BILL REQ. #:  H-1479.1 

Read first time 02/18/13.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to watershed planning grants; and amending RCW 90.82.040.

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

Sec. 1   RCW 90.82.040 and 2003 1st sp.s. c 4 s 2 are each amended to read as follows:
     (1) Once a WRIA planning unit has been initiated under RCW 90.82.060 and a lead agency has been designated, it shall notify the department and may apply to the department for funding assistance for conducting the planning and implementation. Funds shall be provided from and to the extent of appropriations made by the legislature to the department expressly for this purpose.
     (2)(a) Each planning unit that has complied with subsection (1) of this section is eligible to receive watershed planning grants in the following amounts for the first three phases of watershed planning and phase four watershed plan implementation:
     (i) Initiating governments may apply for an initial organizing grant of up to fifty thousand dollars for a single WRIA or up to seventy-five thousand dollars for a multi-WRIA management area in accordance with RCW 90.82.060(4);
     (ii)(A) A planning unit may apply for up to two hundred thousand dollars for each WRIA in the management area for conducting watershed assessments in accordance with RCW 90.82.070, except that a planning unit that chooses to conduct a detailed assessment or studies under (a)(ii)(B) of this subsection or whose initiating governments choose or have chosen to include an instream flow or water quality component in accordance with RCW 90.82.080 or 90.82.090 may apply for up to one hundred thousand additional dollars for each instream flow and up to one hundred thousand additional dollars for each water quality component included for each WRIA to conduct an assessment on that optional component and for each WRIA in which the assessments or studies under (a)(ii)(B) of this subsection are conducted.
     (B) A planning unit may elect to apply for up to one hundred thousand additional dollars to conduct a detailed assessment of multipurpose water storage opportunities or for studies of specific multipurpose storage projects which opportunities or projects are consistent with and support the other elements of the planning unit's watershed plan developed under this chapter; and
     (iii) A planning unit may apply for up to two hundred fifty thousand dollars for each WRIA in the management area for developing a watershed plan and making recommendations for actions by local, state, and federal agencies, tribes, private property owners, private organizations, and individual citizens, including a recommended list of strategies and projects that would further the purpose of the plan in accordance with RCW 90.82.060 through 90.82.100.
     (b) A planning unit may request a different amount for phase two or phase three of watershed planning than is specified in (a) of this subsection, provided that the total amount of funds awarded do not exceed the maximum amount the planning unit is eligible for under (a) of this subsection. The department shall approve such an alternative allocation of funds if the planning unit identifies how the proposed alternative will meet the goals of this chapter and provides a proposed timeline for the completion of planning. However, the up to one hundred thousand additional dollars in funding for instream flow and water quality components and for water storage assessments or studies that a planning unit may apply for under (a)(ii)(A) of this subsection may be used only for those instream flow, water quality, and water storage purposes.
     (c) By December 1, 2001, or within one year of initiating phase one of watershed planning, whichever occurs later, the initiating governments for each planning unit must inform the department whether they intend to have the planning unit establish or amend instream flows as part of its planning process. If they elect to have the planning unit establish or amend instream flows, the planning unit is eligible to receive one hundred thousand dollars for that purpose in accordance with (a)(ii) of this subsection. If the initiating governments for a planning unit elect not to establish or amend instream flows as part of the unit's planning process, the department shall retain one hundred thousand dollars to carry out an assessment to support establishment of instream flows and to establish such flows in accordance with RCW 90.54.020(3)(a) and chapter 90.22 RCW. The department shall not use these funds to amend an existing instream flow unless requested to do so by the initiating governments for a planning unit.
     (d) In administering funds appropriated for supplemental funding for optional plan components under (a)(ii) of this subsection, the department shall give priority in granting the available funds to proposals for setting or amending instream flows.
     (e)(i) A ((planning unit)) lead agency may apply for a matching grant for phase four watershed plan implementation following approval under the provisions of RCW 90.82.130. ((A match of ten percent is required and)) For the first five years of a phase four grant, a ten percent funding match is required, which may include financial contributions or in-kind goods and services directly related to coordination, plan, or project implementation and oversight functions. The match can be provided by the ((planning unit)) lead agency, members of the plan implementation group, or by the combined commitments from federal agencies, tribal governments, local governments, special districts, or other local organizations. The phase four grant may be up to one hundred thousand dollars for each planning unit for each of the first three years of implementation. At the end of the three-year period, ((a two-year)) extensions may be available for up to fifty thousand dollars each year, subject to legislative appropriation. For planning units that cover more than one WRIA, additional matching funds of up to twenty-five thousand dollars may be available for each additional WRIA per year for the first three years of implementation, and up to twelve thousand five hundred dollars per WRIA per year ((for each of the fourth and fifth years)) thereafter.
     (ii) At the end of the initial five-year period, grants of up to fifty thousand dollars may be made available consistent with this section for lead agencies and plan implementation groups that commit to a review every five years, beginning in year six, of the adopted watershed plan and the detailed implementation plan to ensure that the highest priority water resource management issues in the watersheds are being addressed by all plan implementation partners, including the identification of a ranked ordering of water supply innovations and projects designed to address the basin's highest priority water management issues. A funding match is not required for grants after the fifth year.
     (3)(a) The department shall use the eligibility criteria in this subsection (3) instead of rules, policies, or guidelines when evaluating grant applications at each stage of the grants program.
     (b) In reviewing grant applications under this subsection (3), the department shall evaluate whether:
     (i) The planning unit meets all of the requirements of this chapter;
     (ii) The application demonstrates a need for state planning funds to accomplish the objectives of the planning process; and
     (iii) The application and supporting information evidences a readiness to proceed.
     (c) In ranking grant applications submitted at each stage of the grants program, the department shall give preference to applications in the following order of priority:
     (i) Applications from existing planning groups that have been in existence for at least one year;
     (ii) Applications that, if not funded, would result in the dissolution of a planning unit that has been meeting regularly and pursuing the goals of subsection (2) of this section;
     (iii) Applications that address protection and enhancement of fish habitat in watersheds that have aquatic fish species listed or proposed to be listed as endangered or threatened under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq. and for which there is evidence of an inability to supply adequate water for population and economic growth from:
     (A) First, multi-WRIA planning; and
     (B) Second, single WRIA planning;
     (((iii))) (iv) Applications that address protection and enhancement of fish habitat in watersheds or for which there is evidence of an inability to supply adequate water for population and economic growth from:
     (A) First, multi-WRIA planning; and
     (B) Second, single WRIA planning.
     (d) Except for phase four watershed plan implementation, the department may not impose any local matching fund requirement as a condition for grant eligibility or as a preference for receiving a grant.
     (4) The department may retain up to one percent of funds allocated under this section to defray administrative costs.
     (5) Planning under this chapter should be completed as expeditiously as possible, with the focus being on local stakeholders cooperating to meet local needs.
     (6) Funding provided under this section shall be considered a contractual obligation against the moneys appropriated for this purpose.