design, engineering, and/or public regulatory body. The provisions of chapter 39.80 RCW do not apply to the design of building engineering systems that are included as part of a contract described under this section.
     (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Building engineering systems" means those systems where contracts for the systems customarily have been awarded with a requirement that the contractor provide final approved specifications, including fire alarm systems, building sprinkler systems, pneumatic tube systems, extensions of heating, ventilation, or air conditioning control systems, chlorination and chemical feed systems, emergency generator systems, building signage systems, pile foundations, and curtain wall systems.
     (b) "Local government" means any county, city, town, school district, or other special district, municipal corporation, or quasi-municipal corporation.
     (c) "State agency" means the department of general administration, ((the state parks and recreation commission,)) the department of ((fish and wildlife)) conservation and recreation, the department of natural resources, any institution of higher education as defined under RCW 28B.10.016, and any other state agency delegated authority by the department of general administration to engage in building, renovation, remodeling, alteration, improvement, or repair activities.

Sec. 5006   RCW 42.52.570 and 2008 c 247 s 1 are each amended to read as follows:
     (1) The department of ((fish and wildlife and the parks and recreation commission)) conservation and recreation may approve private business activity in state-owned housing provided under Title 77 RCW or chapter 79A.05 RCW.
     (2) Prior to granting approval of private business activity in state-owned housing, the department of ((fish and wildlife and the parks and recreation commission)) conservation and recreation must adopt a private business activity policy that is approved by the executive ethics board.
     (a) The private business activity policy may only authorize private business activity by the resident state employee while the employee is off duty or the employee's spouse who is approved for residency in the agency housing or the employee's children.
     (b) The private business activity policy may not allow private business activity that negatively impacts the agency's operations. For the purposes of this section, "negatively impacts" includes but is not limited to: (i) Negative impacts to visitors' services or access; (ii) in-person visits to state-owned housing for the purpose of transacting business that negatively impacts agency operations; (iii) the incurrence of additional expenses by the state; (iv) the use of signage in the state-owned residence; (v) advertising on state-owned property; or (vi) an appearance of state endorsement of the private business activity.
     (3) The private business activity must comply with all other local, state, and federal laws.
     (4) All approvals of a private business activity in state-owned housing must be by the agency director or designee in writing.
     (5) A state employee is presumed not to be in violation of RCW 42.52.070 or 42.52.160 if the employee or the employee's spouse or child complies with this section.

Sec. 5007   RCW 43.17.400 and 2007 c 62 s 2 are each amended to read as follows:
     (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Disposition" means sales, exchanges, or other actions resulting in a transfer of land ownership.
     (b) "State agencies" includes:
     (i) The department of natural resources established in chapter 43.30 RCW;
     (ii) The department of ((fish and wildlife)) conservation and recreation established in chapter 43.300 RCW;
     (iii) The department of transportation established in chapter 47.01 RCW; and
     (iv) ((The parks and recreation commission established in chapter 79A.05 RCW; and
     (v))) The department of general administration established in this chapter.
     (2) State agencies proposing disposition of state-owned land must provide written notice of the proposed disposition to the legislative authorities of the counties, cities, and towns in which the land is located at least sixty days before entering into the disposition agreement.
     (3) The requirements of this section are in addition and supplemental to other requirements of the laws of this state.

Sec. 5008   RCW 43.19.450 and 1994 c 264 s 15 are each amended to read as follows:
     The director of general administration shall appoint and deputize an assistant director to be known as the supervisor of engineering and architecture who shall have charge and supervision of the division of engineering and architecture. With the approval of the director, the supervisor may appoint and employ such assistants and personnel as may be necessary to carry out the work of the division.
     No person shall be eligible for appointment as supervisor of engineering and architecture unless he or she is licensed to practice the profession of engineering or the profession of architecture in the state of Washington and for the last five years prior to his or her appointment has been licensed to practice the profession of engineering or the profession of architecture.
     As used in this section, "state facilities" includes all state buildings, related structures, and appurtenances constructed for any elected state officials, institutions, departments, boards, commissions, colleges, community colleges, except the state universities, The Evergreen State College and regional universities. "State facilities" does not include facilities owned by or used for operational purposes and constructed for the department of transportation, department of ((fish and wildlife)) conservation and recreation, or department of natural resources((, or state parks and recreation commission)).
     The director of general administration, through the division of engineering and architecture shall:
     (1) Prepare cost estimates and technical information to accompany the capital budget and prepare or contract for plans and specifications for new construction and major repairs and alterations to state facilities.
     (2) Contract for professional architectural, engineering, and related services for the design of new state facilities and major repair or alterations to existing state facilities.
     (3) Provide contract administration for new construction and the repair and alteration of existing state facilities.
     (4) In accordance with the public works laws, contract on behalf of the state for the new construction and major repair or alteration of state facilities.
     The director may delegate any and all of the functions under subsections (1) through (4) of this section to any agency upon such terms and conditions as considered advisable.
     The director may delegate the authority granted to the department under RCW 39.04.150 to any agency upon such terms as considered advisable.

Sec. 5009   RCW 43.21B.110 and 2010 c 210 s 7 and 2010 c 84 s 2 are each reenacted and amended to read as follows:
     (1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, local health departments, the department of natural resources, and the department of ((fish and wildlife, and the parks and recreation commission)) conservation and recreation:
     (a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 76.09.170, 77.55.291, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.
     (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.
     (c) A final decision by the department or director made under chapter 183, Laws of 2009.
     (d) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under RCW 70.95.300.
     (e) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.
     (f) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.
     (g) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820, and decisions of the department regarding waste-derived soil amendments under RCW 70.95.205.
     (h) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW 90.64.026.
     (i) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.
     (j) Decisions of the department of natural resources, the department of ((fish and wildlife)) conservation and recreation, and the department that are reviewable under chapter 76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW 76.09.050(7).
     (k) Forest health hazard orders issued by the commissioner of public lands under RCW 76.06.180.
     (l) Decisions of the department of ((fish and wildlife)) conservation and recreation to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW.
     (m) Decisions of the department of natural resources that are reviewable under RCW 78.44.270.
     (n) Decisions of a state agency that is an authorized public entity under RCW 79.100.010 to take temporary possession or custody of a vessel or to contest the amount of reimbursement owed that are reviewable under RCW 79.100.120.
     (2) The following hearings shall not be conducted by the hearings board:
     (a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.
     (b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
     (c) Appeals of decisions by the department under RCW 90.03.110 and 90.44.220.
     (d) Hearings conducted by the department to adopt, modify, or repeal rules.
     (((e) Appeals of decisions by the department as provided in chapter 43.21L RCW.))
     (3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

Sec. 5010   RCW 43.21B.110 and 2010 c 210 s 8 and 2010 c 84 s 3 are each reenacted and amended to read as follows:
     (1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, local health departments, the department of natural resources, and the department of ((fish and wildlife, and the parks and recreation commission)) conservation and recreation:
     (a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 76.09.170, 77.55.291, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.
     (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.
     (c) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under RCW 70.95.300.
     (d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.
     (e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.
     (f) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820, and decisions of the department regarding waste-derived soil amendments under RCW 70.95.205.
     (g) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW 90.64.026.
     (h) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.
     (i) Decisions of the department of natural resources, the department of ((fish and wildlife)) conservation and recreation, and the department that are reviewable under chapter 76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW 76.09.050(7).
     (j) Forest health hazard orders issued by the commissioner of public lands under RCW 76.06.180.
     (k) Decisions of the department of ((fish and wildlife)) conservation and recreation to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW.
     (l) Decisions of the department of natural resources that are reviewable under RCW 78.44.270.
     (m) Decisions of a state agency that is an authorized public entity under RCW 79.100.010 to take temporary possession or custody of a vessel or to contest the amount of reimbursement owed that are reviewable under RCW 79.100.120.
     (2) The following hearings shall not be conducted by the hearings board:
     (a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.
     (b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
     (c) Appeals of decisions by the department under RCW 90.03.110 and 90.44.220.
     (d) Hearings conducted by the department to adopt, modify, or repeal rules.
     (((e) Appeals of decisions by the department as provided in chapter 43.21L RCW.))
     (3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

Sec. 5011   RCW 43.21F.062 and 2010 c 145 s 9 are each amended to read as follows:
     (1) In addition to the duties prescribed in RCW 43.21F.045, the department must develop guidance applicable to all state agencies for achieving a unified state position upon matters involving the siting and operation of renewable energy facilities in the state's coastal and estuarine marine waters. The guidance must provide procedures for coordinating the views and responsibilities of any state agency with jurisdiction or expertise over the matter under consideration, which may include federal policy proposals, activities, permits, licenses, or the extension of funding for activities in or affecting the state's marine waters. In developing the guidance, the director must consult with agencies with primary responsibilities for permitting and management of marine waters and bedlands, including the departments of natural resources, ecology, transportation, and ((fish and wildlife, and the state parks and recreation commission)) conservation and recreation, the Puget Sound partnership, and the energy facility site evaluation council. The director must also consult and incorporate relevant information from the regional activities related to renewable energy siting in marine waters, including those under the west coast governors' agreement on ocean health.
     (2) The director may not commence development of the guidance until federal, private, or other nonstate funding is secured for this activity. The director must adopt the guidance within one year of securing such funds.
     (3) This section is intended to promote consistency and multiple agency coordination in developing positions and exercising jurisdiction in matters involving the siting and operation of renewable energy facilities and does not diminish or abrogate the authority or jurisdiction of any state agency over such matters established under any other law.

Sec. 5012   RCW 43.21J.030 and 2007 c 341 s 62 and 2007 c 241 s 4 are each reenacted and amended to read as follows:
     (1) There is created the environmental enhancement and job creation task force within the office of the governor. The purpose of the task force is to provide a coordinated and comprehensive approach to implementation of chapter 516, Laws of 1993. The task force shall consist of the commissioner of public lands, the director of the department of ((fish and wildlife)) conservation and recreation, the director of the department of ecology, ((the director of the parks and recreation commission,)) the timber team coordinator, the executive director of the workforce training and education coordinating board, and the executive director of the Puget Sound partnership, or their designees. The task force may seek the advice of the following agencies and organizations: The department of ((community, trade, and economic development)) commerce, the conservation commission, the employment security department, ((the recreation and conservation office,)) appropriate federal agencies, appropriate special districts, the Washington state association of counties, the association of Washington cities, labor organizations, business organizations, timber-dependent communities, environmental organizations, and Indian tribes. The governor shall appoint the task force chair. Members of the task force shall serve without additional pay. Participation in the work of the committee by agency members shall be considered in performance of their employment. The governor shall designate staff and administrative support to the task force and shall solicit the participation of agency personnel to assist the task force.
     (2) The task force shall have the following responsibilities:
     (a) Soliciting and evaluating, in accordance with the criteria set forth in RCW 43.21J.040, requests for funds from the environmental and forest restoration account and making distributions from the account. The task force shall award funds for projects and training programs it approves and may allocate the funds to state agencies for disbursement and contract administration;
     (b) Coordinating a process to assist state agencies and local governments to implement effective environmental and forest restoration projects funded under this chapter;
     (c) Considering unemployment profile data provided by the employment security department.
     (3) Beginning July 1, 1994, the task force shall have the following responsibilities:
     (a) To solicit and evaluate proposals from state and local agencies, private nonprofit organizations, and tribes for environmental and forest restoration projects;
     (b) To rank the proposals based on criteria developed by the task force in accordance with RCW 43.21J.040; and
     (c) To determine funding allocations for projects to be funded from the account created in RCW 43.21J.020 and for projects or programs as designated in the omnibus operating and capital appropriations acts.

Sec. 5013   RCW 43.60A.150 and 2007 c 451 s 2 and 2007 c 241 s 6 are each reenacted and amended to read as follows:
     (1) The Washington veterans conservation corps is created. The department shall establish enrollment procedures for the program. Enrollees may choose to participate in either or both the volunteer projects list authorized in subsection (2) of this section, and the training, certification, and placement program authorized in RCW 43.60A.151.
     (2) The department shall create a list of veterans who are interested in working on projects that restore Washington's natural habitat. The department shall promote the opportunity to volunteer for the veterans conservation corps through its local counselors and representatives. Only veterans who grant their approval may be included on the list. The department shall consult with the salmon recovery board, the recreation and conservation funding board, the department of natural resources, and the department of ((fish and wildlife, and the state parks and recreation commission)) conservation and recreation to determine the most effective ways to market the veterans conservation corps to agencies and local sponsors of habitat restoration projects.

Sec. 5014   RCW 43.81.010 and 1994 c 264 s 27 are each amended to read as follows:
     The legislature recognizes that significant benefits accrue to the state and that certain types of state operations are more efficient when personnel services are available on an extended basis. Such operations include certain types of facilities managed by agencies such as the departments of natural resources, corrections, ((fish and wildlife)) conservation and recreation, social and health services, transportation, and veterans affairs((, and the parks and recreation commission)).
     The means of assuring that such personnel are available on an extended basis is through the establishment of on-site state-owned or leased living facilities. The legislature also recognizes the restrictions and hardship placed upon those personnel who are required to reside in such state-owned or leased living facilities in order to provide extended personnel services.
     The legislature further recognizes that there are instances where it is to the benefit of the state to have state-owned or leased living facilities occupied even though such occupancy is not required by the agency as a condition of employment.

Sec. 5015   RCW 43.82.010 and 2007 c 506 s 8 are each amended to read as follows:
     (1) The director of general administration, on behalf of the agency involved and after consultation with the office of financial management, shall purchase, lease, lease purchase, rent, or otherwise acquire all real estate, improved or unimproved, as may be required by elected state officials, institutions, departments, commissions, boards, and other state agencies, or federal agencies where joint state and federal activities are undertaken and may grant easements and transfer, exchange, sell, lease, or sublease all or part of any surplus real estate for those state agencies which do not otherwise have the specific authority to dispose of real estate. This section does not transfer financial liability for the acquired property to the department of general administration.
     (2) Except for real estate occupied by federal agencies, the director shall determine the location, size, and design of any real estate or improvements thereon acquired or held pursuant to subsection (1) of this section. Facilities acquired or held pursuant to this chapter, and any improvements thereon, shall conform to standards adopted by the director and approved by the office of financial management governing facility efficiency unless a specific exemption from such standards is provided by the director of general administration. The director of general administration shall report to the office of financial management and the appropriate committees of the legislature annually on any exemptions granted pursuant to this subsection.
     (3) The director of general administration may fix the terms and conditions of each lease entered into under this chapter, except that no lease shall extend greater than twenty years in duration. The director of general administration may enter into a long-term lease greater than ten years in duration upon a determination by the director of the office of financial management that the long-term lease provides a more favorable rate than would otherwise be available, it appears to a substantial certainty that the facility is necessary for use by the state for the full length of the lease term, and the facility meets the standards adopted pursuant to subsection (2) of this section. The director of general administration may enter into a long-term lease greater than ten years in duration if an analysis shows that the life-cycle cost of leasing the facility is less than the life-cycle cost of purchasing or constructing a facility in lieu of leasing the facility.
     (4) Except as permitted under chapter 39.94 RCW, no lease for or on behalf of any state agency may be used or referred to as collateral or security for the payment of securities offered for sale through a public offering. Except as permitted under chapter 39.94 RCW, no lease for or on behalf of any state agency may be used or referred to as collateral or security for the payment of securities offered for sale through a private placement without the prior written approval of the state treasurer. However, this limitation shall not prevent a lessor from assigning or encumbering its interest in a lease as security for the repayment of a promissory note provided that the transaction would otherwise be an exempt transaction under RCW 21.20.320. The state treasurer shall adopt rules that establish the criteria under which any such approval may be granted. In establishing such criteria the state treasurer shall give primary consideration to the protection of the state's credit rating and the integrity of the state's debt management program. If it appears to the state treasurer that any lease has been used or referred to in violation of this subsection or rules adopted under this subsection, then he or she may recommend that the governor cause such lease to be terminated. The department of general administration shall promptly notify the state treasurer whenever it may appear to the department that any lease has been used or referred to in violation of this subsection or rules adopted under this subsection.
     (5) It is the policy of the state to encourage the colocation and consolidation of state services into single or adjacent facilities, whenever appropriate, to improve public service delivery, minimize duplication of facilities, increase efficiency of operations, and promote sound growth management planning.
     (6) The director of general administration shall provide coordinated long-range planning services to identify and evaluate opportunities for colocating and consolidating state facilities. Upon the renewal of any lease, the inception of a new lease, or the purchase of a facility, the director of general administration shall determine whether an opportunity exists for colocating the agency or agencies in a single facility with other agencies located in the same geographic area. If a colocation opportunity exists, the director of general administration shall consult with the affected state agencies and the office of financial management to evaluate the impact colocation would have on the cost and delivery of agency programs, including whether program delivery would be enhanced due to the centralization of services. The director of general administration, in consultation with the office of financial management, shall develop procedures for implementing colocation and consolidation of state facilities.
     (7) The director of general administration is authorized to purchase, lease, rent, or otherwise acquire improved or unimproved real estate as owner or lessee and to lease or sublet all or a part of such real estate to state or federal agencies. The director of general administration shall charge each using agency its proportionate rental which shall include an amount sufficient to pay all costs, including, but not limited to, those for utilities, janitorial and accounting services, and sufficient to provide for contingencies; which shall not exceed five percent of the average annual rental, to meet unforeseen expenses incident to management of the real estate.
     (8) If the director of general administration determines that it is necessary or advisable to undertake any work, construction, alteration, repair, or improvement on any real estate acquired pursuant to subsection (1) or (7) of this section, the director shall cause plans and specifications thereof and an estimate of the cost of such work to be made and filed in his or her office and the state agency benefiting thereby is hereby authorized to pay for such work out of any available funds: PROVIDED, That the cost of executing such work shall not exceed the sum of twenty-five thousand dollars. Work, construction, alteration, repair, or improvement in excess of twenty-five thousand dollars, other than that done by the owner of the property if other than the state, shall be performed in accordance with the public works law of this state.
     (9) In order to obtain maximum utilization of space, the director of general administration shall make space utilization studies, and shall establish standards for use of space by state agencies. Such studies shall include the identification of opportunities for colocation and consolidation of state agency office and support facilities.
     (10) The director of general administration may construct new buildings on, or improve existing facilities, and furnish and equip, all real estate under his or her management. Prior to the construction of new buildings or major improvements to existing facilities or acquisition of facilities using a lease purchase contract, the director of general administration shall conduct an evaluation of the facility design and budget using life-cycle cost analysis, value-engineering, and other techniques to maximize the long-term effectiveness and efficiency of the facility or improvement.
     (11) All conveyances and contracts to purchase, lease, rent, transfer, exchange, or sell real estate and to grant and accept easements shall be approved as to form by the attorney general, signed by the director of general administration or the director's designee, and recorded with the county auditor of the county in which the property is located.
     (12) The director of general administration may delegate any or all of the functions specified in this section to any agency upon such terms and conditions as the director deems advisable. By January 1st of each year, beginning January 1, 2008, the department shall submit an annual report to the office of financial management and the appropriate committees of the legislature on all delegated leases.
     (13) This section does not apply to the acquisition of real estate by:
     (a) The state college and universities for research or experimental purposes;
     (b) The state liquor control board for liquor stores and warehouses; and
     (c) The department of natural resources, the department of ((fish and wildlife)) conservation and recreation, and the department of transportation((, and the state parks and recreation commission)) for purposes other than the leasing of offices, warehouses, and real estate for similar purposes.
     (14) Notwithstanding any provision in this chapter to the contrary, the department of general administration may negotiate ground leases for public lands on which property is to be acquired under a financing contract pursuant to chapter 39.94 RCW under terms approved by the state finance committee.
     (15) The department of general administration shall report annually to the office of financial management and the appropriate fiscal committees of the legislature on facility leases executed for all state agencies for the preceding year, lease terms, and annual lease costs. The report must include leases executed under RCW 43.82.045 and subsection (12) of this section.

Sec. 5016   RCW 43.220.020 and 1999 c 280 s 1 are each amended to read as follows:
     The Washington conservation corps is hereby created, to be implemented by the following state departments: The employment security department, the department of ecology, the department of ((fish and wildlife)) conservation and recreation, and the department of natural resources((, and the state parks and recreation commission)).

Sec. 5017   RCW 79.19.080 and 2003 c 334 s 531 are each amended to read as follows:
     Periodically, at intervals to be determined by the board, the department shall identify trust lands which are expected to convert to commercial, residential, or industrial uses within ten years. The department shall adhere to existing local comprehensive plans, zoning classifications, and duly adopted local policies when making this identification and determining the fair market value of the property.
     The department shall hold a public hearing on the proposal in the county where the state land is located. At least fifteen days but not more than thirty days before the hearing, the department shall publish a public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in one or more weekly newspapers circulated in the area where the trust land is located. At the same time that the published notice is given, the department shall give written notice of the hearings to the departments of ((fish and wildlife)) conservation and recreation and general administration, ((to the parks and recreation commission,)) and to the county, city, or town in which the property is situated. The department shall disseminate a news release pertaining to the hearing among printed and electronic media in the area where the trust land is located. The public notice and news release also shall identify trust lands in the area which are expected to convert to commercial, residential, or industrial uses within ten years.
     A summary of the testimony presented at the hearings shall be prepared for the board's consideration. The board shall designate trust lands which are expected to convert to commercial, residential, or industrial uses as urban land. Descriptions of lands designated by the board shall be made available to the county and city or town in which the land is situated and for public inspection and copying at the department's administrative office in Olympia, Washington and at each area office.
     The hearing and notice requirements of this section apply to those trust lands which have been identified by the department prior to July 1, 1984, as being expected to convert to commercial, residential, or industrial uses within the next ten years, and which have not been sold or exchanged prior to July 1, 1984.

Sec. 5018   RCW 79.100.010 and 2007 c 342 s 1 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Abandoned vessel" means a vessel that has been left, moored, or anchored in the same area without the express consent, or contrary to the rules of, the owner, manager, or lessee of the aquatic lands below or on which the vessel is located for either a period of more than thirty consecutive days or for more than a total of ninety days in any three hundred sixty-five-day period, and the vessel's owner is: (a) Not known or cannot be located; or (b) known and located but is unwilling to take control of the vessel. For the purposes of this subsection (1) only, "in the same area" means within a radius of five miles of any location where the vessel was previously moored or anchored on aquatic lands.
     (2) "Aquatic lands" means all tidelands, shorelands, harbor areas, and the beds of navigable waters, including lands owned by the state and lands owned by other public or private entities.
     (3) "Authorized public entity" includes any of the following: The department of natural resources; the department of ((fish and wildlife; the parks and recreation commission)) conservation and recreation; a metropolitan park district; a port district; and any city, town, or county with ownership, management, or jurisdiction over the aquatic lands where an abandoned or derelict vessel is located.
     (4) "Department" means the department of natural resources.
     (5) "Derelict vessel" means the vessel's owner is known and can be located, and exerts control of a vessel that:
     (a) Has been moored, anchored, or otherwise left in the waters of the state or on public property contrary to RCW 79.02.300 or rules adopted by an authorized public entity;
     (b) Has been left on private property without authorization of the owner; or
     (c) Has been left for a period of seven consecutive days, and:
     (i) Is sunk or in danger of sinking;
     (ii) Is obstructing a waterway; or
     (iii) Is endangering life or property.
     (6) "Owner" means any natural person, firm, partnership, corporation, association, government entity, or organization that has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.
     (7) "Vessel" means every species of watercraft or other mobile artificial contrivance, powered or unpowered, intended to be used for transporting people or goods on water or for floating marine construction or repair and which does not exceed two hundred feet in length. "Vessel" includes any trailer used for the transportation of watercraft, or any attached floats or debris.

Sec. 5019   RCW 79.145.030 and 2005 c 155 s 903 are each amended to read as follows:
     The department shall have the authority to coordinate implementation of the action plan with appropriate state agencies including ((the parks and recreation commission and)) the departments of ecology and ((fish and wildlife)) conservation and recreation. The department is authorized to adopt, in consultation with affected agencies, the necessary rules to provide for the cleanup and to prevent pollution of the waters of the state and aquatic lands by plastic and other marine debris.

Sec. 5020   RCW 79A.15.010 and 2009 c 341 s 1 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Acquisition" means the purchase on a willing seller basis of fee or less than fee interests in real property. These interests include, but are not limited to, options, rights of first refusal, conservation easements, leases, and mineral rights.
     (2) "Board" means the recreation and conservation funding board.
     (3) "Critical habitat" means lands important for the protection, management, or public enjoyment of certain wildlife species or groups of species, including, but not limited to, wintering range for deer, elk, and other species, waterfowl and upland bird habitat, fish habitat, and habitat for endangered, threatened, or sensitive species.
     (4) "Farmlands" means any land defined as "farm and agricultural land" in RCW 84.34.020(2).
     (5) "Local agencies" means a city, county, town, federally recognized Indian tribe, special purpose district, port district, or other political subdivision of the state providing services to less than the entire state.
     (6) "Natural areas" means areas that have, to a significant degree, retained their natural character and are important in preserving rare or vanishing flora, fauna, geological, natural historical, or similar features of scientific or educational value.
     (7) "Nonprofit nature conservancy corporation or association" means an organization as defined in RCW 84.34.250.
     (8) "Riparian habitat" means land adjacent to water bodies, as well as submerged land such as streambeds, which can provide functional habitat for salmonids and other fish and wildlife species. Riparian habitat includes, but is not limited to, shorelines and near-shore marine habitat, estuaries, lakes, wetlands, streams, and rivers.
     (9) "Special needs populations" means physically restricted people or people of limited means.
     (10) "State agencies" means ((the state parks and recreation commission,)) the department of natural resources, the department of general administration, and the department of ((fish and wildlife)) conservation and recreation.
     (11) "Trails" means public ways constructed for and open to pedestrians, equestrians, or bicyclists, or any combination thereof, other than a sidewalk constructed as a part of a city street or county road for exclusive use of pedestrians.
     (12) "Urban wildlife habitat" means lands that provide habitat important to wildlife in proximity to a metropolitan area.
     (13) "Water access" means boat or foot access to marine waters, lakes, rivers, or streams.

Sec. 5021   RCW 79A.20.030 and 1994 c 264 s 30 are each amended to read as follows:
     (1) Moneys appropriated for this chapter from the state wildlife and recreation lands management account shall be expended in the following manner:
     (a) Not less than thirty percent for basic stewardship;
     (b) Not less than twenty percent for improved or developed resources;
     (c) Not less than fifteen percent for human use management; and
     (d) Not more than fifteen percent for administration.
     (e) The remaining twenty to thirty-five percent shall be considered unallocated.
     (2) In the event that moneys appropriated for this chapter to the state wildlife and recreation lands management account under the initial allocation prove insufficient to meet basic stewardship needs, the unallocated amount shall be used to fund basic stewardship needs.
     (3) Each eligible agency is not required to meet this specific percentage distribution. However, funding across agencies should meet these percentages during each biennium.
     (4) It is intended that moneys disbursed from this account not replace existing operation and maintenance funding levels from other state sources.
     (5) Agencies eligible to receive funds from this account are the departments of ((fish and wildlife)) conservation and recreation and natural resources((, and the state parks and recreation commission)).
     (6) Moneys appropriated for this chapter from the state wildlife and recreation lands management account shall be distributed in the following manner:
     (a) Not less than twenty-five percent to the ((state)) department of conservation and recreation for the parks and recreation ((commission)) division.
     (b) Not less than twenty-five percent to the department of natural resources.
     (c) Not less than twenty-five percent to the department of conservation and recreation for fish and wildlife programs.
     (d) The remaining funds shall be allocated to eligible agencies based upon an evaluation of remaining unfunded needs.
     (7) The office of financial management shall review eligible state agency requests and make recommendations on the allocation of funds provided under this chapter as part of the governor's operating budget request to the legislature.

Sec. 5022   RCW 79A.25.260 and 2007 c 247 s 1 are each amended to read as follows:
     (1) The habitat and recreation lands coordinating group is established. The habitat and recreation lands coordinating group must include representatives from the ((committee)) board, ((the state parks and recreation commission,)) the department of natural resources, and the Washington state department of ((fish and wildlife)) conservation and recreation. The members of the habitat and recreation lands coordinating group must have subject matter expertise with the issues presented in this section. Representatives from appropriate stakeholder organizations and local government must also be considered for participation on the habitat and recreation lands coordinating group, but may only be appointed or invited by the director.
     (2) To ensure timely completion of the duties assigned to the habitat and recreation lands coordinating group, the director shall submit yearly progress reports to the office of financial management.
     (3) The habitat and recreation lands coordinating group must:
     (a) Review agency land acquisition and disposal plans and policies to help ensure statewide coordination of habitat and recreation land acquisitions and disposals;
     (b) Produce an interagency, statewide biennial forecast of habitat and recreation land ((acquisitions [acquisition])) acquisition and disposal plans;
     (c) Establish procedures for publishing the biennial forecast of acquisition and disposal plans on web sites or other centralized, easily accessible formats;
     (d) Develop and convene an annual forum for agencies to coordinate their near-term acquisition and disposal plans;
     (e) Develop a recommended method for interagency geographic information system-based documentation of habitat and recreation lands in cooperation with other state agencies using geographic information systems;
     (f) Develop recommendations for standardization of acquisition and disposal recordkeeping, including identifying a preferred process for centralizing acquisition data;
     (g) Develop an approach for monitoring the success of acquisitions;
     (h) Identify and commence a dialogue with key state and federal partners to develop an inventory of potential public lands for transfer into habitat and recreation land management status;
     (i) Review existing and proposed habitat conservation plans on a regular basis to foster statewide coordination and save costs.
     (4) The group shall revisit the ((committee's)) board's and Washington wildlife and recreation program's planning requirements to determine whether coordination of state agency habitat and recreation land acquisition and disposal could be improved by modifying those requirements.
     (5) The group must develop options for centralizing coordination of habitat and recreation land acquisition made with funds from federal grants. The advantages and drawbacks of the following options, at a minimum, must be developed:
     (a) Requiring that agencies provide early communication on the status of federal grant applications to the ((committee)) board, the office of financial management, or directly to the legislature;
     (b) Establishing a centralized pass-through agency for federal funds, where individual agencies would be the primary applicants.
     (6) This section expires July 31, 2012. Prior to January 1, 2012, the ((committee)) board shall make a formal recommendation to the appropriate committees of the legislature as to whether the existence of the habitat and recreation lands coordinating group should be continued beyond July 31, 2012, and if so, whether any modifications to its enabling statute should be pursued. The ((committee)) board shall involve all participants in the habitat and recreation lands coordinating group when developing the recommendations.

Sec. 5023   RCW 84.34.055 and 2007 c 241 s 73 are each amended to read as follows:
     (1)(a) The county legislative authority may direct the county planning commission to set open space priorities and adopt, after a public hearing, an open space plan and public benefit rating system for the county. The plan shall consist of criteria for determining eligibility of lands, the process for establishing a public benefit rating system, and an assessed valuation schedule. The assessed valuation schedule shall be developed by the county assessor and shall be a percentage of market value based upon the public benefit rating system. The open space plan, the public benefit rating system, and the assessed valuations schedule shall not be effective until approved by the county legislative authority after at least one public hearing: PROVIDED, That any county which has complied with the procedural requisites of chapter 393, Laws of 1985, prior to July 28, 1985, need not repeat those procedures in order to adopt an open space plan pursuant to chapter 393, Laws of 1985.
     (b) County legislative authorities, in open space plans, public benefit rating systems, and assessed valuation schedules, shall give priority consideration to lands used for buffers that are planted with or primarily contain native vegetation.
     (c) "Priority consideration" as used in this section may include, but is not limited to, establishing classification eligibility and maintenance criteria for buffers meeting the requirements of (b) of this subsection.
     (d) County legislative authorities shall meet the requirements of (b) of this subsection no later than July 1, 2006, unless buffers already receive priority consideration in the existing open space plans, public benefit rating systems, and assessed valuation schedules.
     (2) In adopting an open space plan, recognized sources shall be used unless the county does its own survey of important open space priorities or features, or both. Recognized sources include but are not limited to the natural heritage database; the state office of historic preservation; the recreation and conservation office inventory of dry accretion beach and shoreline features; state, national, county, or city registers of historic places; the shoreline master program; or studies by ((the parks and recreation commission and by)) the departments of ((fish and wildlife)) conservation and recreation and natural resources. Features and sites may be verified by an outside expert in the field and approved by the appropriate state or local agency to be sent to the county legislative authority for final approval as open space.
     (3) When the county open space plan is adopted, owners of open space lands then classified under this chapter shall be notified in the same manner as is provided in RCW 84.40.045 of their new assessed value. These lands may be removed from classification, upon request of owner, without penalty within thirty days of notification of value.
     (4) The open space plan and public benefit rating system under this section may be adopted for taxes payable in 1986 and thereafter.

Sec. 5024   RCW 90.48.366 and 2007 c 347 s 1 are each amended to read as follows:
     The department, in consultation with the departments of ((fish and wildlife)) conservation and recreation and natural resources, ((and the parks and recreation commission,)) shall adopt rules establishing a compensation schedule for the discharge of oil in violation of this chapter and chapter 90.56 RCW. The amount of compensation assessed under this schedule shall be no less than one dollar per gallon of oil spilled and no greater than one hundred dollars per gallon of oil spilled. The compensation schedule shall reflect adequate compensation for unquantifiable damages or for damages not quantifiable at reasonable cost for any adverse environmental, recreational, aesthetic, or other effects caused by the spill and shall take into account:
     (1) Characteristics of any oil spilled, such as toxicity, dispersibility, solubility, and persistence, that may affect the severity of the effects on the receiving environment, living organisms, and recreational and aesthetic resources;
     (2) The sensitivity of the affected area as determined by such factors as: (a) The location of the spill; (b) habitat and living resource sensitivity; (c) seasonal distribution or sensitivity of living resources; (d) areas of recreational use or aesthetic importance; (e) the proximity of the spill to important habitats for birds, aquatic mammals, fish, or to species listed as threatened or endangered under state or federal law; (f) significant archaeological resources as determined by the department of archaeology and historic preservation; and (g) other areas of special ecological or recreational importance, as determined by the department; and
     (3) Actions taken by the party who spilled oil or any party liable for the spill that: (a) Demonstrate a recognition and affirmative acceptance of responsibility for the spill, such as the immediate removal of oil and the amount of oil removed from the environment; or (b) enhance or impede the detection of the spill, the determination of the quantity of oil spilled, or the extent of damage, including the unauthorized removal of evidence such as injured fish or wildlife.

Sec. 5025   RCW 90.48.368 and 2007 c 347 s 2 are each amended to read as follows:
     (1) The department shall adopt rules establishing a formal process for preassessment screening of damages resulting from spills to the waters of the state causing the death of, or injury to, fish, animals, vegetation, or other resources of the state. The rules shall specify the conditions under which the department shall convene a preassessment screening committee. The preassessment screening process shall occur concurrently with reconnaissance activities. The committee shall use information obtained from reconnaissance activities as well as any other relevant resource and resource use information. For each incident, the committee shall determine whether a damage assessment investigation should be conducted, or, whether the compensation schedule authorized under RCW 90.48.366 and 90.48.367 should be used to assess damages. The committee may accept restoration or enhancement projects or studies proposed by the liable parties in lieu of some or all of: (a) The compensation schedule authorized under RCW 90.48.366 and 90.48.367; or (b) the claims from damage assessment studies authorized under RCW 90.48.142.
     (2) A preassessment screening committee may consist of representatives of the departments of ecology, archaeology and historic preservation, ((fish and wildlife)) conservation and recreation, health, and natural resources, ((and the parks and recreation commission,)) as well as other federal, state, and local agencies, and tribal and local governments whose presence would enhance the reconnaissance or damage assessment aspects of spill response. The department shall chair the committee and determine which representatives will be needed on a spill-by-spill basis.
     (3) The committee shall consider the following factors when determining whether a damage assessment study authorized under RCW 90.48.367 should be conducted: (a) Whether evidence from reconnaissance investigations suggests that injury has occurred or is likely to occur to publicly owned resources; (b) the potential loss in services provided by resources injured or likely to be injured and the expected value of the potential loss; (c) whether a restoration project to return lost services is technically feasible; (d) the accuracy of damage quantification methods that could be used and the anticipated cost-effectiveness of applying each method; (e) the extent to which likely injury to resources can be verified with available quantification methods; and (f) whether the injury, once quantified, can be translated into monetary values with sufficient precision or accuracy.
     (4) When a resource damage assessment is required for an oil spill in the waters of the state, as defined in RCW 90.56.010, the state trustee agency responsible for the resource and habitat damaged shall conduct the damage assessment and pursue all appropriate remedies with the responsible party.
     (5) Oil spill damage assessment studies authorized under RCW 90.48.367 may only be conducted if the committee, after considering the factors enumerated in subsection (3) of this section, determines that the damages to be investigated are quantifiable at a reasonable cost and that proposed assessment studies are clearly linked to quantification of the damages incurred.
     (6) As new information becomes available, the committee may reevaluate the scope of damage assessment using the factors listed in subsection (3) of this section and may reduce or expand the scope of damage assessment as appropriate.
     (7) The preassessment screening process shall provide for the ongoing involvement of persons who may be liable for damages resulting from an oil spill. The department may negotiate with a potentially liable party to perform restoration and enhancement projects or studies which may substitute for all or part of the compensation authorized under RCW 90.48.366 and 90.48.367 or the damage assessment studies authorized under RCW 90.48.367.
     (8) For the purposes of this section and RCW 90.48.367, the cost of a damage assessment shall be considered "reasonable" when the anticipated cost of the damage assessment is expected to be less than the anticipated damage that may have occurred or may occur.

NEW SECTION.  Sec. 5026   Section 5009 of this act expires June 30, 2019.

NEW SECTION.  Sec. 5027   Section 5010 of this act takes effect June 30, 2019.

NEW SECTION.  Sec. 5028   The consolidation directed pursuant to sections 5001 through 5027 of this act takes effect July 1, 2012.

Sec. 6001   RCW 89.08.020 and 1999 c 305 s 1 are each amended to read as follows:
     ((Unless the context clearly indicates otherwise, as used in this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Commission" and "state conservation commission" means the ((agency created hereunder. All former references to "state soil and water conservation committee", "state committee" or "committee" shall be deemed to be references to the "state conservation commission";)) advisory commission created in RCW 89.08.030 within the department of agriculture.
     (2) "Department" means the department of agriculture.
     (3) "Director" means the director of the department of agriculture.
     (4) "District," or "conservation district" means a governmental subdivision of this state and a public body corporate and politic, organized in accordance with the provisions of chapter 184, Laws of 1973 1st ex. sess., for the purposes, with the powers, and subject to the restrictions set forth in this chapter. All districts created under chapter 184, Laws of 1973 1st ex. sess. shall be known as conservation districts and shall have all the powers and duties set out in chapter 184, Laws of 1973 1st ex. sess. All references in chapter 184, Laws of 1973 1st ex. sess. to "districts", or "soil and water conservation districts" shall be deemed to be reference to "conservation districts."((;))
     (5) "Board" and "supervisors" mean the board of supervisors of a conservation district((;)).
     (6) "Land occupier" or "occupier of land" includes any person, firm, political subdivision, government agency, municipality, public or private corporation, copartnership, association, or any other entity whatsoever which holds title to, or is in possession of, any lands lying within a district organized under the provisions of chapter 184, Laws of 1973 1st ex. sess., whether as owner, lessee, renter, tenant, or otherwise((;)).
     (7) "District elector" or "voter" means a registered voter in the county where the district is located who resides within the district boundary or in the area affected by a petition((;)).
     (8) "Due notice" means a notice published at least twice, with at least six days between publications, in a publication of general circulation within the affected area, or if there is no such publication, by posting at a reasonable number of public places within the area, where it is customary to post notices concerning county and municipal affairs. Any hearing held pursuant to due notice may be postponed from time to time without a new notice((;)).
     (9) "Renewable natural resources," "natural resources" or "resources" includes land, air, water, vegetation, fish, wildlife, wild rivers, wilderness, natural beauty, scenery and open space((;)).
     (10) "Conservation" includes conservation, development, improvement, maintenance, preservation, protection and use, and alleviation of floodwater and sediment damages, and the disposal of excess surface waters.
     (11) "Farm and agricultural land" means either (a) land in any contiguous ownership of twenty or more acres devoted primarily to agricultural uses; (b) any parcel of land five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to one hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; or (c) any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income of one thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter. Agricultural lands shall also include farm woodlots of less than twenty and more than five acres and the land on which appurtenances necessary to production, preparation or sale of the agricultural products exist in conjunction with the lands producing such products. Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands."

Sec. 6002   RCW 89.08.030 and 1987 c 180 s 1 are each amended to read as follows:
     (1) There is hereby established ((to serve as an agency of the state and to perform the functions conferred upon it by law,)) within the department an advisory commission to be known as the state conservation commission((, which shall succeed to all powers, duties and property of the state soil and water conservation committee)). The commission shall carry out all the functions and duties enumerated in this chapter or specified in other laws.
     (2)(a) The commission shall consist of ten members, five of whom are ex officio. Two members shall be appointed by the governor, one of whom shall be a landowner or operator of a farm. At least two of the three elected members shall be landowners or operators of a farm and shall be elected as ((herein)) provided in this section. The appointed members shall serve for a term of four years.
     (b) The three elected members shall be elected for three-year terms, one shall be elected each year by the district supervisors at their annual statewide meeting. One of the members shall reside in eastern Washington, one in central Washington and one in western Washington, the specific boundaries to be determined by district supervisors. At the first such election, the term of the member from western Washington shall be one year, central Washington two years and eastern Washington three years, and successors shall be elected for three years.
     (c) Unexpired term vacancies in the office of appointed commission members shall be filled by appointment by the governor in the same manner as full-term appointments. Unexpired terms of elected commission members shall be filled by the regional vice president of the Washington association of conservation districts who is serving that part of the state where the vacancy occurs, such term to continue only until district supervisors can fill the unexpired term by electing the commission member.
     (d) The director of the department of ecology, the director of the department of agriculture, the commissioner of public lands, the president of the Washington association of conservation districts, and the dean of the college of agriculture at Washington State University shall be ex officio members of the commission. An ex officio member of the commission shall hold office so long as he or she retains the office by virtue of which he or she is a member of the commission. Ex officio members may delegate their authority.
     (e) The commission may invite appropriate officers of cooperating organizations, state and federal agencies to serve as advisers to the conservation commission.

Sec. 6003   RCW 89.08.040 and 2009 c 55 s 1 are each amended to read as follows:
     Members shall ((be compensated in accordance with RCW 43.03.250 and shall be entitled to)) receive travel expenses in accordance with RCW 43.03.050 and 43.03.060 incurred in the discharge of their duties.
     ((The commission shall keep a record of its official actions, shall adopt a seal, which shall be judicially noticed, and may perform such acts, hold such public hearings, and adopt such rules as may be necessary for the execution of its functions under chapter 184, Laws of 1973 1st ex. sess. The state department of ecology is empowered to pay the travel expenses of the elected and appointed members of the state conservation commission, and the salaries, wages and other expenses of such administrative officers or other employees as may be required under the provisions of this chapter.))

Sec. 6004   RCW 89.08.050 and 2009 c 55 s 2 are each amended to read as follows:
     The ((commission)) department may employ ((an administrative officer, and)) such technical experts and ((such)) other agents and employees((, permanent and temporary as it may require, and shall determine their qualifications, duties, and compensation. The commission may call upon the attorney general for such legal services as it)) that the department determines the commission may require.
     ((It)) The commission shall have authority to delegate to its chair((,)) or to one or more of its members((, to one or more agents or employees such)) those duties and powers as it deems proper. ((As long as the commission and the office of financial management under the provisions of chapter 43.82 RCW deems it appropriate and financially justifiable to do so, the commission shall be supplied with suitable office accommodations at the central office of the department of ecology, and shall be furnished the necessary supplies and equipment.))
     The commission shall organize annually and select a chair from among its members, who shall serve for one year from the date of the chair's selection. A majority of the commission shall constitute a quorum and all actions of the commission shall be by a majority vote of the members present and voting at a meeting at which a quorum is present.

Sec. 6005   RCW 89.08.070 and 2009 c 55 s 3 are each amended to read as follows:
     In addition to the duties and powers hereinafter conferred upon the commission, it shall have the following duties and powers:
     (1) To offer such assistance as may be appropriate to the supervisors of conservation districts organized under the provisions of chapter 184, Laws of 1973 1st ex. sess., in the carrying out of any of their powers and programs:
     (a) To assist and guide districts in the preparation and carrying out of programs for resource conservation authorized under chapter 184, Laws of 1973 1st ex. sess.;
     (b) To review district programs;
     (c) To coordinate the programs of the several districts and resolve any conflicts in such programs;
     (d) To facilitate, promote, assist, harmonize, coordinate, and guide the resource conservation programs and activities of districts as they relate to other special purpose districts, counties, and other public agencies.
     (2) To keep the supervisors of each of the several conservation districts organized under the provisions of chapter 184, Laws of 1973 1st ex. sess. informed of the activities and experience of all other districts organized hereunder, and to facilitate an interchange of advice and experience between such districts and cooperation between them.
     (3) To review agreements, or forms of agreements, proposed to be entered into by districts with other districts or with any state, federal, interstate, or other public or private agency, organization, or individual, and advise the districts concerning such agreements or forms of agreements.
     (4) ((To secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this state in the work of such districts.
     (5) To recommend the inclusion in annual and longer term budgets and appropriation legislation of the state of Washington of funds necessary for appropriation by the legislature to finance the activities of the commission and the conservation districts; to administer the provisions of any law hereinafter enacted by the legislature appropriating funds for expenditure in connection with the activities of conservation districts; to distribute to conservation districts funds, equipment, supplies and services received by the commission for that purpose from any source, subject to such conditions as shall be made applicable thereto in any state or federal statute or local ordinance making available such funds, property or services; to adopt rules establishing guidelines and suitable controls to govern the use by conservation districts of such funds, property and services; and to review all budgets, administrative procedures and operations of such districts and advise the districts concerning their conformance with applicable laws and rules.
     (6))) To encourage the cooperation and collaboration of state, federal, regional, interstate and local public and private agencies with the conservation districts, and facilitate arrangements under which the conservation districts may serve county governing bodies and other agencies as their local operating agencies in the administration of any activity concerned with the conservation of renewable natural resources.
     (((7) To disseminate information throughout the state concerning the activities and programs of the conservation districts organized hereunder, and to encourage the formation of such districts in areas where their organization is desirable; to make available information concerning the needs and the work of the conservation district and the commission to the governor, the legislature, executive agencies of the government of this state, political subdivisions of this state, cooperating federal agencies, and the general public.
     (8) Pursuant to procedures developed mutually by the commission and other state and local agencies that are authorized to plan or administer activities significantly affecting the conservation of renewable natural resources, to receive from such agencies for review and comment suitable descriptions of their plans, programs and activities for purposes of coordination with district conservation programs; to arrange for and participate in conferences necessary to avoid conflict among such plans and programs, to call attention to omissions, and to avoid duplication of effort.
     (9))) (5) To compile information and make studies, summaries and analysis of district programs in relation to each other and to other resource conservation programs on a statewide basis.
     (((10) To assist conservation districts in obtaining legal services from state and local legal officers.
     (11) To require annual reports from conservation districts, the form and content of which shall be developed by the commission.
     (12) To establish by rule, with the assistance and advice of the state auditor's office, adequate and reasonably uniform accounting and auditing procedures which shall be used by conservation districts.
     (13) To seek and accept grants from any source, public or private, to fulfill the purposes of the agency. The commission may also accept gifts or endowments that are made from time to time, in trust or otherwise, including real and personal property, for the use and benefit consistent with the purposes of this chapter.
     (14) To conduct conferences, seminars, and training sessions consistent with the purposes of this chapter, and may accept grants, gifts, and contributions, and may contract for services, to accomplish these activities. The commission may recover costs for these activities, whether the activity is sponsored or cosponsored by the commission, at a rate determined by the commission. The commission may provide reimbursement to participants in these activities and other commission sponsored meetings and events, as appropriate and approved by the commission, consistent with applicable statutes. The commission may provide meals for participants in working meetings.
     (15) To adopt rules to implement this section as it deems appropriate.))

NEW SECTION.  Sec. 6006   A new section is added to chapter 89.08 RCW to read as follows:
     In addition to the duties and powers conferred upon the department, it shall have the following duties and powers:
     (1) To secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this state in the work of such districts.
     (2) To recommend the inclusion in annual and longer-term budgets and appropriation legislation of the state of Washington of funds necessary for appropriation by the legislature to finance the activities of the commission and the conservation districts; to administer the provisions of any law enacted by the legislature appropriating funds for expenditure in connection with the activities of conservation districts; to distribute to conservation districts funds, equipment, supplies, and services received by the commission for that purpose from any source, subject to conditions as shall be made applicable thereto in any state or federal statute or local ordinance making available the funds, property, or services; to adopt rules establishing guidelines and suitable controls to govern the use by conservation districts of the funds, property, and services; and to review all budgets, administrative procedures, and operations of the districts and advise the districts concerning their conformance with applicable laws and rules.
     (3) To disseminate information throughout the state concerning the activities and programs of the conservation districts organized under this chapter, and to encourage the formation of districts in areas where their organization is desirable; to make available information concerning the needs and the work of the conservation district and the commission to the governor, the legislature, executive agencies of the government of this state, political subdivisions of this state, cooperating federal agencies, and the general public.
     (4) Pursuant to procedures developed mutually by the commission and other state and local agencies that are authorized to plan or administer activities significantly affecting the conservation of renewable natural resources, to receive from such agencies for review and comment suitable descriptions of their plans, programs, and activities for purposes of coordination with district conservation programs; to arrange for and participate in conferences necessary to avoid conflict among such plans and programs, to call attention to omissions, and to avoid duplication of effort.
     (5) To assist conservation districts in obtaining legal services from state and local legal officers.
     (6) To require annual reports from conservation districts, the form and content of which must be developed by the commission.
     (7) To establish by rule, with the assistance and advice of the state auditor's office, adequate and reasonably uniform accounting and auditing procedures which must be used by conservation districts.
     (8) To seek and accept grants from any source, public or private, to fulfill the purposes of the agency. The department may also accept gifts or endowments that are made from time to time, in trust or otherwise, including real and personal property, for the use and benefit consistent with the purposes of this chapter.
     (9) To conduct conferences, seminars, and training sessions consistent with the purposes of this chapter. The department may accept grants, gifts, and contributions, and may contract for service, to accomplish these activities. The department may recover costs for these activities, whether the activity is sponsored or cosponsored by the department, at a rate determined by the commission. The department may provide reimbursement to participants in these activities and other sponsored meetings and events, as appropriate, consistent with applicable statutes.
     (10) To adopt rules to implement this section as it deems appropriate.

Sec. 6007   RCW 89.08.080 and 1999 c 305 s 2 are each amended to read as follows:
     To form a conservation district, twenty percent of the voters within the area to be affected may file a petition with the ((commission)) department asking that the area be organized into a district.
     The petition shall give the name of the proposed district, state that it is needed in the interest of the public health, safety, and welfare, give a general description of the area proposed to be organized and request that the ((commission)) department determine that it be created, and that it define the boundaries thereof and call an election on the question of creating the district.
     If more than one petition is filed covering parts of the same area, the ((commission)) department may consolidate all or any of them.

Sec. 6008   RCW 89.08.090 and 1973 1st ex.s. c 184 s 10 are each amended to read as follows:
     (1) The department shall provide a petition to the commission for a hearing and recommendation on the disposition of the petition.
     (2) Within thirty days after a petition is filed, the commission shall give due notice of the time and place of a public hearing thereon. At the hearing all interested persons shall be heard.
     (3) If it appears to the commission that additional land should be included in the district, the hearing shall be adjourned and a new notice given covering the entire area and a new date fixed for further hearing, unless waiver of notice by the owners of the additional land is filed with the commission.
     (4) No district shall include any portion of a railroad right-of-way, or another similar district. The lands included in a district need not be contiguous.

Sec. 6009   RCW 89.08.100 and 1973 1st ex.s. c 184 s 11 are each amended to read as follows:
     After the hearing, the commission shall provide to the department its finding and recommendations. If the commission finds that the public health, safety, and welfare warrant the creation of the district, it shall recommend to the department to enter an order to that effect and define the boundaries thereof by metes and bounds or by legal subdivisions.
     In making its findings the commission shall consider the topography of the particular area and of the state generally; the composition of the soil; the distribution of erosion; the prevailing land use practices; the effects upon and benefits to the land proposed to be included; the relation of the area to existing watersheds and agricultural regions and to other similar districts organized or proposed; and consider such other physical, geographical, and economic factors as are relevant.
     If the commission finds there is no need for the district, it shall recommend to the department to enter an order denying the petition((, and no petition covering the same or substantially the same area may be filed within six months thereafter)).

NEW SECTION.  Sec. 6010   A new section is added to chapter 89.08 RCW to read as follows:
     The department shall review the findings and recommendations of the commission. The department may enter a final order consistent with the recommendation of the commission or request additional action from the commission.

Sec. 6011   RCW 89.08.110 and 1999 c 305 s 3 are each amended to read as follows:
     If the ((commission)) department finds that the district is needed, it shall then determine whether it is practicable. To assist the ((commission)) department in determining this question, it shall, within a reasonable time, submit the proposition to a vote of the district electors in the proposed district.
     The ((commission)) department shall fix the date of the election, designate the polling places, fix the hours for opening and closing the polls, and appoint the election officials. The election shall be conducted, the vote counted and returns canvassed and the results published by the ((commission)) department.

Sec. 6012   RCW 89.08.120 and 1973 1st ex.s. c 184 s 13 are each amended to read as follows:
     The ((commission)) department shall provide the ballots for the election which shall contain the words

     "□ For creation of a conservation district of the lands below described and lying in the county or counties of . . . . . ., . . . . . . and . . . . . .," and
     "□ Against creation of a conservation district of the lands below described and lying in the county or counties of . . . . . ., . . . . . . and . . . . . ."

     The ballot shall set forth the boundaries of the proposed district, and contain a direction to insert an X in the square of the voter's choice.

Sec. 6013   RCW 89.08.130 and 1999 c 305 s 4 are each amended to read as follows:
     The ((commission)) department shall give due notice of the election, which shall state generally the purpose of the election, the date thereof, the place and hours of voting, and set forth the boundaries of the proposed district.
     Only qualified district electors within the proposed district as determined by the ((commission)) department may vote at the election. Each voter shall vote in the polling place nearest the voter's residence.

Sec. 6014   RCW 89.08.140 and 1973 1st ex.s. c 184 s 15 are each amended to read as follows:
     The ((commission)) department shall bear all expense of giving the notices and conducting the hearings and election, and shall issue regulations governing all hearings and elections and supervise the conduct thereof. It shall provide for registration of eligible voters or prescribe the procedure to determine the eligible voters. No informality in connection with the election shall invalidate the results, if the notice thereof was substantially given, and the election fairly conducted.

Sec. 6015   RCW 89.08.150 and 1999 c 305 s 5 are each amended to read as follows:
     If a majority of the votes cast at the election are against the creation of the district, the ((commission shall)) department may deny the petition. If a majority favor the district, the ((commission shall)) department, with the assistance of the commission, may determine the practicability of the project.
     In making such determination, the commission and the department shall consider the attitude of the voters of the district; the number of eligible voters who voted at the election; the size of the majority vote; the wealth and income of the land occupiers; the probable expense of carrying out the project; and any other economic factors relevant thereto.
     If the commission finds that the project is impracticable it shall recommend to the department to enter an order to that effect and deny the petition. ((When)) If the department denies the petition ((has been denied)), no new petition covering the same or substantially the same area may be filed within six months therefrom.

Sec. 6016   RCW 89.08.160 and 1973 1st ex.s. c 184 s 17 are each amended to read as follows:
     If the ((commission)) department finds the project practicable, it shall appoint two supervisors from a list provided by the commission, one of whom shall be a landowner or operator of a farm, who shall be qualified by training and experience to perform the specialized skilled services required of them. They, with the three elected supervisors, two of whom shall be landowners or operators of a farm, shall constitute the governing board of the district.
     The two appointed supervisors shall file with the secretary of state a sworn application, reciting that a petition was filed with the ((commission)) department for the creation of the district; that all required proceedings were had thereon; that they were appointed by the ((commission)) department as such supervisors; and that the application is being filed to complete the organization of the district. It shall contain the names and residences of the applicants, a certified copy of their appointments, the name of the district, the location of the office of the supervisors and the term of office of each applicant.
     The application shall be accompanied by a statement of the ((commission)) department, reciting that a petition was filed, notice issued, and hearing held thereon as required; that it determined the need for the district and defined the boundaries thereof; that notice was given and an election held on the question of creating the district; that a majority vote favored the district, and that the ((commission)) department had determined the district practicable; and shall set forth the boundaries of the district.

Sec. 6017   RCW 89.08.170 and 1973 1st ex.s. c 184 s 18 are each amended to read as follows:
     If the secretary of state finds that the name of the proposed district is such as will not be confused with that of any other district, ((he)) the secretary of state shall enter the application and statement in his or her records. If ((he)) the secretary of state finds the name may be confusing, he or she shall certify that fact to the ((commission)) department, which shall submit a new name free from such objections, and ((he)) the secretary of state shall enter the application and statement as modified, in his or her records. Thereupon the district shall be considered organized into a body corporate.
     The secretary of state shall then issue to the supervisors a certificate of organization of the district under the seal of the state, and shall record the certificate in his or her office. Proof of the issuance of the certificate shall be evidence of the establishment of the district, and a certified copy of the certificate shall be admissible as evidence and shall be proof of the filing and contents thereof. The name of a conservation district may be changed upon recommendation by the supervisors of a district and approval by the ((state conservation commission)) department and the secretary of state. The new name shall be recorded by the secretary of state following the same general procedure as for the previous name.

Sec. 6018   RCW 89.08.180 and 1999 c 305 s 6 are each amended to read as follows:
     Territory may be added to an existing district upon filing a petition as in the case of formation with the ((commission)) department by twenty percent of the voters of the affected area to be included. The same procedure shall be followed as for the creation of the district.
     As an alternate procedure, the ((commission)) department may upon the petition of a majority of the voters in any one or more districts or in unorganized territory adjoining a conservation district change the boundaries of a district, or districts, if such action will promote the practical and feasible administration of such district or districts.
     Upon petition of the boards of supervisors of two or more districts, the ((commission)) department may approve the combining of all or parts of such districts and name the district, or districts, with the approval of the name by the secretary of state. A public hearing and/or a referendum may be held if deemed necessary or desirable by the ((commission)) department in order to determine the wishes of the voters.
     When districts are combined, the joint boards of supervisors will first select a ((chairman)) chair, secretary, and other necessary officers and select a regular date for meetings. All elected supervisors will continue to serve as members of the board until the expiration of their current term of office, and/or until the election date nearest their expiration date. All appointed supervisors will continue to serve until the expiration of their current term of office, at which time the ((commission)) department will make the necessary appointments. In the event that more than two districts are combined, a similar procedure will be set up and administered by the ((commission)) department.
     When districts are combined or territory is moved from one district to another, the property, records, and accounts of the districts involved shall be distributed to the remaining district or districts as approved by the ((commission)) department. A new certificate of organization, naming and describing the new district or districts, shall be issued by the secretary of state.

Sec. 6019   RCW 89.08.185 and 1999 c 305 s 7 are each amended to read as follows:
     The local governing body of any city or incorporated town within an existing district may approve by majority vote a petition to withdraw from the district. The petition shall be submitted to the district for its approval. If approved by the district, the petition shall be sent to the ((commission)) department. The ((commission)) department shall approve the petition and forward it to the secretary of state and the boundary of the district shall be adjusted accordingly. If the petition is not approved by the district, the district shall adopt a resolution specifying the reasons why the petition is not approved. The petition and the district's resolution shall be sent to the ((commission)) department for its review. The ((commission)) department shall approve or reject the petition based upon criteria it has adopted for the evaluation of petitions in dispute. If the ((commission)) department approves the petition, it shall forward the petition to the secretary of state and the boundaries of the district shall be adjusted accordingly. The criteria used by the ((commission)) department to evaluate petitions which are in dispute shall be adopted as rules by the ((commission)) department under chapter 34.05 RCW, the administrative procedure act.

Sec. 6020   RCW 89.08.190 and 2002 c 43 s 3 are each amended to read as follows:
     Within thirty days after the issuance of the certificate of organization, unless the time is extended by the ((commission)) department, petitions shall be filed with the ((commission)) department to nominate candidates for the three elected supervisors. The petition shall be signed by not less than twenty-five district electors, and a district elector may sign petitions nominating more than one person.
     In the case of a new district, the ((commission)) department shall give due notice to elect the three supervisors. All provisions pertaining to elections on the creation of a district shall govern this election so far as applicable. The names of all nominees shall appear on the ballot in alphabetical order, together with instructions to vote for three. The three candidates receiving the most votes shall be declared elected supervisors, the one receiving the most being elected for a three-year term, the next for two and the last for one year. An alternate method of dividing the district into three zones may be used when requested by the board of supervisors and approved by the ((commission)) department. In such case, instructions will be to vote for one in each zone. The candidate receiving the most votes in a zone shall be declared elected.
     Each year after the creation of the first board of supervisors, the board shall by resolution and by giving due notice, set a date during the first quarter of each calendar year at which time it shall conduct an election, except that for elections in 2002 only, the board shall set the date during the second quarter of the calendar year at which time it shall conduct an election. Names of candidates nominated by petition shall appear in alphabetical order on the ballots, together with an extra line wherein may be written in the name of any other candidate. The ((commission)) department shall establish procedures for elections, canvass the returns and announce the official results thereof. Election results may be announced by polling officials at the close of the election subject to official canvass of ballots by the ((commission)) department. Supervisors elected shall take office at the first board meeting following the election.

Sec. 6021   RCW 89.08.200 and 1973 1st ex.s. c 184 s 21 are each amended to read as follows:
     The term of office of each supervisor shall be three years and until his or her successor is appointed or elected and qualified, except that the supervisors first appointed shall serve for one and two years respectively from the date of their appointments, as designated in their appointments.
     In the case of elected supervisors, the term of office of each supervisor shall be three years and until his or her successor is elected and qualified, except that for the first election, the one receiving the largest number of votes shall be elected for three years; the next largest two years; and the third largest one year. Successors shall be elected for three-year terms.
     Vacancies in the office of appointed supervisors shall be filled by the ((state conservation commission)) department. Vacancies in the office of elected supervisors shall be filled by appointment made by the remaining supervisors for the unexpired term.
     A majority of the supervisors shall constitute a quorum and the concurrence of a majority is required for any official action or determination.
     Supervisors shall serve without compensation, but they shall be entitled to expenses, including traveling expenses, necessarily incurred in discharge of their duties. A supervisor may be removed by the ((state conservation commission)) department upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason.
     The governing board shall designate a ((chairman)) chair from time to time.

Sec. 6022   RCW 89.08.210 and 2000 c 45 s 1 are each amended to read as follows:
     The supervisors may employ a secretary, treasurer, technical experts, and such other officers, agents, and employees, permanent and temporary, as they may require, and determine their qualifications, duties, and compensation. It may call upon the attorney general for legal services, or may employ its own counsel and legal staff. The supervisors may delegate to their ((chairman)) chair, to one or more supervisors, or to one or more agents or employees such powers and duties as it deems proper. The supervisors shall furnish to the ((commission)) department, upon request, copies of such internal rules, regulations, orders, contracts, forms, and other documents as they shall adopt or employ, and such other information concerning their activities as the ((commission)) department may require in the performance of its duties under chapter 184, Laws of 1973 1st ex. sess. The supervisors shall provide for the execution of surety bonds for officers and all employees who shall be entrusted with funds or property.
     The supervisors shall provide for the keeping of a full and accurate record of all proceedings, resolutions, regulations, and orders issued or adopted. The supervisors shall provide for an annual audit of the accounts of receipts and disbursements in accordance with procedures prescribed by ((regulations)) rules of the ((commission)) department.
     The board may invite the legislative body of any municipality or county near or within the district, to designate a representative to advise and consult with it on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county. The governing body of a district shall appoint such advisory committees as may be needed to assure the availability of appropriate channels of communication to the board of supervisors, to persons affected by district operations, and to local, regional, state and interstate special-purpose districts and agencies responsible for community planning, zoning, or other resource development activities. The district shall keep such committees informed of its work, and such advisory committees shall submit recommendations from time to time to the board of supervisors.

Sec. 6023   RCW 89.08.220 and 1999 c 305 s 8 are each amended to read as follows:
     A conservation district organized under the provisions of chapter 184, Laws of 1973 1st ex. sess. shall constitute a governmental subdivision of this state, and a public body corporate and politic exercising public powers, but shall not levy taxes or issue bonds and such district, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of chapter 184, Laws of 1973 1st ex. sess.:
     (1) To conduct surveys, investigations, and research relating to the conservation of renewable natural resources and the preventive and control measures and works of improvement needed, to publish the results of such surveys, investigations, or research, and to disseminate information concerning such preventive and control measures and works of improvement: PROVIDED, That in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies;
     (2) To conduct educational and demonstrational projects on any lands within the district upon obtaining the consent of the occupier of such lands and such necessary rights or interests in such lands as may be required in order to demonstrate by example the means, methods, measures, and works of improvement by which the conservation of renewable natural resources may be carried out;
     (3) To carry out preventative and control measures and works of improvement for the conservation of renewable natural resources, within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of lands, and the measures listed in RCW 89.08.010, on any lands within the district upon obtaining the consent of the occupier of such lands and such necessary rights or interests in such lands as may be required;
     (4) To cooperate or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any occupier of lands within the district in the carrying on of preventive and control measures and works of improvement for the conservation of renewable natural resources within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of chapter 184, Laws of 1973 1st ex. sess. For purposes of this subsection only, land occupiers who are also district supervisors are not subject to the provisions of RCW 42.23.030;
     (5) To obtain options upon and to acquire in any manner, except by condemnation, by purchase, exchange, lease, gift, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer, and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of chapter 184, Laws of 1973 1st ex. sess.; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of chapter 184, Laws of 1973 1st ex. sess.;
     (6) To make available, on such terms, as it shall prescribe, to land occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, seeds, seedlings, and such other equipment and material as will assist them to carry on operations upon their lands for the conservation of renewable natural resources;
     (7) To prepare and keep current a comprehensive long-range program recommending the conservation of all the renewable natural resources of the district. Such programs shall be directed toward the best use of renewable natural resources and in a manner that will best meet the needs of the district and the state, taking into consideration, where appropriate, such uses as farming, grazing, timber supply, forest, parks, outdoor recreation, potable water supplies for urban and rural areas, water for agriculture, minimal flow, and industrial uses, watershed stabilization, control of soil erosion, retardation of water run-off, flood prevention and control, reservoirs and other water storage, restriction of developments of floodplains, protection of open space and scenery, preservation of natural beauty, protection of fish and wildlife, preservation of wilderness areas and wild rivers, the prevention or reduction of sedimentation and other pollution in rivers and other waters, and such location of highways, schools, housing developments, industries, airports and other facilities and structures as will fit the needs of the state and be consistent with the best uses of the renewable natural resources of the state. The program shall include an inventory of all renewable natural resources in the district, a compilation of current resource needs, projections of future resource requirements, priorities for various resource activities, projected timetables, descriptions of available alternatives, and provisions for coordination with other resource programs.
     The district shall also prepare an annual work plan, which shall describe the action programs, services, facilities, materials, working arrangements and estimated funds needed to carry out the parts of the long-range programs that are of the highest priorities.
     The districts shall hold public hearings at appropriate times in connection with the preparation of programs and plans, shall give careful consideration to the views expressed and problems revealed in hearings, and shall keep the public informed concerning their programs, plans, and activities. Occupiers of land shall be invited to submit proposals for consideration to such hearings. The districts may supplement such hearings with meetings, referenda and other suitable means to determine the wishes of interested parties and the general public in regard to current and proposed plans and programs of a district. They shall confer with public and private agencies, individually and in groups, to give and obtain information and understanding of the impact of district operations upon agriculture, forestry, water supply and quality, flood control, particular industries, commercial concerns and other public and private interests, both rural and urban.
     Each district shall submit to the ((commission)) department its proposed long-range program and annual work plans for review and comment.
     The long-range renewable natural resource program, together with the supplemental annual work plans, developed by each district under the foregoing procedures shall have official status as the authorized program of the district, and it shall be published by the districts as its "renewable resources program". Copies shall be made available by the districts to the appropriate counties, municipalities, special purpose districts and state agencies, and shall be made available in convenient places for examination by public land occupier or private interest concerned. Summaries of the program and selected material therefrom shall be distributed as widely as feasible for public information;
     (8) To administer any project or program concerned with the conservation of renewable natural resources located within its boundaries undertaken by any federal, state, or other public agency by entering into a contract or other appropriate administrative arrangement with any agency administering such project or program;
     (9) Cooperate with other districts organized under chapter 184, Laws of 1973 1st ex. sess. in the exercise of any of its powers;
     (10) To accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, from this state or any of its agencies, or from any other source, and to use or expend such moneys, services, materials, or any contributions in carrying out the purposes of chapter 184, Laws 1973 1st ex. sess.;
     (11) To sue and be sued in the name of the district; to have a seal which shall be judicially noticed; have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to borrow money and to pledge, mortgage and assign the income of the district and its real or personal property therefor; and to make, amend rules and regulations not inconsistent with chapter 184, Laws of 1973 1st ex. sess. and to carry into effect its purposes;
     (12) Any two or more districts may engage in joint activities by agreement between or among them in planning, financing, constructing, operating, maintaining, and administering any program or project concerned with the conservation of renewable natural resources. The districts concerned may make available for purposes of the agreement any funds, property, personnel, equipment, or services available to them under chapter 184, Laws of 1973 1st ex. sess.;
     Any district may enter into such agreements with a district or districts in adjoining states to carry out such purposes if the law in such other states permits the districts in such states to enter into such agreements.
     The ((commission)) department shall have authority to propose, guide, and facilitate the establishment and carrying out of any such agreement;
     (13) Every district shall, through public hearings, annual meetings, publications, or other means, keep the general public, agencies and occupiers of land within the district, informed of the works and activities planned and administered by the district, of the purposes these will serve, of the income and expenditures of the district, of the funds borrowed by the district and the purposes for which such funds are expended, and of the results achieved annually by the district; and
     (14) The supervisors of conservation districts may designate an area, state, and national association of conservation districts as a coordinating agency in the execution of the duties imposed by this chapter, and to make gifts in the form of dues, quotas, or otherwise to such associations for costs of services rendered, and may support and attend such meetings as may be required to promote and perfect the organization and to effect its purposes.

Sec. 6024   RCW 89.08.341 and 1973 1st ex.s. c 184 s 24 are each amended to read as follows:
     Any agency of the government of this state and any local political subdivision of this state is hereby authorized to make such arrangements with any district, through contract, regulation or other appropriate means, wherever it believes that such arrangements will promote administrative efficiency or economy.
     In connection with any such arrangements, any state or local agency or political subdivision of this state is authorized, within the limits of funds available to it, to contribute funds, equipment, property or services to any district; and to collaborate with a district in jointly planning, constructing, financing or operating any work or activity provided for in such arrangements and in the joint acquisition, maintenance and operation of equipment or facilities in connection therewith.
     State agencies, the districts, and other local agencies are authorized to make available to each other maps, reports and data in their possession that are useful in the preparation of their respective programs and plans for resource conservation. The districts shall keep the state and local agencies fully informed concerning the status and progress of the preparation of their resource conservation programs and plans.
     The ((state conservation commission)) department and the counties of the state may provide respective conservation districts such administrative funds as will be necessary to carry out the purpose of chapter 184, Laws of 1973 1st ex. sess.

Sec. 6025   RCW 89.08.350 and 1999 c 305 s 9 are each amended to read as follows:
     At any time after five years from the organization of a district, twenty percent of the voters in the district may file with the ((commission)) department a petition, praying that the district be dissolved. The department shall provide the petition to the commission for a hearing recommendation on the disposition of the petition. The commission may hold public hearings thereon, and within sixty days from receipt of the petition, shall recommend to the department whether to hold an election on the question of the dissolution. If the commission recommends an election, the department shall give due notice of an election on the question of dissolution. ((It)) The department shall provide appropriate ballots, conduct the election, canvass the returns, and declare the results in the same manner as for elections to create a district.
     All district electors may vote at the election. No informality relating to the election shall invalidate it if notice is substantially given and the election is fairly conducted.

Sec. 6026   RCW 89.08.370 and 1999 c 305 s 11 are each amended to read as follows:
     If the district is ordered dissolved, the supervisors shall forthwith terminate the affairs of the district and dispose of all district property at public auction, and pay the proceeds therefrom to pay any debts of the district and any remaining balance to the state treasurer.
     They shall then file a verified application with the secretary of state for the dissolution of the district, accompanied by a certificate of the ((commission)) department reciting the determination that further operation of the district is impracticable. The application shall recite that the property of the district has been disposed of, that the proceeds therefrom have been used to pay any debts of the district and any remaining balance paid to the treasurer, and contain a full accounting of the property and proceeds. Thereupon the secretary shall issue to the supervisors a certificate of dissolution and file a copy thereof in his or her records.

Sec. 6027   RCW 89.08.410 and 2005 c 31 s 1 are each amended to read as follows:
     The state conservation commission may recommend to the department and the department may authorize grants to conservation districts from moneys appropriated to the ((commission)) department for such purposes as provided in this section. Such grants shall be awarded annually on or before the last day of June of each year and shall be made only to those conservation districts that apply for the grants. The ((conservation commission)) department may adopt rules pertaining to eligibility and distribution of these funds. ((The conservation commission shall submit a report on the distribution of these funds to the appropriate committees of the legislature by September 30, 2007.))

Sec. 6028   RCW 89.08.470 and 2003 c 39 s 47 are each amended to read as follows:
     (1) ((By January 1, 1996,)) The department, with the advice of the Washington conservation commission, shall develop, in consultation with other state agencies, tribes, and local governments, a consolidated application process for permits for a watershed restoration project developed by an agency or sponsored by an agency on behalf of a volunteer organization. The consolidated process shall include a single permit application form for use by all responsible state and local agencies. The ((commission)) department shall encourage use of the consolidated permit application process by any federal agency responsible for issuance of related permits. The permit application forms to be consolidated shall include, at a minimum, applications for: (a) Approvals related to water quality standards under chapter 90.48 RCW; (b) hydraulic project approvals under chapter 77.55 RCW; and (c) section 401 water quality certifications under 33 U.S.C. Sec. 1341 and chapter 90.48 RCW.
     (2) If a watershed restoration project is also a fish habitat enhancement project that meets the criteria of RCW ((77.55.290(1))) 77.55.181(1), the project sponsor shall instead follow the permit review and approval process established in RCW ((77.55.290)) 77.55.181 with regard to state and local government permitting requirements. The sponsor shall so notify state and local permitting authorities.

Sec. 6029   RCW 89.08.480 and 1995 c 378 s 4 are each amended to read as follows:
     Each agency of the state and unit of local government that claims jurisdiction or the right to require permits, other approvals, or fees as a condition of allowing a watershed restoration project to proceed shall designate an office or official as a designated recipient of project applications and shall inform the ((conservation commission)) department of the designation.

Sec. 6030   RCW 89.08.520 and 2008 c 299 s 27 are each amended to read as follows:
     (1) In administering grant programs to improve water quality and protect habitat, the ((commission)) department shall:
     (a) Require grant recipients to incorporate the environmental benefits of the project into their grant applications;
     (b) In its grant prioritization and selection process, consider:
     (i) The statement of environmental benefits;
     (ii) Whether, except as conditioned by RCW 89.08.580, the applicant is a Puget Sound partner, as defined in RCW 90.71.010, and except as otherwise provided in RCW 89.08.590, and effective one calendar year following the development and statewide availability of model evergreen community management plans and ordinances under RCW 35.105.050, whether the applicant is an entity that has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in RCW 35.105.030; and
     (iii) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310; and
     (c) Not provide funding, after January 1, 2010, for projects designed to address the restoration of Puget Sound that are in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
     (2)(a) The ((commission)) department shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grant program.
     (b) The ((commission)) department shall work with the districts to develop uniform performance measures across participating districts and, to the extent possible, the ((commission)) department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The ((commission)) department shall consult with affected interest groups in implementing this section.

Sec. 6031   RCW 89.08.530 and 2007 c 352 s 4 are each amended to read as follows:
     (1) The agricultural conservation easements program is created. The ((state conservation commission)) department shall manage the program and adopt rules as necessary to implement the legislature's intent with the advice of the commission.
     (2) The ((commission)) department shall report to the legislature on an on-going basis regarding potential funding sources for the purchase of agricultural conservation easements under the program and recommend changes to existing funding authorized by the legislature.
     (3) All funding for the program shall be deposited into the agricultural conservation easements account created in RCW 89.08.540. Expenditures from the account shall be made to local governments and private nonprofits on a match or no match required basis at the discretion of the department with the recommendation of the commission. Moneys in the account may be used to purchase easements in perpetuity or to purchase or lease easements for a fixed term.
     (4) Easements purchased with money from the agricultural conservation easements account run with the land.

Sec. 6032   RCW 89.08.540 and 2007 c 352 s 5 are each amended to read as follows:
     (1) The agricultural conservation easements account is created in the custody of the state treasurer. All receipts from legislative appropriations, other sources as directed by the legislature, and gifts, grants, or endowments from public or private sources must be deposited into the account. Expenditures from the account may be used only for the purchase of easements in perpetuity or for the purchase or lease of easements for a fixed term under the agricultural conservation easements program. Only the ((state conservation commission, or the executive director of the commission on the commission's behalf,)) director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
     (2) The ((commission)) department is authorized to receive and expend gifts, grants, or endowments from public or private sources that are made available, in trust or otherwise, for the use and benefit of the agricultural conservation easements program.

Sec. 6033   RCW 89.08.550 and 2005 c 30 s 1 are each amended to read as follows:
     (1) The conservation assistance revolving account is created in the custody of the state treasurer. Moneys from the account may only be spent after appropriation. Moneys placed in the account shall include principal and interest from the repayment of any loans granted under this section, and any other moneys appropriated to the account by the legislature. Expenditures from the account may be used only to make loans to landowners for projects enrolled in the conservation reserve enhancement program and the continuous conservation reserve program.
     (2) In order to aid the financing of conservation reserve enhancement program projects and continuous conservation reserve program projects, the ((conservation commission)) department, through the conservation districts, may make interest-free loans to these enrollees from the conservation assistance revolving account. The ((conservation commission)) department may require such terms and conditions as it deems necessary to carry out the purposes of this section. Loans to landowners shall be for costs associated with the installation of conservation improvements eligible for and secured by federal farm service agency practice incentive payment reimbursement. Loans under this program promote critical habitat protection and restoration by bridging the financing gap between project implementation and federal funding. The ((conservation commission)) department shall give loan preferences to those projects expected to generate the greatest environmental benefits and that occur in basins with critical or depressed salmonid stocks. Money received from landowners in loan repayments made under this section shall be paid into the conservation assistance revolving account for uses consistent with this section.

Sec. 6034   RCW 89.08.580 and 2007 c 341 s 29 are each amended to read as follows:
     When administering water quality and habitat protection grants under this chapter, the ((commission)) department shall give preference only to Puget Sound partners, as defined in RCW 90.71.010, in comparison to other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due to geographic location, composition, exclusion from the scope of the Puget Sound action agenda developed by the Puget Sound partnership under RCW 90.71.310, or for any other reason, shall not be given less preferential treatment than Puget Sound partners.

Sec. 6035   RCW 89.08.590 and 2008 c 299 s 32 are each amended to read as follows:
     When administering funds under this chapter, the ((commission)) department shall give preference only to an evergreen community recognized under RCW 35.105.030 in comparison to other entities that are eligible to receive evergreen community designation. Entities not eligible for designation as an evergreen community shall not be given less preferential treatment than an evergreen community.

Sec. 6036   RCW 43.03.028 and 2010 1st sp.s. c 7 s 2 are each amended to read as follows:
     (1) The department of personnel shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:
     The arts commission; the human rights commission; the board of accountancy; the board of pharmacy; the eastern Washington historical society; the Washington state historical society; the recreation and conservation office; the criminal justice training commission; the department of personnel; the state library; the traffic safety commission; the horse racing commission; the advisory council on vocational education; the public disclosure commission; ((the state conservation commission;)) the commission on Hispanic affairs; the commission on Asian Pacific American affairs; the state board for volunteer firefighters and reserve officers; the transportation improvement board; the public employment relations commission; the forest practices appeals board; and the energy facilities site evaluation council.
     (2) The department of personnel shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.

Sec. 6037   RCW 43.41.270 and 2009 c 345 s 12 are each amended to read as follows:
     (1) The office of financial management shall assist natural resource-related agencies in developing outcome-focused performance measures for administering natural resource-related and environmentally based grant and loan programs. These performance measures are to be used in determining grant eligibility, for program management and performance assessment.
     (2) The office of financial management and the recreation and conservation office shall assist natural resource-related agencies in developing recommendations for a monitoring program to measure outcome-focused performance measures required by this section. The recommendations must be consistent with the framework and coordinated monitoring strategy developed by the monitoring oversight committee established in RCW 77.85.210.
     (3) Natural resource agencies shall consult with grant or loan recipients including local governments, tribes, nongovernmental organizations, and other interested parties, and report to the office of financial management on the implementation of this section.
     (4) For purposes of this section, "natural resource-related agencies" include the department of ecology, the department of natural resources, the department of fish and wildlife, ((the state conservation commission,)) the recreation and conservation funding board, the salmon recovery funding board, and the public works board within the department of ((community, trade, and economic development)) commerce.
     (5) For purposes of this section, "natural resource-related environmentally based grant and loan programs" includes the conservation reserve enhancement program; dairy nutrient management grants under chapter 90.64 RCW; ((state conservation commission)) department of agriculture water quality grants under chapter 89.08 RCW; coordinated prevention grants, public participation grants, and remedial action grants under RCW 70.105D.070; water pollution control facilities financing under chapter 70.146 RCW; aquatic lands enhancement grants under RCW 79.105.150; habitat grants under the Washington wildlife and recreation program under RCW 79A.15.040; salmon recovery grants under chapter 77.85 RCW; and the public works trust fund program under chapter 43.155 RCW. The term also includes programs administered by the department of fish and wildlife related to protection or recovery of fish stocks which are funded with moneys from the capital budget.

Sec. 6038   RCW 43.325.020 and 2009 c 451 s 3 are each amended to read as follows:
     (1) The energy freedom program is established within the department. The director may establish policies and procedures necessary for processing, reviewing, and approving applications made under this chapter.
     (2) When reviewing applications submitted under this program, the director shall consult with those agencies and other public entities having expertise and knowledge to assess the technical and business feasibility of the project and probability of success. These agencies may include, but are not limited to, Washington State University, the University of Washington, the department of ecology, the department of natural resources, the department of agriculture, the department of general administration, local clean air authorities, ((the Washington state conservation commission,)) and the clean energy leadership council created in section 2, chapter 318, Laws of 2009.
     (3) Except as provided in subsections (4) and (5) of this section, the director, in cooperation with the department of agriculture, may approve an application only if the director finds:
     (a) The project will convert farm products, wastes, cellulose, or biogas directly into electricity or biofuel or other coproducts associated with such conversion;
     (b) The project demonstrates technical feasibility and directly assists in moving a commercially viable project into the marketplace for use by Washington state citizens;
     (c) The facility will produce long-term economic benefits to the state, a region of the state, or a particular community in the state;
     (d) The project does not require continuing state support;
     (e) The assistance will result in new jobs, job retention, or higher incomes for citizens of the state;
     (f) The state is provided an option under the assistance agreement to purchase a portion of the fuel or feedstock to be produced by the project, exercisable by the department of general administration;
     (g) The project will increase energy independence or diversity for the state;
     (h) The project will use feedstocks produced in the state, if feasible, except this criterion does not apply to the construction of facilities used to distribute and store fuels that are produced from farm products or wastes;
     (i) Any product produced by the project will be suitable for its intended use, will meet accepted national or state standards, and will be stored and distributed in a safe and environmentally sound manner;
     (j) The application provides for adequate reporting or disclosure of financial and employment data to the director, and permits the director to require an annual or other periodic audit of the project books; and
     (k) For research and development projects, the application has been independently reviewed by a peer review committee as defined in RCW 43.325.010 and the findings delivered to the director.
     (4) When reviewing an application for a refueling project, the coordinator may award a grant or a loan to an applicant if the director finds:
     (a) The project will offer alternative fuels to the motoring public;
     (b) The project does not require continued state support;
     (c) The project is located within a green highway zone as defined in RCW 43.325.010;
     (d) The project will contribute towards an efficient and adequately spaced alternative fuel refueling network along the green highways designated in RCW 47.17.020, 47.17.135, and 47.17.140; and
     (e) The project will result in increased access to alternative fueling infrastructure for the motoring public along the green highways designated in RCW 47.17.020, 47.17.135, and 47.17.140.
     (5) When reviewing an application for energy efficiency improvements, renewable energy improvements, or innovative energy technology, the director may award a grant or a loan to an applicant if the director finds:
     (a) The project or program will result in increased access for the public, state and local governments, and businesses to energy efficiency improvements, renewable energy improvements, or innovative energy technologies;
     (b) The project or program demonstrates technical feasibility and directly assists in moving a commercially viable project into the marketplace for use by Washington state citizens;
     (c) The project or program does not require continued state support; or
     (d) The federal government has provided funds with a limited time frame for use for energy independence and security, energy efficiency, renewable energy, innovative energy technologies, or conservation.
     (6)(a) The director may approve a project application for assistance under subsection (3) of this section up to five million dollars. In no circumstances shall this assistance constitute more than fifty percent of the total project cost.
     (b) The director may approve a refueling project application for a grant or a loan under subsection (4) of this section up to fifty thousand dollars. In no circumstances shall a grant or a loan award constitute more than fifty percent of the total project cost.
     (7) The director shall enter into agreements with approved applicants to fix the terms and rates of the assistance to minimize the costs to the applicants, and to encourage establishment of a viable bioenergy or biofuel industry, or a viable energy efficiency, renewable energy, or innovative energy technology industry. The agreement shall include provisions to protect the state's investment, including a requirement that a successful applicant enter into contracts with any partners that may be involved in the use of any assistance provided under this program, including services, facilities, infrastructure, or equipment. Contracts with any partners shall become part of the application record.
     (8) The director may defer any payments for up to twenty-four months or until the project starts to receive revenue from operations, whichever is sooner.

Sec. 6039   RCW 77.85.020 and 2009 c 345 s 4 are each amended to read as follows:
     (1) Beginning December 2010, the recreation and conservation office shall produce a biennial report on the statewide status of salmon recovery and watershed health, summarize projects and programs funded by the salmon recovery funding board, and summarize progress as measured by high-level indicators and state agency compliance with applicable protocols established by the forum for monitoring salmon recovery and watershed health. The report must be a consolidation of the current reporting activities, including the salmon recovery funding board and the forum on monitoring salmon recovery and watershed health, on the status of salmon recovery and watershed health in Washington state, in accordance with RCW 77.85.250(8). The report shall also include a high-level status report on watershed planning efforts under chapter 90.82 RCW as summarized by the department of ecology and on salmon recovery and watershed planning as summarized by the Puget Sound partnership. The report's introduction must include a list of high-level questions related to the status of watershed health and salmon recovery to help decision makers and the public respond to salmon recovery and watershed health management needs.
     (2) The department, the department of ecology, the department of natural resources, and the ((state conservation commission)) department of agriculture shall provide to the recreation and conservation office information requested by the office necessary to prepare the consolidated report on salmon recovery and watershed health.

Sec. 6040   RCW 77.85.220 and 2003 c 391 s 4 are each amended to read as follows:
     (1) If a limiting factors analysis has been conducted under this chapter for a specific geographic area and that analysis shows insufficient intertidal salmon habitat, the department of fish and wildlife and the county legislative authorities of the affected counties may jointly initiate a salmon intertidal habitat restoration planning process to develop a plan that addresses the intertidal habitat goals contained in the limiting factors analysis. The fish and wildlife commission and the county legislative authorities of the geographic area shall jointly appoint a task force composed of the following members:
     (a) One representative of the fish and wildlife commission, appointed by the chair of the commission;
     (b) Two representatives of the agricultural industry familiar with agricultural issues in the geographic area, one appointed by an organization active in the geographic area and one appointed by a statewide organization representing the industry;
     (c) Two representatives of environmental interest organizations with familiarity and expertise of salmon habitat, one appointed by an organization in the geographic area and one appointed by a statewide organization representing environmental interests;
     (d) One representative of a diking and drainage district, appointed by the individual districts in the geographic area or by an association of diking and drainage districts;
     (e) One representative of the lead entity for salmon recovery in the geographic area, appointed by the lead entity;
     (f) One representative of each county in the geographic area, appointed by the respective county legislative authorities; and
     (g) One representative from the office of the governor.
     (2) Representatives of the United States environmental protection agency, the United States natural resources conservation service, federal fishery agencies, as appointed by their regional director, and tribes with interests in the geographic area shall be invited and encouraged to participate as members of the task force.
     (3) The task force shall elect a chair and adopt rules for conducting the business of the task force. Staff support for the task force shall be provided by the ((Washington state conservation commission)) department of agriculture.
     (4) The task force shall:
     (a) Review and analyze the limiting factors analysis for the geographic area;
     (b) Initiate and oversee intertidal salmon habitat studies for enhancement of the intertidal area as provided in RCW 77.85.230;
     (c) Review and analyze the completed assessments listed in RCW 77.85.230;
     (d) Develop and draft an overall plan that addresses identified intertidal salmon habitat goals that has public support; and
     (e) Identify appropriate demonstration projects and early implementation projects that are of high priority and should commence immediately within the geographic area.
     (5) The task force may request briefings as needed on legal issues that may need to be considered when developing or implementing various plan options.
     (6) Members of the task force shall be reimbursed by the ((conservation commission)) department of agriculture for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (7) The task force shall provide annual reports that provide an update on its activities to the fish and wildlife commission, to the involved county legislative authorities, and to the lead entity formed under this chapter.

Sec. 6041   RCW 89.10.010 and 2007 c 352 s 2 are each amended to read as follows:
     (1) The office of farmland preservation is created and shall be located within the ((state conservation commission)) department of agriculture.
     (2) Staff support for the office shall be provided by the ((state conservation commission)) department of agriculture.
     (3) The office of farmland preservation may:
     (a) Provide advice and assist the ((state conservation commission)) department of agriculture in implementing the provisions of RCW 89.08.530 and 89.08.540, including the merits of leasing or purchasing easements for fixed terms in addition to purchasing easements in perpetuity;
     (b) Develop recommendations for the funding level and for the use of the agricultural conservation easements account established in RCW 89.08.540 with the guidance of the farmland preservation task force established under RCW 89.10.020;
     (c) With input from the task force created in RCW 89.10.020, provide an analysis of the major factors that have led to past declines in the amount and use of agricultural lands in Washington and of the factors that will likely affect retention and economic viability of these lands into the future including, but not limited to, pressures to convert land to nonagricultural uses, loss of processing plants and markets, loss of profitability, productivity, and competitive advantage, urban sprawl, water availability and quality, restrictions on agricultural land use, and conversion to recreational or other uses;
     (d) Develop model programs and tools, including innovative economic incentives for landowners, to retain agricultural land for agricultural production, with the guidance from the farmland preservation task force created under RCW 89.10.020;
     (e) Provide technical assistance to localities as they develop and implement programs, mechanisms, and tools to encourage the retention of agricultural lands;
     (f) Develop a grant process and an eligibility certification process for localities to receive grants for local programs and tools to retain agricultural lands for agricultural production;
     (g) Provide analysis and recommendations as to the continued development and implementation of the farm transition program including, but not limited to, recommending:
     (i) Assistance in the preparation of business plans for the transition of business interests;
     (ii) Assistance in the facilitation of transfers of existing properties and agricultural operations to interested buyers; and
     (iii) Research assistance on agricultural, financial, marketing, and other related transition matters;
     (h) Begin the development of a farm transition program to assist in the transition of farmland and related businesses from one generation to the next, aligning the farm transition program closely with the farmland preservation effort to assure complementary functions; and
     (i) Serve as a clearinghouse for incentive programs that would consolidate and disseminate information relating to conservation programs that are accessible to landowners and assist owners of agricultural lands to secure financial assistance to implement conservation easements and other projects.

NEW SECTION.  Sec. 6042   (1) The state conservation commission is hereby abolished and its powers, duties, and functions are hereby transferred to the department of agriculture.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Washington state conservation commission shall be delivered to the custody of the department of agriculture. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state conservation commission shall be made available to the department of agriculture for the support of the programs transferred to it under this act. All funds, credits, or other assets held by the Washington state conservation commission shall be assigned to the department of agriculture for the support of the programs transferred to it under this act.
     (b) Any appropriations made to the state conservation commission shall, on the effective date of this section, be transferred and credited to the department of agriculture.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All rules and all pending business before the state conservation commission shall be continued and acted upon by the department of agriculture. All existing contracts and obligations shall remain in full force and shall be performed by the department of agriculture.
     (4) The transfer of the powers, duties, functions, and personnel of the state conservation commission shall not affect the validity of any act performed before the effective date of this section.
     (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the public employment relations commission as provided by law.

NEW SECTION.  Sec. 6043   (1) All employees of the state conservation commission are transferred to the jurisdiction of the department of agriculture. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of agriculture to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.
     (2) All classified employees of the state conservation commission assigned to the department of agriculture under this section whose positions are within an existing bargaining unit description at the department of agriculture shall become a part of the existing bargaining unit at the department of agriculture and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

NEW SECTION.  Sec. 6044   On the effective date of this section, the directors of the departments of agriculture and the conservation commission must each designate one executive-level representative to serve on a consolidation transition team. This team must, with the assistance of their agencies, develop the following work products:
     (1) A consolidation transition team report, to be submitted to the office of financial management and the legislature by August 1, 2011. This report must, at a minimum, detail all legislative and fiscal changes necessary for the successful implementation of this consolidation and identify expected costs and savings associated with the consolidation.
     (2) A supplemental budget request, if necessary, for consideration during the 2012 legislative session. This request must encompass any necessary budgetary and legislative changes for the agencies affected by this consolidation, and be submitted to the office of financial management by September 1, 2011.
     (3) A second consolidation transition team report, to be submitted to the director of agriculture by July 1, 2012. This report must, at a minimum, detail all additional legislative and fiscal changes necessary for the successful implementation of this consolidation and identify expected costs and savings associated with the consolidation.

NEW SECTION.  Sec. 6045   RCW 89.08.060 (Assistance of other state agencies and institutions) and 1973 1st ex.s. c 184 s 7 & 1955 c 304 s 6 are each repealed.

NEW SECTION.  Sec. 6046   The consolidation directed pursuant to sections 6001 through 6045 of this act takes effect July 1, 2012.

Sec. 7001   RCW 70.148.005 and 1990 c 64 s 1 are each amended to read as follows:
     (1) The legislature finds that:
     (a) Final regulations adopted by the United States environmental protection agency (EPA) require owners and operators of underground petroleum storage tanks to demonstrate financial responsibility for accidental releases of petroleum as a precondition to continued ownership and operation of such tanks;
     (b) Financial responsibility is demonstrated through the purchase of pollution liability insurance or an acceptable alternative such as coverage under a state financial responsibility program, in the amount of at least five hundred thousand dollars per occurrence and one million dollars annual aggregate depending upon the nature, use, and number of tanks owned or operated;
     (c) Many owners and operators of underground petroleum storage tanks cannot purchase pollution liability insurance either because private insurance is unavailable at any price or because owners and operators cannot meet the rigid underwriting standards of existing insurers, nor can many owners and operators meet the strict regulatory standards imposed for alternatives to the purchase of insurance; and
     (d) Without a state financial responsibility program for owners and operators of underground petroleum storage tanks, many tank owners and operators will be forced to discontinue the ownership and operation of these tanks.
     (2) The purpose of this chapter is to create a state financial responsibility program meeting EPA standards for owners and operators of underground petroleum storage tanks in a manner that:
     (a) Minimizes state involvement in pollution liability claims management and insurance administration;
     (b) Protects the state of Washington from unwanted and unanticipated liability for accidental release claims;
     (c) Creates incentives for private insurers to provide needed liability insurance; and
     (d) Parallels generally accepted principles of insurance and risk management.
     To that end, this chapter establishes a temporary program to provide pollution liability reinsurance at a price that will encourage a private insurance company or risk retention group to sell pollution liability insurance in accordance with the requirements of this chapter to owners and operators of underground petroleum storage tanks, thereby allowing the owners and operators to comply with the financial responsibility regulations of the EPA.
     (3) It is not the intent of this chapter to permit owners and operators of underground petroleum storage tanks to obtain pollution liability insurance without regard to the quality or condition of their storage tanks or without regard to the risk management practices of tank owners and operators, nor is it the intent of this chapter to provide coverage or funding for past or existing petroleum releases. Further, it is the intent of the legislature that the program follow generally accepted insurance underwriting and actuarial principles and to deviate from those principles only to the extent necessary and within the tax revenue limits provided, to make pollution liability insurance reasonably affordable and available to owners and operators who meet the requirements of this chapter, particularly to those owners and operators whose underground storage tanks meet a vital economic need within the affected community.
     (4) The pollution liability insurance program established by this chapter and chapter 70.149 RCW is merged into the department.
     (5) This section expires June 1, 2013.

Sec. 7002   RCW 70.148.010 and 1990 c 64 s 2 are each amended to read as follows:
     Unless the context requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Accidental release" means any sudden or nonsudden release of petroleum arising from operating an underground storage tank that results in a need for corrective action, bodily injury, or property damage neither expected nor intended by the owner or operator.
     (2) "Director" means the ((Washington pollution liability insurance program)) director of the department or the director's appointed representative.
     (3) "Bodily injury" means bodily injury, sickness, or disease sustained by any person, including death at any time resulting from the injury, sickness, or disease.
     (4) "Corrective action" means those actions reasonably required to be undertaken by the insured to remove, treat, neutralize, contain, or clean up an accidental release in order to comply with any statute, ordinance, rule, regulation, directive, order, or similar legal requirement of the United States, the state of Washington, or any political subdivision of the United States or the state of Washington in effect at the time of an accidental release. "Corrective action" includes, when agreed to in writing, in advance by the insurer, action to remove, treat, neutralize, contain, or clean up an accidental release to avert, reduce, or eliminate the liability of the insured for corrective action, bodily injury, or property damage. "Corrective action" also includes actions reasonably necessary to monitor, assess, and evaluate an accidental release.
"Corrective action" does not include:
     (a) Replacement or repair of storage tanks or other receptacles;
     (b) Replacement or repair of piping, connections, and valves of storage tanks or other receptacles;
     (c) Excavation or backfilling done in conjunction with (a) or (b) of this subsection; or
     (d) Testing for a suspected accidental release if the results of the testing indicate that there has been no accidental release.
     (5) "Defense costs" include the costs of legal representation, expert fees, and related costs and expenses incurred in defending against claims or actions brought by or on behalf of:
     (a) The United States, the state of Washington, or any political subdivision of the United States or state of Washington to require corrective action or to recover costs of corrective action; or
     (b) A third party for bodily injury or property damage caused by an accidental release.
     (6) (("Washington pollution liability insurance program" or "program" means the reinsurance program created by this chapter)) "Department" means the Washington state department of ecology.
     (7) "Insured" means the owner or operator who is provided insurance coverage in accordance with this chapter.
     (8) "Insurer" means the insurance company or risk retention group licensed or qualified to do business in Washington and authorized by the ((director)) department to provide insurance coverage in accordance with this chapter.
     (9) "Loss reserve" means the amount traditionally set aside by commercial liability insurers for costs and expenses related to claims that have been made. "Loss reserve" does not include losses that have been incurred but not reported to the insurer.
     (10) "Occurrence" means an accident, including continuous or repeated exposure to conditions, that results in a release from an underground storage tank.
     (11) "Operator" means a person in control of, or having responsibility for, the daily operation of an underground storage tank.
     (12) "Owner" means a person who owns an underground storage tank.
     (13) "Person" means an individual, trust, firm, joint stock company, corporation (including government corporation), partnership, association, consortium, joint venture, commercial entity, state, municipality, commission, political subdivision of a state, interstate body, the federal government, or any department or agency of the federal government.
     (14) "Petroleum" means crude oil or any fraction of crude oil that is liquid at standard conditions of temperature and pressure, which means at sixty degrees Fahrenheit and 14.7 pounds per square inch absolute and includes gasoline, kerosene, heating oils, and diesel fuels.
     (15) "Property damage" means:
     (a) Physical injury to, destruction of, or contamination of tangible property, including the loss of use of the property resulting from the injury, destruction, or contamination; or
     (b) Loss of use of tangible property that has not been physically injured, destroyed, or contaminated but has been evacuated, withdrawn from use, or rendered inaccessible because of an accidental release.
     (16) "Release" means the emission, discharge, disposal, dispersal, seepage, or escape of petroleum from an underground storage tank into or upon land, groundwater, surface water, subsurface soils, or the atmosphere.
     (17) "Surplus reserve" means the amount traditionally set aside by commercial property and casualty insurance companies to provide financial protection from unexpected losses and to serve, in part, as a measure of an insurance company's net worth.
     (18) "Tank" means a stationary device, designed to contain an accumulation of petroleum, that is constructed primarily of nonearthen materials such as wood, concrete, steel, or plastic that provides structural support.
     (19) "Underground storage tank" means any one or a combination of tanks including underground pipes connected to the tank, that is used to contain an accumulation of petroleum and the volume of which (including the volume of the underground pipes connected to the tank) is ten percent or more beneath the surface of the ground.
     (20) "Pollution liability insurance program" or "program" means the reinsurance program created in this chapter.
     This section expires June 1, 2013.

Sec. 7003   RCW 70.148.020 and 2006 c 276 s 1 are each amended to read as follows:
     (1) The pollution liability insurance program trust account is established in the custody of the state treasurer. All funds appropriated for this chapter and all premiums collected for reinsurance shall be deposited in the account. Expenditures from the account shall be used exclusively for the purposes of this chapter including payment of costs of administering the pollution liability insurance and underground storage tank community assistance programs. Expenditures for payment of administrative and operating costs of the ((agency)) program are subject to the allotment procedures under chapter 43.88 RCW and may be made only after appropriation by statute. No appropriation is required for other expenditures from the account.
     (2) Each calendar quarter, the ((director)) department shall report to the insurance commissioner the loss and surplus reserves required for the calendar quarter. The ((director)) department shall notify the department of revenue of this amount by the fifteenth day of each calendar quarter.
     (3) Each calendar quarter the ((director)) department shall determine the amount of reserves necessary to fund commitments made to provide financial assistance under RCW 70.148.130 to the extent that the financial assistance reserves do not jeopardize the operations and liabilities of the pollution liability insurance program. The ((director)) department shall notify the department of revenue of this amount by the fifteenth day of each calendar quarter. The ((director)) department may immediately establish an initial financial assistance reserve of five million dollars from available revenues. The director may not expend more than fifteen million dollars for the financial assistance program.
     (4) ((During the 2005-2007 fiscal biennium, the legislature may transfer from the pollution liability insurance program trust account to the state general fund such amounts as reflect the excess fund balance of the account.
     (5))) This section expires June 1, 2013.

Sec. 7004   RCW 70.148.025 and 1995 c 20 s 12 are each amended to read as follows:
     (1) The ((director)) department shall provide reinsurance through the pollution liability insurance program trust account to the heating oil pollution liability protection program under chapter 70.149 RCW.
     (2) This section expires June 1, 2013.

Sec. 7005   RCW 70.148.030 and 1994 sp.s. c 9 s 805 are each amended to read as follows:
     (1) The ((Washington)) pollution liability insurance program is ((created as an independent agency of the state. The administrative head and appointing authority of the program shall be the director who shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The salary for this office shall be set by the governor pursuant to RCW 43.03.040. The director shall appoint a deputy director. The director, deputy director, and up to three other employees are exempt from the civil service law, chapter 41.06 RCW)) merged into the department. The administrative head must be appointed by the director. The administrative head of the program and up to three other employees are exempt from the civil service law, chapter 41.06 RCW, and serve at the pleasure of the director.
     (2) The director shall employ such other staff as are necessary to fulfill the responsibilities and duties of the ((director)) department. The staff is subject to the civil service law, chapter 41.06 RCW. In addition, the director may contract with third parties for services necessary to carry out its activities where this will promote economy, avoid duplication of effort, and make best use of available expertise. To the extent necessary to protect the state from unintended liability and ensure quality program and contract design, the director shall contract with an organization or organizations with demonstrated experience and ability in managing and designing pollution liability insurance and with an organization or organizations with demonstrated experience and ability in managing and designing pollution liability reinsurance. The director shall enter into such contracts after competitive bid but need not select the lowest bid. The contracting activity is not subject to the competitive contracting provisions of RCW 41.06.142. Any such contractor or consultant is prohibited from releasing, publishing, or otherwise using any information made available to it under its contractual responsibility without specific permission of the ((program)) director. The director may call upon other agencies of the state to provide technical support and available information as necessary to assist the director in meeting the director's responsibilities under this chapter. Agencies shall supply this support and information as promptly as circumstances permit.
     (3) The ((director)) department may appoint ad hoc technical advisory committees to obtain expertise necessary to fulfill the purposes of this chapter.
     (4) This section expires June 1, 2013.

Sec. 7006   RCW 70.148.035 and 1990 c 64 s 11 are each amended to read as follows:
     (1) The ((director)) department may design the program to cover the costs incurred in determining whether a proposed applicant for pollution insurance under the program meets the underwriting standards of the insurer. In covering such costs the ((director)) department shall consider the financial resources of the applicant, shall take into consideration the economic impact of the discontinued use of the applicant's storage tank upon the affected community, shall provide coverage within the revenue limits provided under this chapter, and shall limit coverage of such costs to the extent that coverage would be detrimental to providing affordable insurance under the program.
     (2) This section expires June 1, 2013.

Sec. 7007   RCW 70.148.040 and 1990 c 64 s 5 are each amended to read as follows:
     (1) The ((director)) department may adopt rules consistent with this chapter to carry out the purposes of this chapter. All rules shall be adopted in accordance with chapter 34.05 RCW.
     (2) This section expires June 1, 2013.

Sec. 7008   RCW 70.148.050 and 2006 c 276 s 2 are each amended to read as follows:
     The ((director)) department has the following powers and duties:
     (1) To design and from time to time revise a reinsurance contract providing coverage to an insurer meeting the requirements of this chapter. Before initially entering into a reinsurance contract, the ((director)) department shall prepare an actuarial report describing the various reinsurance methods considered by the ((director)) department and describing each method's costs. In designing the reinsurance contract the ((director)) department shall consider common insurance industry reinsurance contract provisions and shall design the contract in accordance with the following guidelines:
     (a) The contract shall provide coverage to the insurer for the liability risks of owners and operators of underground storage tanks for third party bodily injury and property damage and corrective action that are underwritten by the insurer.
     (b) In the event of an insolvency of the insurer, the reinsurance contract shall provide reinsurance payable directly to the insurer or to its liquidator, receiver, or successor on the basis of the liability of the insurer in accordance with the reinsurance contract. In no event may the program be liable for or provide coverage for that portion of any covered loss that is the responsibility of the insurer whether or not the insurer is able to fulfill the responsibility.
     (c) The total limit of liability for reinsurance coverage shall not exceed one million dollars per occurrence and two million dollars annual aggregate for each policy underwritten by the insurer less the ultimate net loss retained by the insurer as defined and provided for in the reinsurance contract.
     (d) Disputes between the insurer and the insurance program shall be settled through arbitration.
     (2) To design and implement a structure of periodic premiums due the ((director)) department from the insurer that takes full advantage of revenue collections and projected revenue collections to ensure affordable premiums to the insured consistent with sound actuarial principles.
     (3) To periodically review premium rates for reinsurance to determine whether revenue appropriations supporting the program can be reduced without substantially increasing the insured's premium costs.
     (4) To solicit bids from insurers and select an insurer to provide pollution liability insurance to owners and operators of underground storage tanks for third party bodily injury and property damage and corrective action.
     (5) To monitor the activities of the insurer to ensure compliance with this chapter and protect the program from excessive loss exposure resulting from claims mismanagement by the insurer.
     (6) To monitor the success of the program and periodically make such reports and recommendations to the legislature as the ((director)) department deems appropriate, and to annually publish a financial report on the pollution liability insurance program trust account showing, among other things, administrative and other expenses paid from the fund.
     (7) To annually report the financial and loss experience of the insurer as to policies issued under the program and the financial and loss experience of the program to the legislature.
     (8) To enter into contracts with public and private agencies to assist the ((director)) department in ((his or her)) its duties to design, revise, monitor, and evaluate the program and to provide technical or professional assistance to the ((director)) department.
     (9) To examine the affairs, transactions, accounts, records, documents, and assets of insurers as the ((director)) department deems advisable.
     This section expires June 1, 2013.

Sec. 7009   RCW 70.148.060 and 2005 c 274 s 341 are each amended to read as follows:
     (1) All examination and proprietary reports and information obtained by the ((director)) department and the ((director's)) department's staff in soliciting bids from insurers and in monitoring the insurer selected by the ((director)) department shall not be made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body, or other entity.
     (2) Subsection (1) of this section notwithstanding, the ((director)) department may furnish all or part of examination reports prepared by the ((director)) department or by any person, firm, corporation, association, or other entity preparing the reports on behalf of the ((director)) department to:
     (a) The Washington state insurance commissioner;
     (b) A person or organization officially connected with the insurer as officer, director, attorney, auditor, or independent attorney or independent auditor; and
     (c) The attorney general in his or her role as legal advisor to the ((director)) department.
     (3) Subsection (1) of this section notwithstanding, the ((director)) department may furnish all or part of the examination or proprietary reports or information obtained by the ((director)) department to:
     (a) The Washington state insurance commissioner; and
     (b) A person, firm, corporation, association, governmental body, or other entity with whom the ((director)) department has contracted for services necessary to perform his or her official duties.
     (4) Examination reports and proprietary information obtained by the ((director)) department and the ((director's)) department's staff are not subject to public disclosure under chapter 42.56 RCW.
     (5) A person who violates any provision of this section is guilty of a gross misdemeanor.
     (6) This section expires June 1, 2013.

Sec. 7010   RCW 70.148.070 and 1990 c 64 s 8 are each amended to read as follows:
     (1) In selecting an insurer to provide pollution liability insurance coverage to owners and operators of underground storage tanks, the ((director)) department shall evaluate bids based upon criteria established by the ((director)) department that shall include:
     (a) The insurer's ability to underwrite pollution liability insurance;
     (b) The insurer's ability to settle pollution liability claims quickly and efficiently;
     (c) The insurer's estimate of underwriting and claims adjustment expenses;
     (d) The insurer's estimate of premium rates for providing coverage;
     (e) The insurer's ability to manage and invest premiums; and
     (f) The insurer's ability to provide risk management guidance to insureds.
     The ((director)) department shall select the bidder most qualified to provide insurance consistent with this chapter and need not select the bidder submitting the least expensive bid. The ((director)) department may consider bids by groups of insurers and management companies who propose to act in concert in providing coverage and who otherwise meet the requirements of this chapter.
     (2) The successful bidder shall agree to provide liability insurance coverage to owners and operators of underground storage tanks for third party bodily injury and property damage and corrective action consistent with the following minimum standards:
     (a) The insurer shall provide coverage for defense costs.
     (b) The insurer shall collect a deductible from the insured for corrective action in an amount approved by the ((director)) department.
     (c) The insurer shall provide coverage for accidental releases in the amount of five hundred thousand dollars per occurrence and one million dollars annual aggregate but no more than one million dollars per occurrence and two million dollars annual aggregate exclusive of defense costs.
     (d) The insurer shall require insurance applicants to meet at least the following underwriting standards before issuing coverage to the applicant:
     (i) The applicant must be in compliance with statutes, ordinances, rules, regulations, and orders governing the ownership and operation of underground storage tanks as identified by the ((director)) department by rule; and
     (ii) The applicant must exercise adequate underground storage tank risk management as specified by the ((director)) department by rule.
     (e) The insurer may exclude coverage for losses arising before the effective date of coverage, and the ((director)) department may adopt rules establishing standards for determining whether a loss was incurred before the effective date of coverage.
     (f) The insurer may exclude coverage for bodily injury, property damage, and corrective action as permitted by the ((director)) department by rule.
     (g) The insurer shall use a variable rate schedule approved by the ((director)) department taking into account tank type, tank age, and other factors specified by the ((director)) department.
     (3) The ((director)) department shall adopt all rules necessary to implement this section. In developing and adopting rules governing rates, deductibles, underwriting standards, and coverage conditions, limitations, and exclusions, the ((director)) department shall balance the owner and operator's need for coverage with the need to maintain the actuarial integrity of the program, shall take into consideration the economic impact of the discontinued use of a storage tank upon the affected community, and shall consult with the ((standing)) ad hoc technical advisory committee established under RCW 70.148.030(3). ((In developing and adopting rules governing coverage exclusions affecting corrective action, the director shall consult with the Washington state department of ecology.))
     (4) Notwithstanding the definitions contained in RCW 70.148.010, the ((director)) department may permit an insurer to use different words or phrases describing the coverage provided under the program. In permitting such deviations from the definitions contained in RCW 70.148.010, the ((director)) department shall consider the regulations adopted by the United States environmental protection agency requiring financial responsibility by owners and operators of underground petroleum storage tanks.
     (5) Owners and operators of underground storage tanks or sites containing underground storage tanks where a preexisting release has been identified or where the owner or operator knows of a preexisting release are eligible for coverage under the program subject to the following conditions:
     (a) The owner or operator must have a plan for proceeding with corrective action; and
     (b) If the owner or operator files a claim with the insurer, the owner or operator has the burden of proving that the claim is not related to a preexisting release until the owner or operator demonstrates to the satisfaction of the ((director)) department that corrective action has been completed.
     (6) ((When)) Within thirty days of a reinsurance contract ((has been)) being entered into by the ((agency)) department and insurance companies, ((the director shall notify the department of ecology of the letting of the contract. Within thirty days of that notification,)) the department ((of ecology)) shall notify all known owners and operators of petroleum underground storage tanks that appropriate levels of financial responsibility must be established by October 26, 1990, in accordance with federal environmental protection agency requirements, and that insurance under the program is available. All owners and operators of petroleum underground storage tanks must also be notified that declaration of method of financial responsibility or intent to seek to be insured under the program must be made to the state by November 1, 1990. If the declaration of method of financial responsibility is not made by November 1, 1990, the department ((of ecology)) shall, pursuant to chapter 90.76 RCW, prohibit the owner or operator of an underground storage tank from obtaining a tank tag or receiving petroleum products until such time as financial responsibility has been established.
     (7) This section expires June 1, 2013.

Sec. 7011   RCW 70.148.080 and 1990 c 64 s 9 are each amended to read as follows:
     (1) If the insurer cancels or refuses to issue or renew a policy, the affected owner or operator may appeal the insurer's decision to the director or the director's designee. The director or the director's designee shall conduct a brief adjudicative proceeding under chapter 34.05 RCW.
     (2) This section expires June 1, 2013.

Sec. 7012   RCW 70.148.090 and 1990 c 64 s 10 are each amended to read as follows:
     (1) The activities and operations of the program are exempt from the provisions and requirements of Title 48 RCW and to the extent of their participation in the program, the activities and operations of the insurer selected by the ((director)) department to provide liability insurance coverage to owners and operators of underground storage tanks are exempt from the requirements of Title 48 RCW except for:
     (a) Chapter 48.03 RCW pertaining to examinations;
     (b) RCW 48.05.250 pertaining to annual reports;
     (c) Chapter 48.12 RCW pertaining to assets and liabilities;
     (d) Chapter 48.13 RCW pertaining to investments;
     (e) Chapter 48.30 RCW pertaining to deceptive, false, or fraudulent acts or practices; and
     (f) Chapter 48.92 RCW pertaining to liability risk retention.
     (2) To the extent of their participation in the program, the insurer selected by the ((director)) department to provide liability insurance coverage to owners and operators of underground storage tanks shall not participate in the Washington insurance guaranty association nor shall the association be liable for coverage provided to owners and operators of underground storage tanks issued in connection with the program.
     (3) This section expires June 1, 2013.

Sec. 7013   RCW 70.148.130 and 2005 c 428 s 2 are each amended to read as follows:
     (1) Subject to the conditions and limitations of RCW 70.148.120 through 70.148.170, the ((director)) department shall establish and manage a program for providing financial assistance to public and private owners and operators of underground storage tanks who have been certified by the governing body of the county, city, or town in which the tanks are located as meeting a vital local government, public health or safety need. In providing such financial assistance the ((director)) department shall:
     (a) Require owners and operators, including local government owners and operators, to demonstrate serious financial hardship;
     (b) Limit assistance to only that amount necessary to supplement applicant financial resources;
     (c) Limit assistance to no more than two hundred thousand dollars in value for any one underground storage tank site of which amount no more than seventy-five thousand dollars in value may be provided for corrective action; and
     (d) Whenever practicable, provide assistance through the direct payment of contractors and other professionals for labor, materials, and other services.
     (2)(a) Except as otherwise provided in RCW 70.148.120 through 70.148.170, no grant of financial assistance may be used for any purpose other than for corrective action and repair, replacement, reconstruction, and improvement of underground storage tanks and tank sites. If at any time prior to providing financial assistance or in the course of providing such assistance, it appears to the ((director)) department that corrective action costs may exceed seventy-five thousand dollars, the ((director)) department may not provide further financial assistance until the owner or operator has developed and implemented a corrective action plan with the department ((of ecology)).
     (b) A grant of financial assistance may also be made to an owner or operator that has discontinued using underground petroleum storage tanks due to economic hardship. An owner or operator may receive a grant up to two hundred thousand dollars per retailing location if:
     (i) The property is located in an underserved rural area;
     (ii) The property was previously used by a private owner or operator to provide motor vehicle fuel; and
     (iii) The property is at least ten miles from the nearest motor vehicle fuel service station.
     (3) When requests for financial assistance exceed available funds, the ((director)) department shall give preference to providing assistance first to those underground storage tank sites which constitute the sole source of petroleum products in remote rural communities.
     (4) The ((director shall consult with the)) department ((of ecology)), in approving financial assistance for corrective action ((to)), shall ensure compliance with ((regulations)) rules governing underground petroleum storage tanks and corrective action.
     (5) The ((director)) department shall approve or disapprove applications for financial assistance within sixty days of receipt of a completed application meeting the requirements of RCW 70.148.120 through 70.148.170. The certification by local government of an owner or operator shall not preclude the ((director)) department from disapproving an application for financial assistance if the ((director)) department finds that such assistance would not meet the purposes of RCW 70.148.120 through 70.148.170.
     (6) The ((director)) department may adopt all rules necessary to implement the financial assistance program and shall consult with the technical advisory committee established under RCW 70.148.030 in developing such rules and in reviewing applications for financial assistance.
     (7) This section expires June 1, 2013.

Sec. 7014   RCW 70.148.140 and 1991 c 4 s 3 are each amended to read as follows:
     (1) To qualify for financial assistance, a private owner or operator retailing petroleum products to the public must:
     (a) First apply for insurance from the pollution liability insurance program and request financial assistance in a form and manner required by the ((director)) department;
     (b) If the ((director)) department makes a preliminary determination of possible eligibility for financial assistance, apply to the appropriate governing body of the city or town in which the tanks are located or in the case where the tanks are located outside of the jurisdiction of a city or town, then to the appropriate governing body of the county in which the tanks are located, for a determination by the governing body of the city, town, or county that the continued operation of the tanks meets a vital local government, or public health or safety need; and
     (c) Qualify for insurance coverage from the pollution liability insurance program if such financial assistance were to be provided.
     (2) In consideration for financial assistance and prior to receiving such assistance the owner and operator must enter into an agreement with the state whereby the owner and operator agree:
     (a) To sell petroleum products to the public;
     (b) To maintain the tank site for use in the retail sale of petroleum products for a period of not less than fifteen years from the date of agreement;
     (c) To sell petroleum products to local government entities within the affected community on a cost-plus basis periodically negotiated between the owner and operator and the city, town, or county in which the tanks are located; and
     (d) To maintain compliance with state underground storage tank financial responsibility and environmental regulations.
     (3) The agreement shall be filed as a real property lien against the tank site with the county auditor (([of the county])) of the county in which the tanks are located. If the owner or operator transfers his or her interest in such property, the new owner or operator must agree to abide by the agreement or any financial assistance provided under RCW 70.148.120 through 70.148.170 shall be immediately repaid to the state by the owner or operator who received such assistance.
     (4) As determined by the ((director)) department, if an owner or operator materially breaches the agreement, any financial assistance provided shall be immediately repaid by such owner or operator.
     (5) The agreement between an owner and operator and the state required under this section shall expire fifteen years from the date of entering into the agreement.
     (6) This section expires June 1, 2013.

Sec. 7015   RCW 70.148.150 and 1991 c 4 s 4 are each amended to read as follows:
     (1) To qualify for financial assistance, a public owner or operator must:
     (a) First apply for insurance from the pollution liability insurance program and request financial assistance in a form and manner required by the ((director)) department;
     (b) Provide to the ((director)) department a copy of the resolution by the governing body of the city, town, or county having jurisdiction, finding that the continued operation of the tanks is necessary to maintain vital local public health, education, or safety needs;
     (c) Qualify for insurance coverage from the pollution liability insurance program if such financial assistance were to be provided.
     (2) The ((director)) department shall give priority to and shall encourage local government entities to consolidate multiple operational underground storage tank sites into as few sites as possible. For this purpose, the ((director)) department may provide financial assistance for the establishment of a new local government underground storage tank site contingent upon the closure of other operational sites in accordance with environmental regulations. Within the per site financial limits imposed under RCW 70.148.120 through 70.148.170, the ((director)) department may authorize financial assistance for the closure of operational sites when closure is for the purpose of consolidation.
     (3) This section expires June 1, 2013.

Sec. 7016   RCW 70.148.160 and 1991 c 4 s 5 are each amended to read as follows:
     To qualify for financial assistance, a rural hospital ((as defined in RCW 18.89.020)), owning or operating an underground storage tank must:
     (1) First apply for insurance from the pollution liability insurance program and request financial assistance in a form and manner required by the ((director)) department;
     (2) Apply to the governing body of the city, town, or county in which the hospital is located for certification that the continued operation of the tank or tanks is necessary to maintain vital local public health or safety needs;
     (3) Qualify for insurance coverage from the pollution liability insurance program if such financial assistance were to be provided; and
     (4) Agree to provide charity care ((as defined in RCW 70.39.020)) in an amount of equivalent value to the financial assistance provided under RCW 70.148.120 through 70.148.170. The ((director)) department shall consult with the department of health to monitor and determine the time period over which such care should be expected to be provided in the local community.
     (5) This section expires June 1, 2013.

Sec. 7017   RCW 70.148.170 and 1991 c 4 s 6 are each amended to read as follows:
     (1) The ((director)) department shall develop and distribute to appropriate cities, towns, and counties a form for use by the local government in making the certification required for all private owner and operator financial assistance along with instructions on the use of such form.
     (2) In certifying a private owner or operator retailing petroleum products to the public as meeting vital local government, public health or safety needs, the local government shall:
     (a) Consider and find that other retail suppliers of petroleum products are located remote from the local community;
     (b) Consider and find that the owner or operator requesting certification is capable of faithfully fulfilling the agreement required for financial assistance;
     (c) Designate the local government official who will be responsible for negotiating the price of petroleum products to be sold on a cost-plus basis to the local government entities in the affected communities and the entities eligible to receive petroleum products at such price; and
     (d) State the vital need or needs that the owner or operator meets.
     (3) In certifying a hospital as meeting local public health and safety needs the local government shall:
     (a) Consider and find that the continued use of the underground storage tank by the hospital is necessary; and
     (b) Consider and find that the hospital provides health care services to the poor and otherwise provides charity care.
     (4) The ((director)) department shall notify the governing body of the city, town, or county providing certification when financial assistance for a private owner or operator has been approved.
     (5) This section expires June 1, 2013.

Sec. 7018   RCW 70.149.010 and 1995 c 20 s 1 are each amended to read as follows:
     (1) It is the intent of the legislature to establish a temporary regulatory program to assist owners and operators of heating oil tanks. The legislature finds that it is in the best interests of all citizens for heating oil tanks to be operated safely and for tank leaks or spills to be dealt with expeditiously. The legislature further finds that it is necessary to protect tank owners from the financial hardship related to damaged heating oil tanks. The problem is especially acute because owners and operators of heating oil tanks used for space heating have been unable to obtain pollution liability insurance or insurance has been unaffordable.
     (2) The pollution liability insurance program established by this chapter and chapter 70.148 RCW is merged into the department.
     (3) This section expires June 1, 2013.

Sec. 7019   RCW 70.149.030 and 1995 c 20 s 3 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Accidental release" means a sudden or nonsudden release of heating oil, occurring after July 23, 1995, from operating a heating oil tank that results in bodily injury, property damage, or a need for corrective action, neither expected nor intended by the owner or operator.
     (2) "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death at any time, resulting from the injury, sickness, or disease.
     (3)(a) "Corrective action" means those actions reasonably required to be undertaken by the insured to remove, treat, neutralize, contain, or clean up an accidental release in order to comply with a statute, ordinance, rule, regulation, directive, order, or similar legal requirement, in effect at the time of an accidental release, of the United States, the state of Washington, or a political subdivision of the United States or the state of Washington. "Corrective action" includes, where agreed to in writing, in advance by the insurer, action to remove, treat, neutralize, contain, or clean up an accidental release to avert, reduce, or eliminate the liability of the insured for corrective action, bodily injury, or property damage. "Corrective action" also includes actions reasonably necessary to monitor, assess, and evaluate an accidental release.
     (b) "Corrective action" does not include:
     (i) Replacement or repair of heating oil tanks or other receptacles; or
     (ii) Replacement or repair of piping, connections, and valves of tanks or other receptacles.
     (4) "Defense costs" include the costs of legal representation, expert fees, and related costs and expenses incurred in defending against claims or actions brought by or on behalf of:
     (a) The United States, the state of Washington, or a political subdivision of the United States or state of Washington to require corrective action or to recover costs of corrective action; or
     (b) A third party for bodily injury or property damage caused by an accidental release.
     (5) "Director" means the director of the ((Washington state pollution liability insurance agency)) department or the director's appointed representative.
     (6) "Heating oil" means any petroleum product used for space heating in oil-fired furnaces, heaters, and boilers, including stove oil, diesel fuel, or kerosene. "Heating oil" does not include petroleum products used as fuels in motor vehicles, marine vessels, trains, buses, aircraft, or any off-highway equipment not used for space heating, or for industrial processing or the generation of electrical energy.
     (7) "Heating oil tank" means a tank and its connecting pipes, whether above or below ground, or in a basement, with pipes connected to the tank for space heating of human living or working space on the premises where the tank is located. "Heating oil tank" does not include a decommissioned or abandoned heating oil tank, or a tank used solely for industrial process heating purposes or generation of electrical energy.
     (8) "Occurrence" means an accident, including continuous or repeated exposure to conditions, that results in a release from a heating oil tank.
     (9) "Owner or operator" means a person in control of, or having responsibility for, the daily operation of a heating oil tank.
     (10) "Pollution liability insurance ((agency)) program" or "program" means the Washington state pollution liability insurance ((agency)) program located within the department.
     (11) "Property damage" means:
     (a) Physical injury to, destruction of, or contamination of tangible property, including the loss of use of the property resulting from the injury, destruction, or contamination; or
     (b) Loss of use of tangible property that has not been physically injured, destroyed, or contaminated but has been evacuated, withdrawn from use, or rendered inaccessible because of an accidental release.
     (12) "Release" means a spill, leak, emission, escape, or leaching into the environment.
     (13) "Remedial action costs" means reasonable costs that are attributable to or associated with a remedial action.
     (14) "Tank" means a stationary device, designed to contain an accumulation of heating oil, that is constructed primarily of nonearthen materials such as concrete, steel, fiberglass, or plastic that provides structural support.
     (15) "Third-party liability" means the liability of a heating oil tank owner to another person due to property damage or personal injury that results from a leak or spill.
     (16) "Department" means the Washington state department of ecology.
     This section expires June 1, 2013.

Sec. 7020   RCW 70.149.040 and 2009 c 560 s 11 are each amended to read as follows:
     The ((director)) department shall:
     (1) Design a program, consistent with RCW 70.149.120, for providing pollution liability insurance for heating oil tanks that provides up to sixty thousand dollars per occurrence coverage and aggregate limits, and protects the state of Washington from unwanted or unanticipated liability for accidental release claims;
     (2) Administer, implement, and enforce the provisions of this chapter. To assist in administration of the program, the director is authorized to appoint up to two employees who are exempt from the civil service law, chapter 41.06 RCW, and who shall serve at the pleasure of the director;
     (3) Administer the heating oil pollution liability trust account, as established under RCW 70.149.070;
     (4) Employ and discharge, at ((his or her)) its discretion, agents, attorneys, consultants, companies, organizations, and employees as deemed necessary, and to prescribe their duties and powers, and fix their compensation;
     (5) Adopt rules under chapter 34.05 RCW as necessary to carry out the provisions of this chapter;
     (6) Design and from time to time revise a reinsurance contract providing coverage to an insurer or insurers meeting the requirements of this chapter. The ((director)) department is authorized to provide reinsurance through the pollution liability insurance program trust account;
     (7) Solicit bids from insurers and select an insurer to provide pollution liability insurance for third-party bodily injury and property damage, and corrective action to owners and operators of heating oil tanks;
     (8) Register, and design a means of accounting for, operating heating oil tanks;
     (9) Implement a program to provide advice and technical assistance to owners and operators of active and abandoned heating oil tanks if contamination from an active or abandoned heating oil tank is suspected. Advice and assistance regarding administrative and technical requirements may include observation of testing or site assessment and review of the results of reports. If the ((director)) department finds that contamination is not present or that the contamination is apparently minor and not a threat to human health or the environment, the ((director)) department may provide written opinions and conclusions on the results of the investigation to owners and operators of active and abandoned heating oil tanks. The ((agency)) department is authorized to collect, from persons requesting advice and assistance, the costs incurred by the ((agency)) department in providing such advice and assistance. The costs may include travel costs and expenses associated with review of reports and preparation of written opinions and conclusions. Funds from cost reimbursement must be deposited in the heating oil pollution liability trust account. The state of Washington, the department, the pollution liability insurance ((agency)) program, and its officers and employees are immune from all liability, and no cause of action arises from any act or omission in providing, or failing to provide, such advice, opinion, conclusion, or assistance;
     (10) Establish a public information program to provide information regarding liability, technical, and environmental requirements associated with active and abandoned heating oil tanks;
     (11) Monitor ((agency)) program expenditures and seek to minimize costs and maximize benefits to ensure responsible financial stewardship;
     (12) Study if appropriate user fees to supplement program funding are necessary and develop recommendations for legislation to authorize such fees.
     This section expires June 1, 2013.

Sec. 7021   RCW 70.149.050 and 1995 c 20 s 5 are each amended to read as follows:
     (1) In selecting an insurer to provide pollution liability insurance coverage to owners and operators of heating oil tanks used for space heating, the ((director)) department shall evaluate bids based upon criteria established by the ((director)) department that shall include:
     (a) The insurer's ability to underwrite pollution liability insurance;
     (b) The insurer's ability to settle pollution liability claims quickly and efficiently;
     (c) The insurer's estimate of underwriting and claims adjustment expenses;
     (d) The insurer's estimate of premium rates for providing coverage;
     (e) The insurer's ability to manage and invest premiums; and
     (f) The insurer's ability to provide risk management guidance to insureds.
     (2) The ((director)) department shall select the bidder most qualified to provide insurance consistent with this chapter and need not select the bidder submitting the least expensive bid. The ((director)) department may consider bids by groups of insurers and management companies who propose to act in concert in providing coverage and who otherwise meet the requirements of this chapter.
     (3) Owners and operators of heating oil tanks, or sites containing heating oil tanks where a preexisting release has been identified or where the owner or operator knows of a preexisting release are eligible for coverage under the program subject to the following conditions:
     (a) The owner or operator must have a plan for proceeding with corrective action; and
     (b) If the owner or operator files a claim with the insurer, the owner or operator has the burden of proving that the claim is not related to a preexisting release until the owner or operator demonstrates to the satisfaction of the ((director)) department that corrective action has been completed.
     (4) This section expires June 1, 2013.

Sec. 7022   RCW 70.149.060 and 1995 c 20 s 6 are each amended to read as follows:
     (1) The activities and operations of the program are exempt from the provisions and requirements of Title 48 RCW and to the extent of their participation in the program, the activities and operations of the insurer selected by the ((director)) department to provide liability insurance coverage to owners and operators of heating oil tanks are exempt from the requirements of Title 48 RCW except for:
     (a) Chapter 48.03 RCW pertaining to examinations;
     (b) RCW 48.05.250 pertaining to annual reports;
     (c) Chapter 48.12 RCW pertaining to assets and liabilities;
     (d) Chapter 48.13 RCW pertaining to investments;
     (e) Chapter 48.30 RCW pertaining to deceptive, false, or fraudulent acts or practices; and
     (f) Chapter 48.92 RCW pertaining to liability risk retention.
     (2) To the extent of their participation in the program, the insurer selected by the ((director)) department to provide liability insurance coverage to owners and operators of heating oil tanks shall not participate in the Washington insurance guaranty association nor shall the association be liable for coverage provided to owners and operators of heating oil tanks issued in connection with the program.
     (3) This section expires June 1, 2013.

Sec. 7023   RCW 70.149.090 and 2005 c 274 s 342 are each amended to read as follows:
     The following shall be confidential and exempt under chapter 42.56 RCW, subject to the conditions set forth in this section:
     (1) All examination and proprietary reports and information obtained by the ((director)) department and the ((director's)) department's staff in soliciting bids from insurers and in monitoring the insurer selected by the ((director)) department may not be made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body, or other entity.
     (2) All information obtained by the ((director)) department or the ((director's)) department's staff related to registration of heating oil tanks to be insured may not be made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body, or other entity.
     (3) The ((director)) department may furnish all or part of examination reports prepared by the ((director)) department or by any person, firm, corporation, association, or other entity preparing the reports on behalf of the ((director)) department to:
     (a) The Washington state insurance commissioner;
     (b) A person or organization officially connected with the insurer as officer, director, attorney, auditor, or independent attorney or independent auditor; and
     (c) The attorney general in his or her role as legal advisor to the ((director)) department.
     This section expires June 1, 2013.

Sec. 7024   RCW 70.149.120 and 2007 c 240 s 2 are each amended to read as follows:
     (1) The ((pollution liability insurance agency)) department shall identify design criteria for heating oil tanks that provide superior protection against future leaks as compared to standard steel tank designs. Any tank designs identified under this section must either be constructed with fiberglass or offer at least an equivalent level of protection against leaks as a standard fiberglass design.
     (2) The ((pollution liability insurance agency)) department shall reimburse any owner or operator, who is participating in the program created in this chapter and who has experienced an occurrence or remedial action, for the difference in price between a standard steel heating tank and a new heating oil tank that satisfies the design standards identified under subsection (1) of this section, if the owner or operator chooses or is required to replace his or her tank at the time of the occurrence or remedial action.
     (3) Any new heating oil tank reimbursement provided under this section must be funded within the amount of per occurrence coverage provided to the owner or operator under RCW 70.149.040.
     (4) This section expires June 1, 2013.

NEW SECTION.  Sec. 7025   By October 1, 2011, the department of ecology shall submit a report to the governor and appropriate legislative committees that includes findings on the consolidation of the pollution liability insurance agency within the department of ecology and recommendations for legislation in 2012, including draft legislation, if needed, to implement the recommendations and strategies identified in the report. In the report, the department of ecology shall discuss:
     (1) Statutory changes that would ensure that the pollution liability insurance program's consolidation within the department of ecology is efficient and effective;
     (2) The organizational structure of the pollution liability insurance program;
     (3) The appeals process;
     (4) Information management;
     (5) Coordination of the pollution liability insurance program, underground storage tanks rule, and toxics cleanup program;
     (6) Whether participants utilizing the program under chapter 70.149 RCW should be required to continue using oil for home heating for a certain period of time or compensate the fund;
     (7) The effect of requiring a competitive bid process and other cost control measures as required in RCW 70.149.040; and
     (8) Reauthorization of the pollution liability insurance program by July 1, 2013.

NEW SECTION.  Sec. 7026   A new section is added to chapter 70.148 RCW to read as follows:
     (1) The pollution liability insurance agency is transferred to the department.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the pollution liability insurance agency shall be delivered to the custody of the department of ecology. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the pollution liability insurance agency shall be transferred to the department of ecology. All funds, credits, or other assets held by the pollution liability insurance agency shall be assigned to the department of ecology.
     (b) Any appropriations made to the pollution liability insurance agency shall be transferred and credited to the department of ecology.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All employees of the pollution liability insurance agency are transferred to the jurisdiction of the department of ecology. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of ecology to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the pollution liability insurance agency shall be continued and acted upon by the pollution liability insurance program as part of the department of ecology. All existing contracts and obligations shall remain in full force and shall be performed by the pollution liability insurance program as part of the department of ecology.
     (5) The transfer of the powers, duties, functions, and personnel of the pollution liability insurance agency to the department of ecology under this act shall not affect the validity of any activity performed before the effective date of this section or the effective date of the consolidation.
     (6) If apportionments of budgeted funds are required because of the consolidation directed by this section, the director of financial management shall certify the apportionments to the affected agencies, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (7) All classified employees of the pollution liability insurance agency assigned to the department of ecology under this act whose positions are within an existing bargaining unit description at the department of ecology shall become a part of the existing bargaining unit at the department of ecology and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.
     (8) This section expires June 1, 2013.

Sec. 7027   RCW 90.46.005 and 2007 c 445 s 2 are each amended to read as follows:
     The legislature finds that by encouraging the use of reclaimed water while assuring the health and safety of all Washington citizens and the protection of its environment, the state of Washington will continue to use water in the best interests of present and future generations.
     To facilitate the immediate use of reclaimed water for uses approved by the department((s)) of ecology ((and health)), the state shall expand both direct financial support and financial incentives for capital investments in water reuse and reclaimed water to effectuate the goals of this chapter. The legislature further directs ((the department of health and)) the department of ecology to ((coordinate efforts towards developing)) develop an efficient and streamlined process for creating and implementing processes for the use of reclaimed water.
     It is hereby declared that the people of the state of Washington have a primary interest in the development of facilities to provide reclaimed water to replace potable water in nonpotable applications, to supplement existing surface and ground water supplies, and to assist in meeting the future water requirements of the state.
     The legislature further finds and declares that the utilization of reclaimed water by local communities for domestic, agricultural, industrial, recreational, and fish and wildlife habitat creation and enhancement purposes, including wetland enhancement, will contribute to the peace, health, safety, and welfare of the people of the state of Washington. To the extent reclaimed water is appropriate for beneficial uses, it should be so used to preserve potable water for drinking purposes, contribute to the restoration and protection of instream flows that are crucial to preservation of the state's salmonid fishery resources, contribute to the restoration of Puget Sound by reducing wastewater discharge, provide a drought resistant source of water supply for nonpotable needs, or be a source of supply integrated into state, regional, and local strategies to respond to population growth and global warming. Use of reclaimed water constitutes the development of new basic water supplies needed for future generations and local and regional water management planning should consider coordination of infrastructure, development, storage, water reclamation and reuse, and source exchange as strategies to meet water demands associated with population growth and impacts of global warming.
     The legislature further finds and declares that the use of reclaimed water is not inconsistent with the policy of antidegradation of state waters announced in other state statutes, including the water pollution control act, chapter 90.48 RCW and the water resources act, chapter 90.54 RCW.
     The legislature finds that other states, including California, Florida, and Arizona, have successfully used reclaimed water to supplement existing water supplies without threatening existing resources or public health.
     It is the intent of the legislature that the department of ecology ((and the department of health)) undertake the necessary steps to encourage the development of water reclamation facilities so that reclaimed water may be made available to help meet the growing water requirements of the state.
     The legislature further finds and declares that reclaimed water facilities are water pollution control facilities as defined in chapter 70.146 RCW and are eligible for financial assistance as provided in chapter 70.146 RCW. The legislature finds that funding demonstration projects will ensure the future use of reclaimed water. ((The demonstration projects in RCW 90.46.110 are varied in nature and will provide the experience necessary to test different facets of the standards and refine a variety of technologies so that water purveyors can begin to use reclaimed water technology in a more cost-effective manner.)) This is especially critical in smaller cities and communities where the feasibility for such projects is great, but there are scarce resources to develop the necessary facilities.
     The legislature further finds that the agricultural processing industry can play a critical and beneficial role in promoting the efficient use of water by having the opportunity to develop and reuse agricultural industrial process water from food processing.

Sec. 7028   RCW 90.46.010 and 2009 c 456 s 1 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Agricultural industrial process water" means water that has been used for the purpose of agricultural processing and has been adequately and reliably treated, so that as a result of that treatment, it is suitable for other agricultural water use.
     (2) "Agricultural processing" means the processing of crops or milk to produce a product primarily for wholesale or retail sale for human or animal consumption, including but not limited to potato, fruit, vegetable, and grain processing.
     (3) "Agricultural water use" means the use of water for irrigation and other uses related to the production of agricultural products. These uses include, but are not limited to, construction, operation, and maintenance of agricultural facilities and livestock operations at farms, ranches, dairies, and nurseries. Examples of these uses include, but are not limited to, dust control, temperature control, and fire control.
     (4) "Constructed beneficial use wetlands" means those wetlands intentionally constructed on nonwetland sites to produce or create natural wetland functions and values.
     (5) "Constructed treatment wetlands" means wetland-like impoundments intentionally constructed on nonwetland sites and managed for the primary purpose of further treatment or retention of reclaimed water as distinct from creating natural wetland functions and values.
     (6) "Direct groundwater recharge" means the controlled subsurface addition of water directly into groundwater for the purpose of replenishing groundwater.
     (7) "Domestic wastewater" means wastewater from greywater, toilet, or urinal sources.
     (8) "Greywater or gray water" means domestic type flows from bathtubs, showers, bathroom sinks, washing machines, dishwashers, and kitchen or utility sinks. Gray water does not include flow from a toilet or urinal.
     (9) "Industrial reuse water" means water that has been used for the purpose of industrial processing and has been adequately and reliably treated so that, as a result of that treatment, it is suitable for other uses.
     (10) "Land application" means use of reclaimed water as permitted under this chapter for the purpose of irrigation or watering of landscape vegetation.
     (11) (("Lead agency" means either the department of health or the department of ecology that has been designated by rule as the agency that will coordinate, review, issue, and enforce a reclaimed water permit issued under this chapter.
     (12) "Nonlead agency" means either the department of health or the department of ecology, whichever is not the lead agency for purposes of this chapter.
     (13))) "Person" means any state, individual, public or private corporation, political subdivision, governmental subdivision, governmental agency, municipality, copartnership, association, firm, trust estate, or any other legal entity whatever.
     (((14))) (12) "Planned groundwater recharge project" means any reclaimed water project designed for the purpose of recharging groundwater.
     (((15))) (13) "Reclaimed water" means water derived in any part from wastewater with a domestic wastewater component that has been adequately and reliably treated, so that it can be used for beneficial purposes. Reclaimed water is not considered a wastewater.
     (((16))) (14) "State drinking water contaminant criteria" means the contaminant criteria found in the drinking water quality standards adopted by the state board of health pursuant to chapter 43.20 RCW and the department of health pursuant to chapter 70.119A RCW.
     (((17))) (15) "Streamflow or surface water augmentation" means the intentional use of reclaimed water for rivers and streams of the state or other surface water bodies, for the purpose of increasing volumes.
     (((18))) (16) "Surface percolation" means the controlled application of water to the ground surface or to unsaturated soil for the purpose of replenishing groundwater.
     (((19))) (17) "User" means any person who uses reclaimed water.
     (((20))) (18) "Wastewater" means water-carried wastes from residences, buildings, industrial and commercial establishments, or other places, together with such groundwater infiltration and inflow as may be present.
     (((21))) (19) "Wetland or wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands regulated under this chapter shall be delineated in accordance with the manual adopted by the department of ecology pursuant to RCW 90.58.380.
     (20) "Department" means the department of ecology.

Sec. 7029   RCW 90.46.015 and 2009 c 456 s 2 are each amended to read as follows:
     (1) The department ((of ecology)) shall((, in coordination with the department of health,)) adopt rules for reclaimed water use consistent with this chapter. The rules must address all aspects of reclaimed water use, including commercial and industrial uses, land applications, direct groundwater recharge, wetland discharge, surface percolation, constructed wetlands, and streamflow or surface water augmentation. The department of health shall, in coordination with the department ((of ecology)), adopt rules for greywater reuse. ((The rules must also designate whether the department of ecology or the department of health will be the lead agency responsible for a particular aspect of reclaimed water use.)) In developing the rules, the ((departments of health and ecology)) department shall amend or rescind any existing rules on reclaimed water in conflict with the new rules.
     (2) All rules required to be adopted pursuant to this section must be completed no later than December 31, 2010, although the department ((of ecology)) is encouraged to adopt the final rules as soon as possible.
     (3) The department ((of ecology)) must consult with the advisory committee created under RCW 90.46.050 in all aspects of rule development required under this section.

Sec. 7030   RCW 90.46.030 and 2006 c 279 s 5 are each amended to read as follows:
     (1)(((a) The department of health shall, in coordination with the department of ecology, adopt a single set of standards, procedures, and guidelines on or before August 1, 1993, for the industrial and commercial use of reclaimed water.
     (b) Standards adopted under this section are superseded by any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to the industrial and commercial use of reclaimed water.
     (2) Unless)) The department ((of ecology adopts)) may adopt rules pursuant to RCW 90.46.015 that relate to the industrial and commercial use of reclaimed water ((specifying otherwise,)). The department ((of health)) may issue a reclaimed water permit for industrial and commercial uses of reclaimed water to the generator of reclaimed water who may then distribute the water, subject to provisions in the permit governing the location, rate, water quality, and purposes of use. Permits issued after the adoption of rules under RCW 90.46.015 must be consistent with the adopted rules.
     (((3))) (2) The department ((of health)) in consultation with the advisory committee established in RCW 90.46.050, shall develop recommendations for a fee structure for permits issued under ((subsection (2) of)) this ((section)) chapter. Fees shall be established in amounts to fully recover, and not exceed, expenses incurred by the department ((of health)) in processing permit applications and modifications, monitoring and evaluating compliance with permits, and conducting inspections and supporting the reasonable overhead expenses that are directly related to these activities. Permit fees may not be used for research or enforcement activities. ((The department of health shall not issue permits under this section until a fee structure has been established.
     (4))) (3) A permit under this section for use of reclaimed water may be issued only to:
     (a) A municipal, quasi-municipal, or other governmental entity;
     (b) A private utility as defined in RCW 36.94.010; ((or))
     (c) The holder of a waste discharge permit issued under chapter 90.48 RCW or operating permit under chapter 70.118B RCW; or
     (d) The owner of an agricultural processing facility that is generating agricultural industrial process water for agricultural use, or the owner of an industrial facility that is generating industrial process water for reuse.
     (((5))) (4) The authority and duties created in this section are in addition to any authority and duties already provided in law with regard to sewage and wastewater collection, treatment, and disposal for the protection of health and safety of the state's waters. Nothing in this section limits the powers of the state or any political subdivision to exercise such authority.
     (((6) Unless the department of ecology adopts rules pursuant to RCW 90.46.015 that relate to the industrial and commercial use of reclaimed water specifying otherwise, the department of health may implement the requirements of this section through the department of ecology by execution of a formal agreement between the departments. Upon execution of such an agreement, the department of ecology may issue reclaimed water permits for industrial and commercial uses of reclaimed water by issuance of permits under chapter 90.48 RCW, and may establish and collect fees as required for permits issued under chapter 90.48 RCW.
     (7) Unless the department of ecology adopts rules pursuant to RCW 90.46.015 that relate to the industrial and commercial use of reclaimed water specifying otherwise, and))
     (5) Before deciding whether to issue a permit under this section to a private utility, the department ((of health)) may require information that is reasonable and necessary to determine whether the private utility has the financial and other resources to ensure the reliability, continuity, and supervision of the reclaimed water facility.

Sec. 7031   RCW 90.46.050 and 2006 c 279 s 2 are each amended to read as follows:
     The department ((of ecology)) shall((, before July 1, 2006,)) form an advisory committee((, in coordination with the department of health and the department of agriculture,)) which will provide technical assistance in the development of standards, procedures, and guidelines required by this chapter. The advisory committee shall be composed of a broad range of interested individuals representing the various stakeholders that utilize or are potentially impacted by the use of reclaimed water and include a representative from the department of health and a representative from the department of agriculture. The advisory committee must also contain individuals with technical expertise and knowledge of new advancements in technology.

Sec. 7032   RCW 90.46.090 and 2006 c 279 s 10 are each amended to read as follows:
     (1) Reclaimed water may be beneficially used for discharge into constructed beneficial use wetlands and constructed treatment wetlands provided the reclaimed water meets the class A or B reclaimed water standards as defined in the reclamation criteria, and the discharge is incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable.
     (2) Reclaimed water that does not meet the class A or B reclaimed water standards may be beneficially used for discharge into constructed treatment wetlands where the department ((of ecology, in consultation with the department of health,)) has specifically authorized such use at such lower standards.
     (3)(a) The department ((of ecology and the department of health)) must develop appropriate standards for discharging reclaimed water into constructed beneficial use wetlands and constructed treatment wetlands. These standards must be considered as part of the approval process under subsections (1) and (2) of this section.
     (b) Standards adopted under this section are superseded by any rules adopted by the department ((of ecology)) pursuant to RCW 90.46.015 as they relate to discharge into constructed beneficial use wetlands and constructed treatment wetlands.

Sec. 7033   RCW 90.46.120 and 2009 c 456 s 5 are each amended to read as follows:
     (1) The owner of a wastewater treatment facility that is reclaiming water with a permit issued under this chapter has the exclusive right to any reclaimed water generated by the wastewater treatment facility. Use, distribution, storage, and the recovery from storage of reclaimed water permitted under this chapter is exempt from the permit requirements of RCW 90.03.250 and 90.44.060, provided that a permit for recovery of reclaimed water from aquifer storage shall be reviewed under the standards established under RCW 90.03.370(2) for aquifer storage and recovery projects. Revenues derived from the reclaimed water facility shall be used only to offset the cost of operation of the wastewater utility fund or other applicable source of systemwide funding.
     (2) If the proposed use of reclaimed water is to augment or replace potable water supplies or to create the potential for the development of an additional new potable water supply, then regional water supply plans, or any other potable water supply plans prepared by multiple water purveyors, must consider the proposed use of the reclaimed water as they are developed or updated.
     (a) Regional water supply plans include those adopted under state board of health laws (chapter 43.20 RCW), the public water system coordination act of 1977 (chapter 70.116 RCW), groundwater protection laws (chapter 90.44 RCW), and the watershed planning act (chapter 90.82 RCW).
     (b) The requirement to consider the use of reclaimed water does not change the plan approval process established under these statutes.
     (c) When regional water supply plans are being developed, the owners of wastewater treatment facilities that produce or propose to produce reclaimed water for use within the planning area must be included in the planning process.
     (3) When reclaimed water is available or is proposed for use under a water supply or wastewater plan developed under chapter 43.20, 70.116, 90.44, 90.48, or 90.82 RCW these plans must be coordinated to ensure that opportunities for reclaimed water are evaluated. The requirements of this subsection (3) do not apply to water system plans developed under chapter 43.20 RCW for utilities serving less than one thousand service connections.
     (4) The provisions of any plan for reclaimed water, developed under the authorities in subsections (2) and (3) of this section, should be included by a city, town, or county in reviewing provisions for water supplies in a proposed short plat, short subdivision, or subdivision under chapter 58.17 RCW, where reclaimed water supplies may be proposed for nonpotable purposes in the short plat, short subdivision, or subdivision.
     (((5) By November 30, 2009, the department of ecology shall review comments from the reclaimed water advisory committee under RCW 90.46.050 and the reclaimed water and water rights advisory committee under the direction of the department of ecology and submit a recommendation to the legislature on the impairment requirements and standards for reclaimed water. The department of ecology shall also provide a report to the legislature that describes the opinions of the stakeholders on the impairment requirements and standards for reclaimed water.))

Sec. 7034   RCW 90.46.150 and 2001 c 69 s 3 are each amended to read as follows:
     The permit to apply agricultural industrial process water to agricultural water use shall be the permit issued under chapter 90.48 RCW to the owner of the agricultural processing plant who may then distribute the water through methods including, but not limited to, irrigation systems, subject to provisions in the permit governing the location, rate, water quality, and purpose. ((In cases where the department of ecology determines that a significant risk to public health exists, in land application of the water, the department must refer the application to the department of health for review and consultation.))
     The owner of the agricultural processing plant who obtains a permit under this section has the exclusive right to the use of any agricultural industrial process water generated from the plant and to the distribution of such water through facilities including irrigation systems. Use and distribution of the water by the owner is exempt from the permit requirements of RCW 90.03.250, 90.03.380, 90.44.060, and 90.44.100.
     Nothing in chapter 69, Laws of 2001 shall be construed to affect any right to reuse agricultural industrial discharge water in existence on or before July 22, 2001.

Sec. 7035   RCW 90.46.160 and 2002 c 329 s 6 are each amended to read as follows:
     (1) The permit to use industrial reuse water shall be the permit issued under chapter 90.48 RCW to the owner of the plant that is the source of the industrial process water, who may then distribute the water according to provisions in the permit governing the location, rate, water quality, and purpose. ((In cases where the department of ecology determines that a proposed use may pose a significant risk to public health, the department shall refer the permit application to the department of health for review and consultation.))
     (2) The owner of the industrial plant who obtains a permit under this section has the exclusive right to the use of any industrial reuse water generated from the plant and to the distribution of such water. Use and distribution of the water by the owner is exempt from the permit requirements of RCW 90.03.250, 90.03.380, 90.44.060, and 90.44.100.
     (3) Nothing in this section affects any right to reuse industrial process water in existence on or before June 13, 2002.

Sec. 7036   RCW 90.46.200 and 2009 c 456 s 7 are each amended to read as follows:
     (1) ((The department of ecology and the department of health shall have authority to carry out all the provisions of this chapter including, but not limited to, permitting and enforcement. Only the department of ecology or the department of health may act as a lead agency for purposes of this chapter and will be established as such by rule. Enforcement of a permit issued under this chapter shall be at the sole discretion of the lead agency that issued the permit.
     (2) All permit applications shall be referred to the nonlead agency for review and consultation. The nonlead agency may choose to limit the scope of its review.
     (3))) The department shall consult with the department of health in cases where a proposed use of reclaimed water may pose a significant risk to public health.
     (2) The authority and duties created in this chapter are in addition to any authority and duties already provided in law. Nothing in this chapter limits the powers of the state or any political subdivision to exercise such authority.

Sec. 7037   RCW 90.46.210 and 2009 c 456 s 8 are each amended to read as follows:
     The ((lead agency)) department, with the assistance of the attorney general, is authorized to bring any appropriate action at law or in equity, including action for injunctive relief, as may be necessary to carry out the provisions of this chapter. The ((lead agency)) department may bring the action in the superior court of the county in which the violation occurred or in the superior court of Thurston county. The court may award reasonable attorneys' fees for the cost of the attorney general's office in representing the ((lead agency)) department.

Sec. 7038   RCW 90.46.220 and 2009 c 456 s 9 are each amended to read as follows:
     (1) Any person proposing to generate any type of reclaimed water for a use regulated under this chapter shall obtain a permit from the ((lead agency)) department prior to distribution or use of that water. The permittee may then distribute and use the water, subject to the provisions in the permit. The permit must include provisions that protect human health and the environment. At a minimum, the permit must:
     (a) Assure adequate and reliable treatment; and
     (b) Govern the water quality, location, rate, and purpose of use.
     (2) A permit under this chapter may be issued only to:
     (a) A municipal, quasi-municipal, or other governmental entity;
     (b) A private utility as defined in RCW 36.94.010;
     (c) The holder of a waste disposal permit issued under chapter 90.48 RCW or operating permit under chapter 70.118B RCW; or
     (d) The owner of an agricultural processing facility that is generating agricultural industrial process water for agricultural use, or the owner of an industrial facility that is generating industrial process water for reuse.
     (3) Before deciding whether to issue a permit under this section to a private utility, the ((lead agency)) department may require information that is reasonable and necessary to determine whether the private utility has the financial and other resources to ensure the reliability, continuity, and supervision of the reclaimed water facility.
     (4) Permits shall be issued for a fixed term specified by the rules adopted under RCW 90.46.015. A permittee shall apply for permit renewal prior to the end of the term. The rules adopted under RCW 90.46.015 shall specify the process of renewal, modification, change of ownership, suspension, and termination.
     (5) The ((lead agency)) department may deny an application for a permit or modify, suspend, or revoke a permit for good cause, including but not limited to, any case in which it finds that the permit was obtained by fraud or misrepresentation, or there is or has been a failure, refusal, or inability to comply with the requirements of this chapter or the rules adopted under this chapter.
     (6) The ((lead agency)) department shall provide for adequate public notice and opportunity for review and comment on all initial permit applications and renewal applications. Methods for providing notice may include electronic mail, posting on the ((lead agency's)) department's internet site, publication in a local newspaper, press releases, mailings, or other means of notification the ((lead agency)) department determines appropriate. The ((lead agency)) department shall also publicize notice of final permitting decisions.
     (7) Any person aggrieved by a permitting decision has the right to an adjudicative proceeding. An adjudicative proceeding conducted under this subsection is governed by chapter 34.05 RCW. ((For any permit decision for which the department of ecology is the lead agency under this chapter,)) Any appeal shall be in accordance with chapter 43.21B RCW. ((For any permit decision for which department of health is the lead agency under this chapter, any application for an adjudicative proceeding must be in writing, state the basis for contesting the action, include a copy of the decision, be served on and received by the department of health within twenty-eight days of receipt of notice of the final decision, and be served in a manner that shows proof of receipt.))
     (8) Permit requirements for the distribution and use of greywater will be established in rules adopted by the department of health under RCW 90.46.015.

Sec. 7039   RCW 90.46.230 and 2009 c 456 s 10 are each amended to read as follows:
     (1)(a) Except as otherwise provided in (b) of this subsection, the ((lead agency)) department or its designee shall have the right to enter and inspect any property related to the purpose of the permit, public or private, at reasonable times with prior notification in order to determine compliance with laws and rules administered by the ((lead agency)) department. During such inspections, the ((lead agency)) department shall have free and unimpeded access to all data, facilities, and property involved in the generation, distribution, and use of reclaimed water.
     (b) The ((lead agency)) department or its designee need not give prior notification to enter property under (a) of this subsection if the purpose of the entry is to ensure compliance by the permittee with a prior order of the ((lead agency)) department or if the ((lead agency)) department or its designee has reasonable cause to believe there is a violation of the law that poses a serious threat to public health and safety or the environment.
     (2) The ((lead agency)) department or its designee may apply for an administrative search warrant to a court of competent jurisdiction and an administrative search warrant may issue where:
     (a) The ((lead agency)) department has attempted an inspection under this chapter and access has been actually or constructively denied; or
     (b) There is reasonable cause to believe that a violation of this chapter or rules adopted under this chapter is occurring or has occurred.

Sec. 7040   RCW 90.46.240 and 2009 c 456 s 11 are each amended to read as follows:
     All required feasibility studies, planning documents, engineering reports, and plans and specifications for the construction of new reclaimed water, agricultural industrial process water, and industrial reuse water facilities, including generation, distribution, and use facilities, or for improvements or extensions to existing facilities, and the proposed method of future operation and maintenance of said facility or facilities, shall be submitted to and be approved by the ((lead agency)) department, before construction thereof may begin. No approval shall be given until the ((lead agency)) department is satisfied that the plans, reports, and specifications and the methods of operation and maintenance submitted are adequate to protect the quality of the water for the intended use as provided for in this chapter and are adequate to protect public health and safety as necessary.

Sec. 7041   RCW 90.46.250 and 2009 c 456 s 12 are each amended to read as follows:
     (1) When, in the opinion of the ((lead agency)) department, a person violates or creates a substantial potential to violate this chapter, the ((lead agency)) department shall notify the person of its determination by registered mail. The determination shall not constitute an appealable order or directive. Within thirty days from the receipt of notice of such determination, the person shall file with the ((lead agency)) department a full report stating what steps have been and are being taken to comply with the determination of the ((lead agency)) department. After the full report is filed or after the thirty days have elapsed, the ((lead agency)) department may issue the order or directive as it deems appropriate under the circumstances, shall notify the person by registered mail, and shall inform the person of the process for requesting an adjudicative hearing.
     (2) When it appears to the ((lead agency)) department that water quality conditions or other conditions exist which require immediate action to protect human health and safety or the environment, the ((lead agency)) department may issue a written order to the person or persons responsible without first issuing a notice of determination pursuant to subsection (1) of this section. An order or directive issued pursuant to this subsection shall be served by registered mail or personally upon any person to whom it is directed, and shall inform the person or persons responsible of the process for requesting an adjudicative hearing.

Sec. 7042   RCW 90.46.260 and 2009 c 456 s 13 are each amended to read as follows:
     Any person found guilty of willfully violating any of the provisions of this chapter, or any final written orders or directive of the ((lead agency)) department or a court in pursuance thereof, is guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the county jail for not more than one year, or both, in the discretion of the court. Each day upon which a willful violation of the provisions of this chapter occurs may be deemed a separate and additional violation.

Sec. 7043   RCW 90.46.270 and 2009 c 456 s 14 are each amended to read as follows:
     (1) Except as provided in RCW 43.05.060 through 43.05.080, 43.05.100, 43.05.110, and 43.05.150, any person who:
     (a) Generates any reclaimed water for a use regulated under this chapter and distributes or uses that water without a permit;
     (b) Violates the terms or conditions of a permit issued under this chapter; or
     (c) Violates rules or orders adopted or issued pursuant to this chapter,
shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to ten thousand dollars per day for every violation. Each violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be a separate and distinct violation. Every act of commission or omission which procures, aids, or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty herein provided for. The penalty amount shall be set in consideration of the previous history of the violator and the severity of the violation's impact on public health, the environment, or both, in addition to other relevant factors.
     (2) A penalty imposed by a final administrative order is due upon service of the final administrative order. A person who fails to pay a penalty assessed by a final administrative order within thirty days of service of the final administrative order shall pay, in addition to the amount of the penalty, interest at the rate of one percent of the unpaid balance of the assessed penalty for each month or part of a month that the penalty remains unpaid, commencing within the month in which the notice of penalty was served, and reasonable attorneys' fees as are incurred if civil enforcement of the final administrative order is required to collect penalty.
     (3) A person who institutes proceedings for judicial review of a final administrative order assessing a civil penalty under this chapter shall place the full amount of the penalty in an interest bearing account in the registry of the reviewing court. At the conclusion of the proceeding the court shall, as appropriate, enter a judgment on behalf of the ((lead agency)) department and order that the judgment be satisfied to the extent possible from moneys paid into the registry of the court or shall enter a judgment in favor of the person appealing the penalty assessment and order return of the moneys paid into the registry of the court together with accrued interest to the person appealing. The judgment may award reasonable attorneys' fees for the cost of the attorney general's office in representing the ((lead agency)) department.
     (4) If no appeal is taken from a final administrative order assessing a civil penalty under this chapter, the ((lead agency)) department may file a certified copy of the final administrative order with the clerk of the superior court in which the person resides, or in Thurston county, and the clerk shall enter judgment in the name of the ((lead agency)) department and in the amount of the penalty assessed in the final administrative order.
     (5) ((When the penalty herein provided for is imposed by the department of ecology, it)) The penalty shall be imposed pursuant to the procedures set forth in RCW 43.21B.300. All penalties imposed by the department ((of ecology)) pursuant to RCW 43.21B.300 shall be deposited into the state treasury and credited to the general fund.
     (((6) When the penalty is imposed by the department of health, it shall be imposed pursuant to the procedures set forth in RCW 43.70.095. All receipts from penalties shall be deposited into the health reclaimed water account. The department of health shall use revenue derived from penalties only to provide training and technical assistance to reclaimed water system owners and operators.))

NEW SECTION.  Sec. 7044   A new section is added to chapter 90.46 RCW to read as follows:
     (1) The reclaimed water program is transferred from the department of health to the department of ecology.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of health water reclaimed program shall be delivered to the custody of the department of ecology. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of health water reclaimed program shall be transferred to the department of ecology. All funds, credits, or other assets held by the department of health water reclaimed program shall be assigned to the department of ecology.
     (b) Any appropriations made to the department of health for the water reclaimed program shall be transferred and credited to the department of ecology.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All employees of the department of health water reclaimed program are transferred to the jurisdiction of the department of ecology. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of ecology to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the department of health water reclaimed program shall be continued and acted upon by the department of ecology. All existing contracts and obligations shall remain in full force and shall be performed by the department of ecology.
     (5) The transfer of the powers, duties, functions, and personnel of the department of health water reclaimed program to the department of ecology under this act shall not affect the validity of any activity performed before the effective date of this section or the effective date of the consolidation.
     (6) If apportionments of budgeted funds are required because of the consolidation directed by this section, the director of financial management shall certify the apportionments to the affected agencies, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (7) All classified employees of the department of health water reclaimed program assigned to the department of ecology under this act whose positions are within an existing bargaining unit description at the department of ecology shall become a part of the existing bargaining unit at the department of ecology and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

NEW SECTION.  Sec. 7045   The following acts or parts of acts are each repealed:
     (1) RCW 90.46.020 (Interim standards for pilot projects for use of reclaimed water) and 1992 c 204 s 3;
     (2) RCW 90.46.072 (Conflict resolution -- Reclaimed water projects and chapter 372-32 WAC) and 1995 c 342 s 8; and
     (3) RCW 90.46.110 (Reclaimed water demonstration program--Demonstration projects) and 1997 c 355 s 2.

NEW SECTION.  Sec. 7046   A new section is added to chapter 43.97 RCW to read as follows:
     (1) As authorized by this chapter for the state of Washington, the department of ecology shall provide administrative and functional assistance to the Columbia River Gorge commission. This provision of administrative and functional assistance does not alter the legal status of the commission as a bistate compact entity or confer the status of state agency upon the commission.
     (2) Pursuant to RCW 43.97.015 Article IV b., the governor designates the director of the department of ecology. The commission shall submit a budget of its estimated expenditures to the director of the department of ecology. The department of ecology shall include a request for funding for the commission as a separate program in its budget submittal to the governor. The department shall separately account for the commission funding.

Sec. 7047   RCW 43.200.015 and 1989 c 322 s 1 are each amended to read as follows:
     As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
     (1) "High-level radioactive waste" means "high-level radioactive waste" as the term is defined in 42 U.S.C. Sec. 10101 (P.L. 97-425).
     (2) "Low-level radioactive waste" means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than one hundred nanocuries of transuranic contaminants per gram of material, nor spent nuclear fuel, nor material classified as either high-level radioactive waste or waste that is unsuited for disposal by near-surface burial under any applicable federal regulations.
     (3) "Radioactive waste" means both high-level and low-level radioactive waste.
     (4) "Spent nuclear fuel" means spent nuclear fuel as the term is defined in 42 U.S.C. Sec. 10101.
     (5) "Department" means the department of ecology.
     (6) "Commercial low-level radioactive waste disposal facility" has the same meaning as "facility" as defined in RCW 43.145.010.

Sec. 7048   RCW 43.200.080 and 2003 1st sp.s. c 21 s 1 are each amended to read as follows:
     The director of ecology shall, in addition to the powers and duties otherwise imposed by law, have the following special powers and duties:
     (1) To fulfill the responsibilities of the state under the lease between the state of Washington and the federal government executed September 10, 1964, as amended, covering approximately one ((thousand)) hundred fifteen acres of land lying within the Hanford reservation near Richland, Washington. The department of ecology may sublease to private or public entities all or a portion of the land for specific purposes or activities which are determined, after public hearing, to be in agreement with the terms of the lease and in the best interests of the citizens of the state consistent with any criteria that may be developed as a requirement by the legislature;
     (2) To assume the responsibilities of the state under the perpetual care agreement between the state of Washington and the federal government executed July 29, 1965, and the sublease between the state of Washington and the site operator of the ((Hanford)) commercial low-level radioactive waste disposal facility. In order to finance perpetual surveillance and maintenance under the agreement and ensure site closure under the sublease, the department of ecology shall impose and collect fees from parties holding radioactive materials for waste management purposes. The fees shall be established by rule adopted under chapter 34.05 RCW and shall be an amount determined by the department of ecology to be necessary to defray the estimated liability of the state. Such fees shall reflect equity between the disposal facilities of this and other states. A site closure account and a perpetual surveillance and maintenance account ((is)) are hereby created in the state treasury. Site use permit fees collected by the department of health under RCW 70.98.085(3) must be deposited in the site closure account and must be used as specified in RCW 70.98.085(3). Funds in the site closure account other than site use permit fee funds shall be exclusively available to reimburse, to the extent that moneys are available in the account, the site operator for its costs plus a reasonable profit as agreed by the operator and the state, or to reimburse the state licensing agency and any agencies under contract to the state licensing agency for their costs in final closure and decommissioning of the ((Hanford)) commercial low-level radioactive waste disposal facility. If a balance remains in the account after satisfactory performance of closure and decommissioning, this balance shall be transferred to the perpetual surveillance and maintenance account. The perpetual surveillance and maintenance account shall be used exclusively by the state to meet post-closure surveillance and maintenance costs, or for otherwise satisfying surveillance and maintenance obligations. Appropriations are required to permit expenditures and payment of obligations from the site closure account and the perpetual surveillance and maintenance account. ((All moneys, including earnings from the investment of balances in the site closure and the perpetual surveillance and maintenance account, less the allocation to the state treasurer's service fund, pursuant to RCW 43.08.190 accruing under the authority of this section shall be directed to the site closure account until December 31, 1992. Thereafter receipts including earnings from the investment of balances in the site closure and the perpetual surveillance and maintenance account, less the allocation to the state treasurer's service fund, pursuant to RCW 43.08.190)) Receipts shall be directed to the site closure account and the perpetual surveillance and maintenance account as specified by the department. Additional moneys specifically appropriated by the legislature or received from any public or private source may be placed in the site closure account and the perpetual surveillance and maintenance account. During the 2003-2005 fiscal biennium, the legislature may transfer up to thirteen million eight hundred thousand dollars from the site closure account to the general fund;
     (3)(a) Subject to the conditions in (b) of this subsection, on July 1, 2008, and each July 1st thereafter, the treasurer shall transfer from the perpetual surveillance and maintenance account to the site closure account the sum of nine hundred sixty-six thousand dollars. The nine hundred sixty-six thousand dollars transferred on July 1, 2009, and thereafter shall be adjusted to a level equal to the percentage increase in the United States implicit price deflator for personal consumption. The last transfer under this section shall occur on July 1, 2033.
     (b) The transfer in (a) of this subsection shall occur only if written agreement is reached between the state department of ecology and the United States department of energy pursuant to section 6 of the perpetual care agreement dated July 29, 1965, between the United States atomic energy commission and the state of Washington. If agreement cannot be reached between the state department of ecology and the United States department of energy by June 1, 2008, the treasurer shall transfer the funds from the general fund to the site closure account according to the schedule in (a) of this subsection.
     (c) If for any reason the ((Hanford)) commercial low-level radioactive waste disposal facility is closed to further disposal operations during or after the 2003-2005 biennium and before 2033, then the amount remaining to be repaid from the 2003-2005 transfer of thirteen million eight hundred thousand dollars from the site closure account shall be transferred by the treasurer from the general fund to the site closure account to fund the closure and decommissioning of the facility. The treasurer shall transfer to the site closure account in full the amount remaining to be repaid upon written notice from the secretary of health that the department of health has authorized closure or that disposal operations have ceased. The treasurer shall complete the transfer within sixty days of written notice from the secretary of health.
     (d) To the extent that money in the site closure account together with the amount of money identified for repayment to the site closure account, pursuant to (a) through (c) of this subsection, equals or exceeds the cost estimate approved by the department of health for closure and decommissioning of the facility, the money in the site closure account together with the amount of money identified for repayment to the site closure account shall constitute adequate financial assurance for purposes of the department of health financial assurance requirements;
     (4) To assure maintenance of such insurance coverage by state licensees, lessees, or sublessees as will adequately, in the opinion of the director, protect the citizens of the state against nuclear accidents or incidents that may occur on privately or state-controlled nuclear facilities;
     (5) ((To institute a user permit system and issue site use permits, consistent with regulatory practices, for generators, packagers, or brokers using the Hanford low-level radioactive waste disposal facility. The costs of administering the user permit system shall be borne by the applicants for site use permits. The site use permit fee shall be set at a level that is sufficient to fund completely the executive and legislative participation in activities related to the Northwest Interstate Compact on Low-Level Radioactive Waste Management;
     (6))) To make application for or otherwise pursue any federal funds to which the state may be eligible, through the federal resource conservation and recovery act or any other federal programs, for the management, treatment or disposal, and any remedial actions, of wastes that are both radioactive and hazardous at all ((Hanford)) commercial low-level radioactive waste disposal facilities; and
     (((7))) (6) To develop contingency plans for duties and options for the department and other state agencies related to the ((Hanford)) commercial low-level radioactive waste disposal facility based on various projections of annual levels of waste disposal. These plans shall include an analysis of expected revenue to the state in various taxes and funds related to low-level radioactive waste disposal and the resulting implications that any increase or decrease in revenue may have on state agency duties or responsibilities. The plans shall be updated annually.

Sec. 7049   RCW 43.200.170 and 1990 c 21 s 3 are each amended to read as follows:
     The governor may assess surcharges and penalty surcharges on the disposal of waste at the ((Hanford)) commercial low-level radioactive waste disposal facility. The surcharges may be imposed up to the maximum extent permitted by federal law. Ten dollars per cubic foot of the moneys received under this section shall be transmitted monthly to the site closure account established under RCW 43.200.080. The rest of the moneys received under this section shall be deposited in the general fund.

Sec. 7050   RCW 43.200.180 and 1998 c 245 s 81 are each amended to read as follows:
     Except as provided in chapter 70.98 RCW, the department of ecology shall be the state agency responsible for implementation of the federal low-level radioactive waste policy amendments act of 1985, including:
     (1) Collecting and administering the surcharge assessed by the governor under RCW 43.200.170;
     (2) Collecting low-level radioactive waste data from disposal facility operators, generators, intermediate handlers, and the federal department of energy;
     (3) Developing and operating a computerized information system to manage low-level radioactive waste data;
     (4) Denying and reinstating access to the ((Hanford)) commercial low-level radioactive waste disposal facility pursuant to the authority granted under federal law;
     (5) Administering and/or monitoring (a) the maximum waste volume levels for the ((Hanford)) commercial low-level radioactive waste disposal facility, (b) reactor waste allocations, (c) priority allocations under the Northwest Interstate Compact on Low-Level Radioactive Waste Management, and (d) adherence by other states and compact regions to federal statutory deadlines; and
     (6) Coordinating the state's low-level radioactive waste disposal program with similar programs in other states.

Sec. 7051   RCW 43.200.190 and 1998 c 245 s 82 are each amended to read as follows:
     The department of ecology shall perform studies, by contract or otherwise, to define site closure and perpetual care and maintenance requirements for the ((Hanford)) commercial low-level radioactive waste disposal facility and to assess the adequacy of insurance coverage for general liability, radiological liability, and transportation liability for the facility.

Sec. 7052   RCW 43.200.200 and 1998 c 245 s 83 are each amended to read as follows:
     (1) The director of the department of ecology ((shall)) may periodically review the potential for bodily injury and property damage arising from the transportation and disposal of commercial low-level radioactive waste under permits issued by the state.
     (2) ((The director may require permit holders to demonstrate financial assurance in an amount that is adequate to protect the state and its citizens from all claims, suits, losses, damages, or expenses on account of injuries to persons and property damage arising or growing out of the transportation or disposal of commercial low-level radioactive waste. The financial assurance may be in the form of insurance, cash deposits, surety bonds, corporate guarantees, and other acceptable instruments or guarantees determined by the director to be acceptable evidence of financial assurance.
     (3))) In making the determination of the appropriate level of financial assurance, the director shall consider:
     (a) The nature and purpose of the activity and its potential for injury and damages to or claims against the state and its citizens;
     (b) The current and cumulative manifested volume and radioactivity of waste being packaged, transported, buried, or otherwise handled;
     (c) The location where the waste is being packaged, transported, buried, or otherwise handled, including the proximity to the general public and geographic features such as geology and hydrology, if relevant; and
     (d) The legal defense cost, if any, that will be paid from the required financial assurance amount.
     (((4) The director may establish different levels of required financial assurance for various classes of permit holders.
     (5) The director shall establish by rule the instruments or mechanisms by which a permit applicant or holder may demonstrate financial assurance as required by RCW 43.200.210.))

Sec. 7053   RCW 43.200.230 and 1991 c 272 s 16 are each amended to read as follows:
     The director of the department of ecology shall require that generators of waste pay a fee for each cubic foot of waste disposed at any facility in the state equal to six dollars and fifty cents. The fee shall be imposed specifically on the generator of the waste and shall not be considered to apply in any way to the low-level site operator's disposal activities. The fee shall be allocated in accordance with RCW 43.200.233 and 43.200.235. ((This subsection shall be invalidated and the authorization to collect a surcharge removed if the legislature or any administrative agency of the state of Washington prior to January 1, 1993, (1) imposes fees, assessments, or charges other than perpetual care and maintenance, site surveillance, and site closing fees currently applicable to the Hanford commercial low-level waste site operator's activities, (2) imposes any additional fees, assessments, or charges on generators using the Hanford commercial low-level waste site, or (3) increases any existing fees, assessments, or charges.)) Failure to comply with this section may result in denial or suspension of the generator's site use permit pursuant to RCW 70.98.085.

Sec. 7054   RCW 70.98.030 and 1991 c 3 s 355 are each amended to read as follows:
     (1) "By-product material" means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.
     (2) "Ionizing radiation" means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other atomic or subatomic particles; but not sound or radio waves, or visible, infrared, or ultraviolet light.
     (3)(a) "General license" means a license effective pursuant to rules promulgated by the state radiation control agency, without the filing of an application, to transfer, acquire, own, possess, or use quantities of, or devices or equipment utilizing, by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially.
     (b) "Specific license" means a license, issued after application to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing by-product, source, special nuclear materials, or other radioactive materials occurring naturally or produced artificially.
     (4) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Atomic Energy Commission, or any successor thereto, and other than federal government agencies licensed by the United States Atomic Energy Commission, or any successor thereto.
     (5) "Source material" means (a) uranium, thorium, or any other material which is determined by the United States Nuclear Regulatory Commission or its successor pursuant to the provisions of section 61 of the United States Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 209) to be source material; or (b) ores containing one or more of the foregoing materials, in such concentration as the commission may by regulation determine from time to time.
     (6) "Special nuclear material" means (a) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the United States Nuclear Regulatory Commission or its successor, pursuant to the provisions of section 51 of the United States Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 2071), determines to be special nuclear material, but does not include source material; or (b) any material artificially enriched by any of the foregoing, but does not include source material.
     (7) "Registration" means registration with the state department of health by any person possessing a source of ionizing radiation in accordance with rules adopted by the department of health.
     (8) "Radiation source" means any type of device or substance which is capable of producing or emitting ionizing radiation.
     (9) "Site use permit" means a permit, issued after application, to use the commercial low-level radioactive waste disposal facility.

Sec. 7055   RCW 70.98.085 and 1990 c 21 s 7 are each amended to read as follows:
     (1) The agency is empowered to administer a user permit system and issue site use permits for generators, packagers, or brokers to use the commercial low-level radioactive waste disposal facility. The agency may issue a site use permit consistent with the requirements of this chapter and the rules adopted under it and the requirements of the Northwest Interstate Compact on Low-Level Radioactive Waste Management under chapter 43.145 RCW. The agency may deny an application for a site use permit or modify, suspend ((and reinstate)), or revoke a site use permit((s consistent with current regulatory practices and in coordination with the department of ecology, for generators, packagers, or brokers using the Hanford low-level radioactive waste disposal facility)) in any case in which it finds that the permit was obtained by fraud or there is or has been a failure, refusal, or inability to comply with the requirements of this chapter or rules adopted under this chapter or the requirements of the Northwest Interstate Compact on Low-Level Radioactive Waste Management under chapter 43.145 RCW. The agency may also deny or suspend a site use permit for failure to comply with RCW 43.200.230.
     (2) Any permit issued by the department of ecology for a site use permit pursuant to chapter 43.200 RCW is valid until the first expiration date that occurs after July 1, 2012.
     (3) The agency shall collect a fee from the applicants for site use permits that is sufficient to fund the costs to the agency to administer the user permit system. The site use permit fee must be set at a level that is also sufficient to fund state participation in activities related to the Northwest Interstate Compact on Low-Level Radioactive Waste Management under chapter 43.145 RCW. The site use permit fees must be deposited in the site closure account established in RCW 43.200.080(2). Appropriations to the department of health or the department of ecology are required to permit expenditures using site use permit fee funds from the site closure account.
     (4) The agency shall collect a surveillance fee as an added charge on each cubic foot of low-level radioactive waste disposed of at the commercial low-level radioactive waste disposal site in this state which shall be set at a level that is sufficient to fund completely the radiation control activities of the agency directly related to the disposal site, including but not limited to the management, licensing, monitoring, and regulation of the site. ((The surveillance fee shall not exceed five percent in 1990, six percent in 1991, and seven percent in 1992 of the basic minimum fee charged by an operator of a low-level radioactive waste disposal site in this state. The basic minimum fee consists of the disposal fee for the site operator, the fee for the perpetual care and maintenance fund administered by the state, the fee for the state closure fund, and the tax collected pursuant to chapter 82.04 RCW. Site use permit fees and surcharges collected under chapter 43.200 RCW are not part of the basic minimum fee.)) The fee shall also provide funds to the Washington state patrol for costs incurred from inspection of low-level radioactive waste shipments entering this state. Disbursements for this purpose shall be by authorization of the secretary of the department of health or the secretary's designee.
     (5) The agency shall require that any person who holds or applies for a permit under this chapter indemnify and hold harmless the state from claims, suits, damages, or expenses on account of injuries to or death of persons and property damage, arising or growing out of any operations and activities for which the person holds the permit, and any necessary or incidental operations.
     (6) The agency may adopt such rules as are necessary to carry out its responsibilities under this section.

Sec. 7056   RCW 70.98.095 and 1992 c 61 s 3 are each amended to read as follows:
     (1) The radiation control agency may require any person who applies for, or holds, a license under this chapter to demonstrate that the person has financial assurance sufficient to assure that liability incurred as a result of licensed operations and activities can be fully satisfied. Financial assurance may be in the form of insurance, cash deposits, surety bonds, corporate guarantees, letters of credit, or other financial instruments or guarantees determined by the agency to be acceptable financial assurance. The agency may require financial assurance in an amount determined by the secretary pursuant to RCW 70.98.098.
     (2) The radiation control agency may require site use permit holders to demonstrate financial assurance in an amount that is adequate to protect the state and its citizens from all claims, suits, losses, damages, or expenses on account of injuries to persons and property damage arising or growing out of the transportation or disposal of commercial low-level radioactive waste. The financial assurance may be in the form of insurance, cash deposits, surety bonds, corporate guarantees, and other acceptable instruments or guarantees determined by the director to be acceptable evidence of financial assurance. The agency may require financial assurance in an amount determined by the secretary pursuant to RCW 70.98.098.
     (3) The radiation control agency shall refuse to issue a license or permit or suspend the license or permit of any person required by this section to demonstrate financial assurance who fails to demonstrate compliance with this section. The license or permit shall not be issued or reinstated until the person demonstrates compliance with this section.
     (((3))) (4) The radiation control agency shall require (a) that any person required to demonstrate financial assurance, maintain with the agency current copies of any insurance policies, certificates of insurance, letters of credit, surety bonds, or any other documents used to comply with this section, (b) that the agency be notified of any changes in the financial assurance or financial condition of the person, and (c) that the state be named as an insured party on any insurance policy used to comply with this section.

Sec. 7057   RCW 70.98.098 and 2003 1st sp.s. c 21 s 2 are each amended to read as follows:
     (1) In making the determination of the appropriate level of financial assurance, the secretary shall consider: (a) ((The)) Any report prepared by the department of ecology pursuant to RCW 43.200.200; (b) the potential cost of decontamination, treatment, disposal, decommissioning, and cleanup of facilities or equipment; (c) federal cleanup and decommissioning requirements; and (d) the legal defense cost, if any, that might be paid from the required financial assurance.
     (2) The secretary may establish different levels of required financial assurance for various classes of permit or license holders.
     (3) The secretary shall establish by rule the instruments or mechanisms by which a person may demonstrate financial assurance as required by RCW 70.98.095.
     (4) To the extent that money in the site closure account together with the amount of money identified for repayment to the site closure account pursuant to RCW 43.200.080 equals or exceeds the cost estimate approved by the department of health for closure and decommissioning of the ((Hanford)) commercial low-level radioactive waste disposal facility, the money in the site closure account together with the amount of money identified for repayment to the site closure account shall constitute adequate financial assurance for purposes of the department of health financial assurance requirements under RCW 70.98.095.

Sec. 7058   RCW 70.98.130 and 1989 c 175 s 133 are each amended to read as follows:
     (1) In any proceeding under this chapter for the issuance or modification or repeal of rules relating to control of sources of ionizing radiation, the agency shall comply with the requirements of chapter 34.05 RCW, the administrative procedure act.
     (2) Notwithstanding any other provision of this chapter, whenever the agency finds that an emergency exists requiring immediate action to protect the public health, safety, or general welfare, the agency may, in accordance with RCW 34.05.350 without notice or hearing, adopt a rule reciting the existence of such emergency and require that such action be taken as is necessary to meet the emergency. As specified in RCW 34.05.350, such rules are effective immediately.
     (3) In any case in which the department denies, modifies, suspends, or revokes a license or permit, RCW 43.70.115 governs notice of the action and provides the right to an adjudicative proceeding to the applicant or licensee or permittee. Such an adjudicative proceeding is governed by chapter 34.05 RCW.

NEW SECTION.  Sec. 7059   A new section is added to chapter 70.98 RCW to read as follows:
     The agency shall adopt rules for administering a site use permit program under RCW 70.98.085.

NEW SECTION.  Sec. 7060   A new section is added to chapter 43.200 RCW to read as follows:
     (1) The site use permit program is transferred from the department of ecology to the department of health.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of ecology site use permit program shall be delivered to the custody of the department of health. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of ecology site use permit program shall be transferred to the department of health. All funds, credits, or other assets held by the department of ecology site use permit program shall be assigned to the department of health.
     (b) Any appropriations made to the department of ecology for the site use permit program shall be transferred and credited to the department of health.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All employees of the department of ecology site use permit program are transferred to the jurisdiction of the department of health. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of health to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the department of ecology site use permit program shall be continued and acted upon by the department of health. All existing contracts and obligations shall remain in full force and shall be performed by the department of health.
     (5) The transfer of the powers, duties, functions, and personnel of the department of ecology site use permit program to the department of health under this act shall not affect the validity of any activity performed before the effective date of this section or the effective date of the consolidation.
     (6) If apportionments of budgeted funds are required because of the consolidation directed by this section, the director of financial management shall certify the apportionments to the affected agencies, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (7) All classified employees of the department of ecology site use permit program assigned to the department of health under this act whose positions are within an existing bargaining unit description at the department of health shall become a part of the existing bargaining unit at the department of health and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

NEW SECTION.  Sec. 7061   RCW 43.200.210 (Immunity of state--Demonstration of financial assurance -- Suspension of permit) and 1992 c 61 s 2, 1990 c 82 s 2, & 1986 c 191 s 2 are each repealed.

NEW SECTION.  Sec. 7062   (1) On the effective date of this section, the secretary of health and the directors of the department of ecology, the pollution liability insurance agency, and the Columbia river gorge commission must each designate one executive-level representative to serve on a consolidation transition team. This team must, with the assistance of their agencies, develop the following work products:
     (a) A consolidation transition team report, to be submitted to the office of financial management and the legislature by August 1, 2011. This report must, at a minimum, detail all legislative and fiscal changes necessary for the successful implementation of this consolidation and identify expected costs and savings associated with the consolidation.
     (b) A supplemental budget request, if necessary, for consideration during the 2012 legislative session. This request must encompass any necessary budgetary and legislative changes for the agencies affected by this consolidation, and be submitted to the office of financial management by September 1, 2011.
     (c) A second consolidation transition team report, to be submitted to the director of ecology by July 1, 2012. This report must, at a minimum, detail all additional legislative and fiscal changes necessary for the successful implementation of this agency consolidation and identify expected costs and savings associated with the consolidation.
     (2) This section applies to the consolidation directed pursuant to sections 7001 through 7061 of this act.

NEW SECTION.  Sec. 7063   The consolidation directed pursuant to sections 7001 through 7062 of this act takes effect July 1, 2012.

Sec. 8001   RCW 43.334.010 and 2005 c 333 s 1 are each amended to read as follows:
     (1) There is created ((a department of state government)) an office within the department of natural resources to be known as the ((department)) office of archaeology and historic preservation. The ((department)) office is vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law.
     (2) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (a) "Commissioner" means the commissioner of public lands, who is the administrator of the department of natural resources.
     (b) "Department" means the department of ((archaeology and historic preservation)) natural resources.
     (((b) "Director" means the director of the department of archaeology and historic preservation.))
     (c) "Office" means the office of archaeology and historic preservation.
     (d) "Preservation officer" means the state historic preservation officer as provided for in RCW 43.334.020.
     (e) "Supervisor" means the supervisor of the department of natural resources, appointed by the administrator with the advice and consent of the board of natural resources.

Sec. 8002   RCW 43.334.020 and 2005 c 333 s 2 are each amended to read as follows:
     ((The executive head and appointing authority of the department is the director.)) The ((director)) governor shall ((serve as)) appoint the state historic preservation officer((, and)) subject to the approval of the commissioner. The commissioner shall provide the governor with a list of candidates for consideration as the state historic preservation officer. The preservation officer shall report directly to the commissioner. The preservation officer shall have a background in program administration, an active involvement in historic preservation, and a knowledge of the national, state, and local preservation programs as they affect the state of Washington. ((The director shall be appointed by the governor, with the consent of the senate, and serves at the pleasure of the governor. The director shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040. If a vacancy occurs in the position while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate.))

Sec. 8003   RCW 43.334.060 and 2005 c 333 s 6 are each amended to read as follows:
     (1) The preservation officer shall supervise the operations of the office of archaeology and historic preservation.
     (2) Any power or duty vested in or transferred to the ((director)) preservation officer by law or executive order may be delegated by the ((director to the deputy director or)) preservation officer to any other assistant or subordinate; but the ((director)) preservation officer is responsible for the official acts of the officers and employees of the ((department)) office.

Sec. 8004   RCW 43.334.070 and 2005 c 333 s 7 are each amended to read as follows:
     The ((director)) commissioner may appoint advisory committees or councils as required by any federal legislation as a condition to the receipt of federal funds by the ((department)) office based on nominations by the preservation officer. The ((director)) commissioner may also appoint statewide committees or councils on those subject matters as are or come within the ((department's)) office's responsibilities based on nominations by the preservation officer. The statewide committees and councils shall have representation from both major political parties and shall have substantial consumer representation. The committees or councils shall be constituted as required by federal law or as the ((director)) commissioner may determine. The members of the committees or councils shall hold office as follows: One-third to serve one year; one-third to serve two years; and one-third to serve three years. Upon expiration of the original terms, subsequent appointments shall be for three years except in the case of a vacancy, in which event appointment shall be only for the remainder of the unexpired term for which the vacancy occurs. No member may serve more than two consecutive terms.
     Members of such state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

Sec. 8005   RCW 43.334.075 and 2008 c 275 s 4 are each amended to read as follows:
     (1) The ((director)) preservation officer shall appoint a state physical anthropologist. At a minimum, the state physical anthropologist must have a doctorate in either archaeology or anthropology and have experience in forensic osteology or other relevant aspects of physical anthropology and must have at least one year of experience in laboratory reconstruction and analysis. A medical degree with archaeological experience in addition to the experience required may substitute for a doctorate in archaeology or anthropology.
     (2) The state physical anthropologist has the primary responsibility of investigating, preserving, and, when necessary, removing and reinterring discoveries of nonforensic skeletal human remains. The state physical anthropologist is available to any local governments or any federally recognized tribal government within the boundaries of Washington to assist in determining whether discovered skeletal human remains are forensic or nonforensic.
     (3) The ((director)) preservation officer shall hire staff as necessary to support the state physical anthropologist to meet the objectives of this section.
     (4) For the purposes of this section, "forensic remains" are those that come under the jurisdiction of the coroner pursuant to RCW 68.50.010.

Sec. 8006   RCW 43.334.077 and 2008 c 275 s 7 are each amended to read as follows:
     The skeletal human remains assistance account is created in the custody of the state treasurer. All appropriations provided by the legislature for this purpose as well as any reimbursement for services provided pursuant to chapter 275, Laws of 2008 must be deposited in the account. Expenditures from the account may be used only for archaeological determinations and excavations of inadvertently discovered skeletal human remains, and removal and reinterment of such remains when necessary. Only the ((director or the director's)) commissioner, preservation officer, or preservation officer's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 8007   RCW 43.334.080 and 2005 c 333 s 8 are each amended to read as follows:
     In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the ((department)) office, rules as may become necessary to entitle the state to participate in federal funds may be adopted, unless expressly prohibited by law. Any internal reorganization carried out under the terms of this chapter shall meet federal requirements that are a necessary condition to state receipt of federal funds. Any section or provision of law dealing with the ((department)) office that may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the ((department)) office. If any law dealing with the ((department)) office is ruled to be in conflict with federal requirements that are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, the conflicting part is declared to be inoperative solely to the extent of the conflict.

Sec. 8008   RCW 27.34.020 and 2007 c 333 s 5 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
     (1) "Advisory council" means the advisory council on historic preservation.
     (2) (("Department")) "Office" means the ((department)) office of archaeology and historic preservation.
     (3) (("Director")) "Commissioner" means the ((director of the department of archaeology and historic preservation)) commissioner of public lands.
     (4) "Federal act" means the national historic preservation act of 1966 (Public Law 89-655; 80 Stat. 915).
     (5) "Heritage barn" means any large agricultural outbuilding used to house animals, crops, or farm equipment, that is over fifty years old and has been determined by the department to: (a) Be eligible for listing on the Washington heritage register or the national register of historic places; or (b) have been listed on a local historic register and approved by the advisory council. In addition to barns, "heritage barn" includes agricultural resources such as milk houses, sheds, silos, or other outbuildings, that are historically associated with the working life of the farm or ranch, if these outbuildings are on the same property as a heritage barn.
     (6) (("Heritage council" means the Washington state heritage council.
     (7))) "Historic preservation" includes the protection, rehabilitation, restoration, identification, scientific excavation, and reconstruction of districts, sites, buildings, structures, and objects significant in American and Washington state history, architecture, archaeology, or culture.
     (((8))) (7) "Preservation officer" means the state historic preservation officer as provided for in RCW 43.334.020.
     (((9))) (8) "Project" means programs leading to the preservation for public benefit of historical properties, whether by state and local governments or other public bodies, or private organizations or individuals, including the acquisition of title or interests in, and the development of, any district, site, building, structure, or object that is significant in American and Washington state history, architecture, archaeology, or culture, and property used in connection therewith, or for its development.
     (((10))) (9) "State historical agencies" means the state historical societies and the ((department)) office.
     (((11))) (10) "State historical societies" means the Washington state historical society and the eastern Washington state historical society.
     (((12))) (11) "Cultural resource management plan" means a comprehensive plan which identifies and organizes information on the state of Washington's historic, archaeological, and architectural resources into a set of management criteria, and which is to be used for producing reliable decisions, recommendations, and advice relative to the identification, evaluation, and protection of these resources.

Sec. 8009   RCW 27.34.220 and 1997 c 145 s 1 are each amended to read as follows:
     The ((director or the director's)) preservation officer or preservation officer's designee is authorized:
     (1) To promulgate and maintain the Washington heritage register of districts, sites, buildings, structures, and objects significant in American or Washington state history, architecture, archaeology, and culture, and to prepare comprehensive statewide historic surveys and plans and research and evaluation of surveyed resources for the preparation of nominations to the Washington heritage register and the national register of historic places, in accordance with criteria approved by the advisory council established under RCW 27.34.250. Nominations to the national register of historic places shall comply with any standards and regulations promulgated by the United States secretary of the interior for the preservation, acquisition, and development of such properties. Nominations to the Washington heritage register shall comply with rules adopted under this chapter.
     (2) To establish a program of matching grants-in-aid to public agencies, public or private organizations, or individuals for projects having as their purpose the preservation for public benefit of properties that are significant in American or Washington state history, architecture, archaeology, and culture.
     (3) To promote historic preservation efforts throughout the state, including private efforts and those of city, county, and state agencies.
     (4) To enhance the effectiveness of the state preservation program through the initiation of legislation, the use of varied funding sources, the creation of special purpose programs, and contact with state, county, and city officials, civic groups, and professionals.
     (5) To spend funds, subject to legislative appropriation and the availability of funds, where necessary to assist the Indian tribes of Washington state in removing prehistoric human remains for scientific examination and reburial, if the human remains have been unearthed inadvertently or through vandalism and if no other public agency is legally responsible for their preservation.
     (6) To consult with the governor and the legislature on issues relating to the conservation of the man-made environment and their impact on the well-being of the state and its citizens.
     (7) To charge fees for professional and clerical services provided by the office.
     (8) To adopt such rules, in accordance with chapter 34.05 RCW, as are necessary to carry out RCW 27.34.200 through 27.34.280.

Sec. 8010   RCW 27.34.230 and 2005 c 333 s 15 are each amended to read as follows:
     The ((director or the director's)) commissioner or commissioner's designee shall:
     (1) Receive, administer, and disburse such gifts, grants, and endowments from private sources as may be made in trust or otherwise for the purposes of RCW 27.34.200 ((through)) and 27.34.220 or the federal act; and
     (2) Develop and implement a cultural resource management plan.

Sec. 8011   RCW 27.34.240 and 1986 c 266 s 13 are each amended to read as follows:
     The amounts made available for grants to the public agencies, public or private organizations, or individuals for projects for each fiscal year shall be apportioned among program applicants by the ((director or the director's)) preservation officer or preservation officer's designee, with the advice of the preservation officer, in accordance with needs as contained in statewide archaeology and historic preservation plans developed by the ((department)) office.

Sec. 8012   RCW 27.34.270 and 1997 c 145 s 2 are each amended to read as follows:
     The advisory council shall:
     (1) Advise the governor and the ((department)) office on matters relating to historic preservation; recommend measures to coordinate activities of state and local agencies, private institutions, and individuals relating to historic preservation; and advise on the dissemination of information pertaining to such activities; and
     (2) Review and recommend nominations for the national register of historic places to the preservation officer ((and the director)).

Sec. 8013   RCW 27.34.280 and 1986 c 266 s 15 are each amended to read as follows:
     The ((department)) office shall provide administrative and financial services to the advisory council on historic preservation ((and to the Washington state heritage council)).

Sec. 8014   RCW 27.34.330 and 2006 c 371 s 232 are each amended to read as follows:
     The Washington state historical society shall establish a competitive process to solicit proposals for and prioritize heritage capital projects for potential funding in the state capital budget. The society shall adopt rules governing project eligibility and evaluation criteria. Application for funding of specific projects may be made to the society by local governments, public development authorities, nonprofit corporations, tribal governments, and other entities, as determined by the society. The society, with the advice of leaders in the heritage field, including but not limited to representatives from the office of the secretary of state, the eastern Washington state historical society, and the ((department)) office of archaeology and historic preservation, shall establish and submit a prioritized list of heritage capital projects to the governor and the legislature in the society's biennial capital budget request. The list shall include a description of each project, the amount of recommended state funding, and documentation of nonstate funds to be used for the project. The total amount of recommended state funding for projects on a biennial project list shall not exceed ten million dollars. The prioritized list shall be developed through open and public meetings and the amount of state funding shall not exceed thirty-three percent of the total cost of the project. The nonstate portion of the total project cost may include cash, the value of real property when acquired solely for the purpose of the project, and in-kind contributions. The ((department)) society shall not sign contracts or otherwise financially obligate funds under this section until the legislature has approved a specific list of projects. In contracts for grants authorized under this section, the society shall include provisions requiring that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.

Sec. 8015   RCW 27.34.415 and 2008 c 275 s 6 are each amended to read as follows:
     The ((department)) office of archaeology and historic preservation shall develop and maintain a centralized database and geographic information systems spatial layer of all known cemeteries and known sites of burials of human remains in Washington state. The information in the database is subject to public disclosure, except as provided in RCW 42.56.300; exempt information is available by confidentiality agreement to federal, state, and local agencies for purposes of environmental review, and to tribes in order to participate in environmental review, protect their ancestors, and perpetuate their cultures.
     Information provided to state and local agencies under this section is subject to public disclosure, except as provided in RCW 42.56.300.

Sec. 8016   RCW 27.44.055 and 2008 c 275 s 2 are each amended to read as follows:
     (1) Any person who discovers skeletal human remains must notify the coroner and local law enforcement in the most expeditious manner possible. Any person knowing of the existence of human remains and not having good reason to believe that the coroner and local law enforcement has notice thereof and who fails to give notice thereof is guilty of a misdemeanor.
     (2) Any person engaged in ground disturbing activity and who encounters or discovers skeletal human remains in or on the ground shall:
     (a) Immediately cease any activity which may cause further disturbance;
     (b) Make a reasonable effort to protect the area from further disturbance;
     (c) Report the presence and location of the remains to the coroner and local law enforcement in the most expeditious manner possible; and
     (d) Be held harmless from criminal and civil liability arising under the provisions of this section provided the following criteria are met:
     (i) The finding of the remains was based on inadvertent discovery;
     (ii) The requirements of the subsection are otherwise met; and
     (iii) The person is otherwise in compliance with applicable law.
     (3) The coroner must make a determination whether the skeletal human remains are forensic or nonforensic within five business days of receiving notification of a finding of such remains provided that there is sufficient evidence to make such a determination within that time period. The coroner will retain jurisdiction over forensic remains.
     (a) Upon determination that the remains are nonforensic, the coroner must notify the ((department)) office of archaeology and historic preservation within two business days. The ((department)) office will have jurisdiction over such remains until provenance of the remains is established. A determination that remains are nonforensic does not create a presumption of removal or nonremoval.
     (b) Upon receiving notice from a coroner of a finding of nonforensic skeletal human remains, the ((department)) office must notify the appropriate local cemeteries, and all affected Indian tribes via certified mail to the head of the appropriate tribal government, and contact the appropriate tribal cultural resources staff within two business days of the finding. The determination of what are appropriate local cemeteries to be notified is at the discretion of the ((department)) office. A notification to tribes of a finding of nonforensic skeletal human remains does not create a presumption that the remains are Indian.
     (c) The state physical anthropologist must make an initial determination of whether nonforensic skeletal human remains are Indian or non-Indian to the extent possible based on the remains within two business days of notification of a finding of such nonforensic remains. If the remains are determined to be Indian, the ((department)) office must notify all affected Indian tribes via certified mail to the head of the appropriate tribal government within two business days and contact the appropriate tribal cultural resources staff.
     (d) The affected tribes have five business days to respond via telephone or writing to the ((department)) office as to their interest in the remains.
     (4) For the purposes of this section:
     (a) "Affected tribes" are:
     (i) Those federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found;
     (ii) Those federally recognized tribes that submit to the ((department)) office maps that reflect the tribe's geographical area of cultural affiliation; and
     (iii) Other tribes with historical and cultural affiliation in the jurisdiction where the remains were found.
     (b) "Forensic remains" are those that come under the jurisdiction of the coroner pursuant to RCW 68.50.010.
     (c) "Inadvertent discovery" has the same meaning as used in RCW 27.44.040.
     (5) Nothing in this section constitutes, advocates, or otherwise grants, confers, or implies federal or state recognition of those tribes that are not federally recognized pursuant to 25 C.F.R. part 83, procedures for establishing that an American Indian group exists as an Indian tribe.

Sec. 8017   RCW 27.53.020 and 2005 c 333 s 19 are each amended to read as follows:
     The discovery, identification, excavation, and study of the state's archaeological resources, the providing of information on archaeological sites for their nomination to the state and national registers of historic places, the maintaining of a complete inventory of archaeological sites and collections, and the providing of information to state, federal, and private construction agencies regarding the possible impact of construction activities on the state's archaeological resources, are proper public functions; and the ((department)) office of archaeology and historic preservation, created under the authority of chapter 43.334 RCW, is hereby designated as an appropriate agency to carry out these functions. The ((director)) preservation officer shall provide guidelines for the selection of depositories designated by the state for archaeological resources. The legislature directs that there shall be full cooperation amongst the ((department)) office and other agencies of the state.

Sec. 8018   RCW 27.53.030 and 2008 c 275 s 5 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Archaeology" means the systematic((, scientific study of man's past through material)) study of past human life and environments through the recovery and examination of cultural material and remains.
     (2) "Archaeological object" means an object that comprises the physical evidence of an indigenous and subsequent culture including material remains of past human life including monuments, symbols, tools, facilities, and technological by-products.
     (3) "Archaeological site" means a geographic locality in Washington, including but not limited to, submerged and submersible lands and the bed of the sea within the state's jurisdiction, that contains archaeological objects.
     (4) "Department" means the department of ((archaeology and historic preservation, created in chapter 43.334 RCW)) natural resources.
     (5) (("Director" means the director of the department of archaeology and historic preservation, created in chapter 43.334 RCW.
     (6))) "Historic" means peoples and cultures who are known through written documents in their own or other languages. As applied to underwater archaeological resources, the term historic shall include only those properties which are listed in or eligible for listing in the Washington State Register of Historic Places (RCW 27.34.220) or the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 (Title 1, Sec. 101, Public Law 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now or hereafter amended.
     (6) "Office" means the office of archaeology and historic preservation.
     (7) "Prehistoric" means peoples and cultures who are unknown through contemporaneous written documents in any language.
     (8) "Preservation officer" means the state historic preservation officer as provided for in RCW 43.334.020.
     (9) "Professional archaeologist" means a person with qualifications meeting the federal secretary of the interior's standards for a professional archaeologist. Archaeologists not meeting this standard may be conditionally employed by working under the supervision of a professional archaeologist for a period of four years provided the employee is pursuing qualifications necessary to meet the federal secretary of the interior's standards for a professional archaeologist. During this four-year period, the professional archaeologist is responsible for all findings. The four-year period is not subject to renewal.
     (((9))) (10) "Amateur society" means any organization composed primarily of persons who are not professional archaeologists, whose primary interest is in the archaeological resources of the state, and which has been certified in writing by two professional archaeologists.
     (((10))) (11) "Historic archaeological resources" means those properties which are listed in or eligible for listing in the Washington State Register of Historic Places (RCW 27.34.220) or the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 (Title 1, Sec. 101, Public Law 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now or hereafter amended.

Sec. 8019   RCW 27.53.060 and 2002 c 211 s 3 are each amended to read as follows:
     (1) On the private and public lands of this state it shall be unlawful for any person, firm, corporation, or any agency or institution of the state or a political subdivision thereof to knowingly remove, alter, dig into, or excavate by use of any mechanical, hydraulic, or other means, or to damage, deface, or destroy any historic or prehistoric archaeological resource or site, or remove any archaeological object from such site, except for Indian graves or cairns, or any glyptic or painted record of any tribe or peoples, or historic graves as defined in chapter 68.05 RCW, disturbances of which shall be a class C felony punishable under chapter 9A.20 RCW, without having obtained a written permit from the ((director)) preservation officer or preservation officer's designee for such activities.
     (2) The ((director)) preservation officer or preservation officer's designee must obtain the consent of the private or public property owner or agency responsible for the management thereof, prior to issuance of the permit. The property owner or agency responsible for the management of such land may condition its consent on the execution of a separate agreement, lease, or other real property conveyance with the applicant as may be necessary to carry out the legal rights or duties of the public property landowner or agency.
     (3) The ((director)) preservation officer, in consultation with the affected tribes, shall develop guidelines for the issuance and processing of permits.
     (4) Such written permit and any agreement or lease or other conveyance required by any public property owner or agency responsible for management of such land shall be physically present while any such activity is being conducted.
     (5) The provisions of this section shall not apply to the removal of artifacts found exposed on the surface of the ground which are not historic archaeological resources or sites.
     (6) When determining whether to grant or condition a permit, the ((director)) preservation officer or preservation officer's designee may give great weight to the final record of previous civil or criminal penalties against either the applicant, the parties responsible for conducting the work, or the parties responsible for carrying out the terms and conditions of the permit, either under this chapter or under comparable federal laws. If the ((director)) preservation officer denies a permit, the applicant may request a hearing as provided for in chapter 34.05 RCW. When the holder of a permit issued by the department requests a hearing under this subsection, an administrative law judge assigned by the office of administrative hearings shall conduct the hearing. The decision of the administrative law judge is a final agency order.

Sec. 8020   RCW 27.53.070 and 2005 c 333 s 21 and 2005 c 274 s 243 are each reenacted and amended to read as follows:
     It is the declared intention of the legislature that field investigations on privately owned lands should be discouraged except in accordance with both the provisions and spirit of this chapter and persons having knowledge of the location of archaeological sites or resources are encouraged to communicate such information to the ((department)) office. Such information shall not constitute a public record which requires disclosure pursuant to the exception authorized in chapter 42.56 RCW to avoid site depredation.

Sec. 8021   RCW 27.53.080 and 2005 c 333 s 22 are each amended to read as follows:
     (1) Qualified or professional archaeologists, in performance of their duties, may enter upon public lands of the state of Washington and its political subdivisions after first notifying the entity responsible for managing those public lands, at such times and in such manner as not to interfere with the normal management thereof, for the purposes of doing archaeological resource location and evaluation studies, including site sampling activities. The results of such studies shall be provided to the state agency or political subdivision responsible for such lands and the ((department)) office and are confidential unless the ((director)) preservation officer, in writing, declares otherwise. Scientific excavations are to be carried out only after appropriate agreement has been made between a professional archaeologist or an institution of higher education and the agency or political subdivision responsible for such lands. A copy of such agreement shall be filed with the ((department)) office.
     (2) Amateur societies may engage in such activities by submitting and having approved by the responsible agency or political subdivision a written proposal detailing the scope and duration of the activity. Before approval, a proposal from an amateur society shall be submitted to the ((department)) office for review and recommendation. The approving agency or political subdivision shall impose conditions on the scope and duration of the proposed activity necessary to protect the archaeological resources and ensure compliance with applicable federal, state, and local laws. The findings and results of activities authorized under this section shall be made known to the approving agency or political subdivision approving the activities and to the ((department)) office.

Sec. 8022   RCW 27.53.090 and 1986 c 266 s 20 are each amended to read as follows:
     Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor. Each day of continued violation of any provision of this chapter shall constitute a distinct and separate offense. Offenses shall be reported to the appropriate law enforcement agency or to the ((director)) office.

Sec. 8023   RCW 27.53.095 and 2005 c 333 s 23 are each amended to read as follows:
     (1) Persons found to have violated this chapter, either by a knowing and willful failure to obtain a permit where required under RCW 27.53.060 or by a knowing and willful failure to comply with the provisions of a permit issued by the ((director)) preservation officer where required under RCW 27.53.060, in addition to other remedies as provided for by law, may be subject to one or more of the following:
     (a) Reasonable investigative costs incurred by a mutually agreed upon independent professional archaeologist investigating the alleged violation;
     (b) Reasonable site restoration costs; and
     (c) Civil penalties, as determined by the ((director)) preservation officer, in an amount of not more than five thousand dollars per violation.
     (2) Any person incurring the penalty may file an application for an adjudicative proceeding and may pursue subsequent review as provided in chapter 34.05 RCW and applicable rules of the department. When the department or a person incurring penalties arising out of activities permitted by the department requests a hearing under this subsection, an administrative law judge assigned by the office of administrative hearings shall conduct the hearing. The decision of the administrative law judge is a final agency order.
     (3) Any penalty imposed by final order following an adjudicative proceeding becomes due and payable upon service of the final order.
     (4) The attorney general may bring an action in the name of the department in the superior court of Thurston county or of any county in which the violator may do business to collect any penalty imposed under this chapter and to enforce subsection (5) of this section.
     (5) Any and all artifacts in possession of a violator shall become the property of the state until proper identification of artifact ownership may be determined by the ((director)) preservation officer or preservation officer's designee.
     (6) Penalties overturned on appeal entitle the appealing party to fees and other expenses, including reasonable attorneys' fees, as provided in RCW 4.84.350.

Sec. 8024   RCW 27.53.100 and 1988 c 124 s 5 are each amended to read as follows:
     Persons, firms, corporations, institutions, or agencies which discover a previously unreported historic archaeological resource on state-owned aquatic lands and report the site or location of such resource to the ((department)) office shall have a right of first refusal to future salvage permits granted for the recovery of that resource, subject to the provisions of RCW 27.53.110. Such right of first refusal shall exist for five years from the date of the report. Should another person, firm, corporation, institution, or agency apply for a permit to salvage that resource, the reporting entity shall have sixty days to submit its own permit application and exercise its first refusal right, or the right shall be extinguished.

Sec. 8025   RCW 27.53.110 and 1988 c 124 s 6 are each amended to read as follows:
     The ((director)) department is hereby authorized to enter into contracts with ((other)) state agencies or institutions and with qualified private institutions, persons, firms, or corporations for the discovery and salvage of state-owned historic archaeological resources. Such contracts shall include but are not limited to the following terms and conditions:
     (1) Historic shipwrecks:
     (a) The contract shall provide for fair compensation to a salvor. "Fair compensation" means an amount not less than ninety percent of the appraised value of the objects recovered following successful completion of the contract.
     (b) The salvor may retain objects with a value of up to ninety percent of the appraised value of the total objects recovered, or cash, or a combination of objects and cash. In no event may the total of objects and cash exceed ninety percent of the total appraised value of the objects recovered. A salvor shall not be entitled to further compensation from any state sources.
     (c) The contract shall provide that the state will be given first choice of which objects it may wish to retain for display purposes for the people of the state from among all the objects recovered. The state may retain objects with a value of up to ten percent of the appraised value of the total objects recovered. If the state chooses not to retain recovered objects with a value of up to ten percent of the appraised value, the state shall be entitled to receive its share in cash or a combination of recovered objects and cash so long as the state's total share does not exceed ten percent of the appraised value of the objects recovered.
     (d) The contract shall provide that both the state and the salvor shall have the right to select a single appraiser or joint appraisers.
     (e) The contract shall also provide that title to the objects shall pass to the salvor when the permit is issued. However, should the salvor fail to fully perform under the terms of the contract, title to all objects recovered shall revert to the state.
     (2) Historic aircraft:
     (a) The contract shall provide that historic aircraft belonging to the state of Washington may only be recovered if the purpose of that salvage operation is to recover the aircraft for a museum, historical society, nonprofit organization, or governmental entity.
     (b) Title to the aircraft may only be passed by the state to one of the entities listed in (a) of this subsection.
     (c) Compensation to the salvor shall only be derived from the sale or exchange of the aircraft to one of the entities listed in (a) of this subsection or such other compensation as one of the entities listed in (a) of this subsection and the salvor may arrange. The salvor shall not have a claim to compensation from state funds.
     (3) Other historic archaeological resources: The ((director)) preservation officer, in his or her discretion, may negotiate the terms of such contracts.

Sec. 8026   RCW 27.53.120 and 1988 c 124 s 7 are each amended to read as follows:
     The salvor shall agree to mitigate any archaeological damage which occurs during the salvage operation. The ((department)) office shall have access to all property recovered from historic archaeological sites for purposes of scholarly research and photographic documentation for a period to be agreed upon by the parties following completion of the salvage operation. The ((department)) office shall also have the right to publish scientific papers concerning the results of all research conducted as project mitigation.
     The ((director)) preservation officer has the right to refuse to issue a permit for salvaging an historic archaeological resource if that resource would be destroyed beyond mitigation by the proposed salvage operation. Any agency, institution, person, firm, or corporation which has been denied a permit because the resource would be destroyed beyond mitigation by their method of salvage shall have a right of first refusal for that permit at a future date should technology be found which would make salvage possible without destroying the resource. Such right of first refusal shall be in effect for sixty days after the ((director)) preservation officer has determined that salvage can be accomplished by a subsequent applicant without destroying the resource.
     No person, firm, or corporation may conduct such salvage or recovery operation herein described without first obtaining such contract.

Sec. 8027   RCW 27.53.130 and 1995 c 399 s 17 are each amended to read as follows:
     The department, in consultation with the preservation officer, shall publish annually and update as necessary a list of those areas where permits are required to protect historic archaeological sites on aquatic lands.

Sec. 8028   RCW 27.53.140 and 1995 c 399 s 18 are each amended to read as follows:
     The ((department)) office shall have such rule-making authority as is necessary to carry out the provisions of this chapter.

Sec. 8029   RCW 35.100.020 and 2010 c 30 s 2 are each reenacted and amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Community revitalization project" means:
     (a) Health and safety improvements authorized to be publicly financed under chapter 35.80 or 35.81 RCW;
     (b) Publicly owned or leased facilities within the jurisdiction of a local government which the sponsor has authority to provide; and
     (c) Expenditure for any of the following purposes:
     (i) Providing environmental analysis, professional management, planning, and promotion within a downtown or neighborhood commercial district including the management and promotion of retail trade activities in the district;
     (ii) Providing maintenance and security for common or public areas in the downtown or neighborhood commercial district;
     (iii) Historic preservation activities authorized under RCW 35.21.395; or
     (iv) Project design and planning, land acquisition, site preparation, construction, reconstruction, rehabilitation, improvement, operation, and installation of a public facility; the costs of financing, including interest during construction, legal and other professional services, taxes, and insurance; the costs of complying with this chapter and other applicable law; and the administrative costs reasonably necessary and related to these costs.
     (2) "Downtown or neighborhood commercial district" means (a) an area or areas designated by the legislative authority of a city or town with a population over one hundred thousand and that are typically limited to the pedestrian core area or the central commercial district and compact business districts that serve specific neighborhoods within the city or town; or (b) commercial areas designated as main street areas by the ((department)) office of archaeology and historic preservation.
     (3) "Local retail sales and use tax" means the tax levied by a city or town under RCW 82.14.030, excluding that portion which a county is entitled to receive under RCW 82.14.030.
     (4) "Local retail sales and use tax increment revenue" means that portion of the local retail sales and use tax collected in each year upon any retail sale or any use of an article of tangible personal property within a downtown or neighborhood commercial district that is in excess of the amount of local retail sales and use tax collected on sales or uses within the downtown or neighborhood commercial district in the year preceding.

Sec. 8030   RCW 41.06.095 and 2005 c 333 s 9 are each amended to read as follows:
     In addition to the exemptions under RCW 41.06.070, this chapter does not apply in the ((department)) office of archaeology and historic preservation to the ((director, the director's personal secretary, the deputy director, all division directors and assistant directors,)) preservation officer and one confidential secretary for each of these officers.

Sec. 8031   RCW 43.17.010 and 2009 c 565 s 25 are each amended to read as follows:
     There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of fish and wildlife, (6) the department of transportation, (7) the department of licensing, (8) the department of general administration, (9) the department of commerce, (10) the department of veterans affairs, (11) the department of revenue, (12) the department of retirement systems, (13) the department of corrections, (14) the department of health, (15) the department of financial institutions, (16) ((the department of archaeology and historic preservation, (17))) the department of early learning, and (((18))) (17) the Puget Sound partnership, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.

Sec. 8032   RCW 43.17.020 and 2009 c 565 s 26 are each amended to read as follows:
     There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of commerce, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, (14) the secretary of health, (15) the director of financial institutions, (16) ((the director of the department of archaeology and historic preservation, (17))) the director of early learning, and (((18))) (17) the executive director of the Puget Sound partnership.
     Such officers, except the director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.

Sec. 8033   RCW 43.360.010 and 2010 c 30 s 3 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Area" means a geographic area within a local government that is described by a closed perimeter boundary.
     (2) (("Department")) "Office" means the ((department)) office of archaeology and historic preservation.
     (3) (("Director" means the director of the department.
     (4))) "Local government" means a city, code city, or town.
     (4) "Preservation officer" means the state historic preservation officer of the office.
     (5) "Qualified levels of participation" means a local downtown or neighborhood commercial district revitalization program that has been designated by the ((department)) office.

Sec. 8034   RCW 43.360.020 and 2005 c 514 s 909 are each amended to read as follows:
     The Washington main street program is created within the ((department)) office. In order to implement the Washington main street program, the ((department)) office shall:
     (1) Provide technical assistance to businesses, property owners, organizations, and local governments undertaking a comprehensive downtown or neighborhood commercial district revitalization initiative and management strategy. Technical assistance may include, but is not limited to, initial site evaluations and assessments, training for local programs, training for local program staff, site visits and assessments by technical specialists, local program design assistance and evaluation, and continued local program on-site assistance;
     (2) To the extent funds are made available, provide financial assistance to local governments or local organizations to assist in initial downtown or neighborhood commercial district revitalization program start-up costs, specialized training, specific project feasibility studies, market studies, and design assistance;
     (3) Develop objective criteria for selecting recipients of assistance under subsections (1) and (2) of this section, which shall include priority for downtown or neighborhood commercial district revitalization programs located in a rural county as defined in RCW 43.160.020(((12))) (5), and provide for designation of local programs under RCW 43.360.030;
     (4) Operate the Washington main street program in accordance with the plan developed by the ((department, in consultation with the Washington main street advisory committee created under RCW 43.360.040)) office; and
     (5) Consider other factors the department deems necessary for the implementation of this chapter.

Sec. 8035   RCW 43.360.030 and 2005 c 514 s 910 are each amended to read as follows:
     (1) The ((department)) office shall adopt criteria for the designation of local downtown or neighborhood commercial district revitalization programs and official local main street programs. In establishing the criteria, the ((department)) office shall consider:
     (a) The degree of interest and commitment to comprehensive downtown or neighborhood commercial district revitalization and, where applicable, historic preservation by both the public and private sectors;
     (b) The evidence of potential private sector investment in the downtown or neighborhood commercial district;
     (c) Where applicable, a downtown or neighborhood commercial district with sufficient historic fabric to become a foundation for an enhanced community image;
     (d) The capacity of the organization to undertake a comprehensive program and the financial commitment to implement a long-term downtown or neighborhood commercial district revitalization program that includes a commitment to employ a professional program manager and maintain a sufficient operating budget;
     (e) The ((department's)) office's existing downtown revitalization program's tier system;
     (f) The national main street center's criteria for designating official main street cities; and
     (g) Other factors the ((department)) office deems necessary for the designation of a local program.
     (2) The ((department)) office shall designate local downtown or neighborhood commercial district revitalization programs and official local main street programs. The programs shall be limited to three categories of designation, one of which shall be the main street level.
     (3) RCW ((82.73.010)) 43.360.020 does not apply to any local downtown or neighborhood commercial district revitalization program unless the boundaries of the program have been identified and approved by the ((department)) office. The boundaries of a local downtown or neighborhood commercial district revitalization program are typically defined using the pedestrian core of a traditional commercial district.
     (4) The ((department)) office may not designate a local downtown or neighborhood commercial district revitalization program or official local main street program if the program is undertaken by a local government with a population of one hundred ninety thousand persons or more.

Sec. 8036   RCW 68.24.090 and 2009 c 102 s 13 are each amended to read as follows:
     Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, unless and until the dedication is removed from all or any part of it by an order and decree of the superior court of the county in which the property is situated, in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court:
     (1) That no placements of human remains were made in or that all placements of human remains have been removed from that portion of the property from which dedication is sought to be removed.
     (2) That the portion of the property from which dedication is sought to be removed is not being used for placement of human remains.
     (3) That notice of the proposed removal of dedication has been given in writing to both the funeral and cemetery board and the ((department)) office of archaeology and historic preservation. This notice must be given at least sixty days before filing the proceedings in superior court. The notice of the proposed removal of dedication shall be recorded with the auditor or recording officer of the county where the cemetery is located at least sixty days before filing the proceedings in superior court.

Sec. 8037   RCW 68.50.645 and 2008 c 275 s 1 are each amended to read as follows:
     (1) It is the duty of every person who knows of the existence and location of skeletal human remains to notify the coroner and local law enforcement in the most expeditious manner possible, unless such person has good reason to believe that such notice has already been given. Any person knowing of the existence of skeletal human remains and not having good reason to believe that the coroner and local law enforcement has notice thereof and who fails to give notice to the coroner and local law enforcement, is guilty of a misdemeanor.
     (2) Any person engaged in ground disturbing activity and who encounters or discovers skeletal human remains in or on the ground shall:
     (a) Immediately cease any activity which may cause further disturbance;
     (b) Make a reasonable effort to protect the area from further disturbance;
     (c) Report the presence and location of the remains to the coroner and local law enforcement in the most expeditious manner possible; and
     (d) Be held harmless from criminal and civil liability arising under the provisions of this section provided the following criteria are met:
     (i) The finding of the remains was based on inadvertent discovery;
     (ii) The requirements of the subsection are otherwise met; and
     (iii) The person is otherwise in compliance with applicable law.
     (3) The coroner must make a determination of whether the skeletal human remains are forensic or nonforensic within five business days of receiving notification of a finding of such human remains provided that there is sufficient evidence to make such a determination within that time period. The coroner will retain jurisdiction over forensic remains.
     (a) Upon determination that the remains are nonforensic, the coroner must notify the ((department)) office of archaeology and historic preservation within two business days. The ((department)) office will have jurisdiction over such remains until provenance of the remains is established. A determination that remains are nonforensic does not create a presumption of removal or nonremoval.
     (b) Upon receiving notice from a coroner of a finding of nonforensic skeletal human remains, the ((department)) office must notify the appropriate local cemeteries, and all affected Indian tribes via certified mail to the head of the appropriate tribal government, and contact the appropriate tribal cultural resources staff within two business days of the finding. The determination of what are appropriate local cemeteries to be notified is at the discretion of the ((department)) office. A notification to tribes of a finding of such nonforensic skeletal human remains does not create a presumption that the remains are Indian.
     (c) The state physical anthropologist must make an initial determination of whether nonforensic skeletal human remains are Indian or non-Indian to the extent possible based on the remains within two business days of notification of a finding of nonforensic remains. If the remains are determined to be Indian, the ((department)) office must notify all affected Indian tribes via certified mail to the head of the appropriate tribal government within two business days and contact the appropriate tribal cultural resources staff.
     (d) The affected tribes have five business days to respond via telephone or writing to the ((department)) office as to their interest in the remains.
     (4) For the purposes of this section:
     (a) "Affected tribes" are:
     (i) Those federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found;
     (ii) Those federally recognized tribes that submit to the ((department)) office maps that reflect the tribe's geographical area of cultural affiliation; and
     (iii) Other tribes with historical and cultural affiliation in the jurisdiction where the remains were found.
     (b) "Forensic remains" are those that come under the jurisdiction of the coroner pursuant to RCW 68.50.010.
     (c) "Inadvertent discovery" has the same meaning as used in RCW 27.44.040.
     (5) Nothing in this section constitutes, advocates, or otherwise grants, confers, or implies federal or state recognition of those tribes that are not federally recognized pursuant to 25 C.F.R. part 83, procedures for establishing that an American Indian group exists as an Indian tribe.

Sec. 8038   RCW 68.60.030 and 2009 c 102 s 21 are each amended to read as follows:
     (1)(a) The ((department)) office of archaeology and historic preservation may grant by nontransferable certificate authority to maintain and protect an abandoned cemetery upon application made by a preservation organization which has been incorporated for the purpose of restoring, maintaining, and protecting an abandoned cemetery. Such authority shall be limited to the care, maintenance, restoration, protection, and historical preservation of the abandoned cemetery, and shall not include authority to make burials. In order to activate a historical cemetery for burials, an applicant must apply for a certificate of authority to operate a cemetery from the funeral and cemetery board.
     (b) Those preservation and maintenance corporations that are granted authority to maintain and protect an abandoned cemetery shall be entitled to hold and possess burial records, maps, and other historical documents as may exist. Maintenance and preservation corporations that are granted authority to maintain and protect an abandoned cemetery shall not be liable to those claiming burial rights, ancestral ownership, or to any other person or organization alleging to have control by any form of conveyance not previously recorded at the county auditor's office within the county in which the abandoned cemetery exists. Such organizations shall not be liable for any reasonable alterations made during restoration work on memorials, roadways, walkways, features, plantings, or any other detail of the abandoned cemetery.
     (c) Should the maintenance and preservation corporation be dissolved, the ((department)) office of archaeology and historic preservation shall revoke the certificate of authority.
     (d) Maintenance and preservation corporations that are granted authority to maintain and protect an abandoned cemetery may establish care funds.
     (2) Except as provided in subsection (1) of this section, the ((department)) office of archaeology and historic preservation may, in its sole discretion, authorize any Washington nonprofit corporation that is not expressly incorporated for the purpose of restoring, maintaining, and protecting an abandoned cemetery, to restore, maintain, and protect one or more abandoned cemeteries. The authorization may include the right of access to any burial records, maps, and other historical documents, but shall not include the right to be the permanent custodian of original records, maps, or documents. This authorization shall be granted by a nontransferable certificate of authority. Any nonprofit corporation authorized and acting under this subsection is immune from liability to the same extent as if it were a preservation organization holding a certificate of authority under subsection (1) of this section.
     (3) The ((department)) office of archaeology and historic preservation shall establish standards and guidelines for granting certificates of authority under subsections (1) and (2) of this section to assure that any restoration, maintenance, and protection activities authorized under this subsection are conducted and supervised in an appropriate manner.

Sec. 8039   RCW 68.60.050 and 2009 c 102 s 22 are each amended to read as follows:
     (1) Any person who knowingly removes, mutilates, defaces, injures, or destroys any historic grave shall be guilty of a class C felony punishable under chapter 9A.20 RCW. Persons disturbing historic graves through inadvertence, including disturbance through construction, shall reinter the human remains under the supervision of the ((department)) office of archaeology and historic preservation. Expenses to reinter such human remains are to be provided by the ((department)) office of archaeology and historic preservation to the extent that funds for this purpose are appropriated by the legislature.
     (2) This section does not apply to actions taken in the performance of official law enforcement duties.
     (3) It shall be a complete defense in a prosecution under subsection (1) of this section if the defendant can prove by a preponderance of evidence that the alleged acts were accidental or inadvertent and that reasonable efforts were made to preserve the remains accidentally disturbed or discovered, and that the accidental discovery or disturbance was properly reported.

Sec. 8040   RCW 68.60.055 and 2008 c 275 s 3 are each amended to read as follows:
     (1) Any person who discovers skeletal human remains shall notify the coroner and local law enforcement in the most expeditious manner possible. Any person knowing of the existence of skeletal human remains and not having good reason to believe that the coroner and local law enforcement has notice thereof and who fails to give notice thereof is guilty of a misdemeanor.
     (2) Any person engaged in ground disturbing activity and who encounters or discovers skeletal human remains in or on the ground shall:
     (a) Immediately cease any activity which may cause further disturbance;
     (b) Make a reasonable effort to protect the area from further disturbance;
     (c) Report the presence and location of the remains to the coroner and local law enforcement in the most expeditious manner possible; and
     (d) Be held harmless from criminal and civil liability arising under the provisions of this section provided the following criteria are met:
     (i) The finding of the remains was based on inadvertent discovery;
     (ii) The requirements of the subsection are otherwise met; and
     (iii) The person is otherwise in compliance with applicable law.
     (3) The coroner must make a determination whether the skeletal human remains are forensic or nonforensic within five business days of receiving notification of a finding of such remains provided that there is sufficient evidence to make such a determination within that time period. The coroner will retain jurisdiction over forensic remains.
     (a) Upon determination that the remains are nonforensic, the coroner must notify the ((department)) office of archaeology and historic preservation within two business days. The ((department)) office will have jurisdiction over such remains until provenance of the remains is established. A determination that remains are nonforensic does not create a presumption of removal or nonremoval.
     (b) Upon receiving notice from a coroner of a finding of nonforensic skeletal human remains, the ((department)) office must notify the appropriate local cemeteries, and all affected Indian tribes via certified mail to the head of the appropriate tribal government, and contact the appropriate tribal cultural resources staff within two business days of the finding. The determination of what are appropriate local cemeteries to be notified is at the discretion of the ((department)) office. A notification to tribes of a finding of such nonforensic skeletal human remains does not create a presumption that the remains are Indian.
     (c) The state physical anthropologist must make an initial determination of whether nonforensic skeletal human remains are Indian or non-Indian to the extent possible based on the remains within two business days of notification of a finding of such nonforensic remains. If the remains are determined to be Indian, the ((department)) office must notify all affected Indian tribes via certified mail to the head of the appropriate tribal government within two business days and contact the appropriate tribal cultural resources staff.
     (d) The affected tribes have five business days to respond via telephone or writing to the ((department)) office as to their interest in the remains.
     (4) For the purposes of this section:
     (a) "Affected tribes" are:
     (i) Those federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found;
     (ii) Those federally recognized tribes that submit to the ((department)) office maps that reflect the tribe's geographical area of cultural affiliation; and
     (iii) Other tribes with historical and cultural affiliation in the jurisdiction where the remains were found.
     (b) "Forensic remains" are those that come under the jurisdiction of the coroner pursuant to RCW 68.50.010.
     (c) "Inadvertent discovery" has the same meaning as used in RCW 27.44.040.
     (5) Nothing in this section constitutes, advocates, or otherwise grants, confers, or implies federal or state recognition of those tribes that are not federally recognized pursuant to 25 C.F.R. part 83, procedures for establishing that an American Indian group exists as an Indian tribe.

Sec. 8041   RCW 68.60.060 and 2009 c 102 s 23 are each amended to read as follows:
     Any person who violates any provision of this chapter is liable in a civil action by and in the name of the ((department)) office of archaeology and historic preservation to pay all damages occasioned by their unlawful acts. The sum recovered shall be applied in payment for the repair and restoration of the property injured or destroyed and to the care fund if one is established.

Sec. 8042   RCW 82.73.010 and 2010 c 30 s 4 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Applicant" means a person applying for a tax credit under this chapter.
     (2) "Contribution" means cash contributions.
     (3) "Department" means the department of revenue.
     (4) "Main street trust fund" means the Washington main street trust fund account under RCW 43.360.050.
     (5) "Person" has the meaning given in RCW 82.04.030.
     (6) "Program" means a nonprofit organization under internal revenue code sections 501(c)(3) or 501(c)(6), with the sole mission of revitalizing a downtown or neighborhood commercial district area, that is designated by the ((department)) office of archaeology and historic preservation as described in RCW 43.360.010 through 43.360.050.

Sec. 8043   RCW 82.73.050 and 2010 c 30 s 5 are each amended to read as follows:
     The ((department)) office of archaeology and historic preservation shall provide information to the department to administer this chapter, including a list of designated programs that shall be updated as necessary.

Sec. 8044   RCW 88.02.660 and 2010 c 161 s 1031 are each amended to read as follows:
     (1) The maritime historic restoration and preservation account is created in the custody of the state treasurer. All receipts from the voluntary donations made simultaneously with the registration of vessels under this chapter must be deposited into this account. These deposits are not public funds and are not subject to allotment procedures under chapter 43.88 RCW.
     (2) At the end of each fiscal year, the state treasurer shall pay from this account to the department of natural resources an amount equal to the reasonable administrative expenses of ((that agency)) the office of archaeology and historic preservation for that fiscal year for collecting the voluntary donations and transmitting them to the state treasurer and shall pay to the state treasurer an amount equal to the reasonable administrative expenses of that agency for that fiscal year for maintaining the account and disbursing funds from the account.
     (3) At the end of each fiscal year, the state treasurer shall pay one-half of the balance of the funds in the account after payment of the administrative costs provided in subsection (2) of this section, to the Grays Harbor historical seaport or its corporate successor and the remainder to the Steamer Virginia V foundation or its corporate successor.
     (4) If either the Grays Harbor historical seaport and its corporate successors or the Steamer Virginia V foundation and its corporate successors legally ceases to exist, the state treasurer shall, at the end of each fiscal year, pay the balance of the funds in the account to the remaining organization.
     (5) If both the Grays Harbor historical seaport and its corporate successors and the Steamer Virginia V foundation and its corporate successors legally cease to exist, the ((department)) office of archaeology and historic preservation shall discontinue the collection of the voluntary donations in conjunction with the registration of vessels under RCW 88.02.580, and the balance of the funds in the account escheat to the state. If funds in the account escheat to the state, one-half of the fund balance must be provided to the ((department)) office of archaeology and historic preservation, and the remainder must be deposited into the parks renewal and stewardship account.
     (6) The secretary of state, the directors of the state historical societies, the ((director)) preservation officer of the ((department)) office of archaeology and historic preservation within the department of ((commerce)) natural resources, and two members representing the recreational boating community appointed by the secretary of state((,)) shall review the success of the voluntary donation program for maritime historic restoration and preservation established under RCW 88.02.580.

Sec. 8045   RCW 90.48.366 and 2007 c 347 s 1 are each amended to read as follows:
     The department, in consultation with the departments of fish and wildlife and natural resources, and the parks and recreation commission, shall adopt rules establishing a compensation schedule for the discharge of oil in violation of this chapter and chapter 90.56 RCW. The amount of compensation assessed under this schedule shall be no less than one dollar per gallon of oil spilled and no greater than one hundred dollars per gallon of oil spilled. The compensation schedule shall reflect adequate compensation for unquantifiable damages or for damages not quantifiable at reasonable cost for any adverse environmental, recreational, aesthetic, or other effects caused by the spill and shall take into account:
     (1) Characteristics of any oil spilled, such as toxicity, dispersibility, solubility, and persistence, that may affect the severity of the effects on the receiving environment, living organisms, and recreational and aesthetic resources;
     (2) The sensitivity of the affected area as determined by such factors as: (a) The location of the spill; (b) habitat and living resource sensitivity; (c) seasonal distribution or sensitivity of living resources; (d) areas of recreational use or aesthetic importance; (e) the proximity of the spill to important habitats for birds, aquatic mammals, fish, or to species listed as threatened or endangered under state or federal law; (f) significant archaeological resources as determined by the ((department)) office of archaeology and historic preservation; and (g) other areas of special ecological or recreational importance, as determined by the department; and
     (3) Actions taken by the party who spilled oil or any party liable for the spill that: (a) Demonstrate a recognition and affirmative acceptance of responsibility for the spill, such as the immediate removal of oil and the amount of oil removed from the environment; or (b) enhance or impede the detection of the spill, the determination of the quantity of oil spilled, or the extent of damage, including the unauthorized removal of evidence such as injured fish or wildlife.

NEW SECTION.  Sec. 8046   (1) The department of archaeology and historic preservation is hereby abolished and its powers, duties, and functions are hereby transferred to the office of archaeology and historic preservation within the department of natural resources. All references to the director or the department of archaeology and historic preservation in the Revised Code of Washington shall be construed to mean the director or the department of natural resources.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of archaeology and historic preservation shall be delivered to the custody of the department of natural resources. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of archaeology and historic preservation shall be made available to the department of natural resources. All funds, credits, or other assets held by the department of archaeology and historic preservation shall be assigned to the department of natural resources for use by the office of archaeology and historic preservation.
     (b) Any appropriations made to the department of archaeology and historic preservation shall, on the effective date of this section, be transferred and credited to the department of natural resources.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All employees of the department of archaeology and historic preservation are transferred to the jurisdiction of the department of natural resources. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of natural resources to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the department of archaeology and historic preservation shall be continued and acted upon by the department of natural resources. All existing contracts and obligations shall remain in full force and shall be performed by the department of natural resources.
     (5) The transfer of the powers, duties, functions, and personnel of the department of archaeology and historic preservation shall not affect the validity of any act performed before the effective date of this section.
     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (7) All classified employees of the department of archaeology and historic preservation assigned to the department of natural resources under this section whose positions are within an existing bargaining unit description at the department of natural resources shall become a part of the existing bargaining unit at the department of natural resources and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions.

NEW SECTION.  Sec. 8047   The following acts or parts of acts are each repealed:
     (1) RCW 43.334.030 (Director powers and duties) and 2005 c 333 s 3;
     (2) RCW 43.334.040 (Departmental divisions) and 2005 c 333 s 4;
     (3) RCW 43.334.050 (Deputy director--Department personnel director--Assistant directors) and 2005 c 333 s 5; and
     (4) RCW 43.334.900 (Transfer of powers, duties, and functions) and 2005 c 333 s 12.

NEW SECTION.  Sec. 8048   On the effective date of this section, the commissioner of public lands and the director of the department of archaeology and historic preservation must each designate one executive-level representative to serve on a consolidation transition team. This team must, with the assistance of their agencies, develop the following work products:
     (1) A consolidation transition team report, to be submitted to the office of financial management and the legislature by August 1, 2011. This report must, at a minimum, detail all legislative and fiscal changes necessary for the successful implementation of this consolidation and identify expected costs and savings associated with the consolidation.
     (2) A supplemental budget request, if necessary, for consideration during the 2012 legislative session. This request must encompass any necessary budgetary and legislative changes for the agencies affected by this consolidation, and be submitted to the office of financial management by September 1, 2011.
     (3) A second consolidation transition team report, to be submitted to the commissioner of public lands by July 1, 2012. This report must, at a minimum, detail all additional legislative and fiscal changes necessary for the successful implementation of this agency consolidation and identify expected costs and savings associated with the consolidation.

NEW SECTION.  Sec. 8049   The consolidation directed pursuant to sections 8001 through 8048 of this act takes effect July 1, 2012.

NEW SECTION.  Sec. 8050   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 July 1, 2011.