ByHouse Agriculture and Natural Resources (originally sponsored by Representatives Waters, Chapman, Timmons, Harris, and Reeves)

AN ACT Relating to the creation of an adopt a fish barrier program; amending RCW 47.40.105; adding a new section to chapter 77.95 RCW; and creating a new section.

NEW SECTION. Sec. 1. The legislature finds that fish barriers are a serious impediment to salmon and steelhead recovery. The legislature further finds that the state has limited financial resources to address its many challenges and that community members and businesses may want to offer their help in partnership with the state for the removal of fish barriers that are on lands owned by local governments. The legislature also finds that it is desirable to coordinate any such private donations with existing fish barrier removal projects on lands owned by local governments.

Therefore, the legislature intends to facilitate the removal of fish barriers on lands owned by local governments by creating the adopt a fish passage program through which local governments may receive such donations and to acknowledge project donors through appropriate public signage.

(1) Every county, city, and town may accept any money or property donated, devised, or bequeathed to it that is donated for the purpose of fish barrier removal. Local governments may determine the value of any property donated, devised, or bequeathed for the purpose of recognizing fish barrier removal donations in this section.

(2) Subject to subsection (3) of this section, and upon completion of the related project, counties, cities, and towns receiving donations for removing a fish barrier must install a clearly marked sign that acknowledges the individual donors and that is consistent with the requirements of RCW 47.40.105.

(3) Signs installed under subsection (2) of this section must be of a uniform design approved by the recreation and conservation office and may only include the words "adopt a fish passage," the names of project donors, and the species of fish affected by the project. Signage is also subject to the following limitations:

(c) To the extent that local governments determine that the number of donors for individual projects would interfere with the signage requirements of subsection (2) of this section or the requirements of RCW 47.40.105, local governments may determine the number of donors listed on signs but must endeavor to recognize the donors that provide the largest donations.

(d) Local governments receiving private donations under this section must only install signage pursuant to this section for individual donations that are equal in value to at least $10,000.

(e) Notwithstanding other provisions of this subsection, a donor is not eligible to have their name displayed on the sign if the applicant's name: (i) Endorses or opposes a particular candidate for public office; (ii) advocates a position on a specific political issue, initiative, referendum, or piece of legislation; (iii) includes a reference to a political party; or (iv) includes a reference to anything that may be considered or construed to be obscene or offensive to the general public.

(4) To the extent feasible and with the goal of expediting fish barrier removals, counties, cities, and towns receiving donations under this section must coordinate donations with any grant applications made for state grant funding for fish barrier removal pursuant to RCW 77.95.170. The recreation and conservation office must publish and maintain a list of fish barrier removal projects that are suited to receiving private donations pursuant to this section. Donations received under this section are eligible for use as match for other funding sources, including state and federal grants.

(5) Upon completion of a project funded with private donations pursuant to this section, the local government that owns the completed project must notify the recreation and conservation office. Upon receiving such a notification, the recreation and conservation office must gather information regarding the project sponsors, location, fish species affected, and the amounts of individual donations that supported the project. The recreation and conservation office must publish and maintain this information with the project list under subsection (4) of this section.

(6) For each individual donation equal to at least $100,000 in value pursuant to this section, the recreation and conservation office must provide to the donor a recognition plaque that meets the following criteria: (a) The plaque must be signed by the governor; and (b) the plaque must include the name of the donor, the words "adopt a fish passage program," the location and name of the project funded, the amount and year of the donation, and the fish species affected.

Local government legislative authorities may enact local "adopt-a-highway sign" and "adopt a fish passage" programs which are not inconsistent with state or federal law.