HOUSE BILL REPORT

ESSB 6412

BYSenate Committee on Environment & Natural Resources (originally sponsored by Senators McDonald, Vognild, Bluechel, Nelson, Warnke, Rinehart, Gaspard, Bailey, Lee, Patrick, Bender, McMullen, Talmadge, Murray, Williams, Bauer, DeJarnatt, Stratton, Metcalf, Conner, Madsen and Kreidler; by request of Governor)

Funding the acquisition of land for wildlife conservation and outdoor recreation.

House Committe on Natural Resources & Parks

Majority Report:  Do pass as amended.  (9)

      Signed by Representatives Belcher, Chair; K. Wilson, Vice Chair; Beck, Ranking Republican Member; Brumsickle, Dellwo, Ferguson, Hargrove, H. Myers and Raiter.

Minority Report:  Do not pass.  (1)

      Signed by Representative Fuhrman.

House Staff:Bill Koss (786-7129)

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES & PARKS

FEBRUARY 20, 1990

BACKGROUND:

The 1989 Legislature directed the Interagency Committee for Outdoor Recreation to conduct a statewide needs assessment and action plan for land acquisition for long-term outdoor recreation, wildlife, and conservation purposes.  The report, prepared by the Washington Wildlife and Recreation Coalition under contract to the IAC, found a substantial deficiency of funding for both existing and projected demand for outdoor recreation opportunities and wildlife habitat protection.  It found that 84 percent of Washington residents regularly participate in some form of wildlife recreation.  The popularity of outdoor recreation activities has led to overcrowding at many facilities.  For example, the demand for trails is projected to grow by more than 35 percent over the next decade, twice the population growth rate.  Although water-based recreation is very popular, less than 17 percent of the state's saltwater shoreline is available for public use.

The report also found a decline in natural areas available for wildlife habitat and outdoor recreation.  It found that more than 90 percent of the state's coastal wetlands and old growth forests are gone, that most of Eastern Washington's native grasslands and shrub-steppe habitats have been lost, and that critical habitat for fish and shellfish is being lost as waterfront property is developed.

The funding level for acquisition programs has also declined.  The total funding for state park and wildlife habitat acquisition programs during the past decade totalled just $18 million. Federal grants to Washington for state agency and local government outdoor recreation projects through the Land and Water Conservation Fund have also declined from a peak of $6.3 million in 1979 to $320,000 in 1989.  Although several state bond issues provided significant funding during the 1960s and 1970s, the last state bond measure for these purposes was $3.2 million in 1985.

SUMMARY:

BILL AS AMENDED:

Habitat Conservation Account.  The habitat conservation account is created in the state treasury, to be administered by the Interagency Committee for Outdoor Recreation (IAC).  Moneys appropriated to the account are to be distributed for acquisition and development projects as follows:  (1) not less than 35 percent for critical habitat; (2) not less than 20 percent for natural areas; (3) not less than 15 percent for urban wildlife habitat; and (4) the remainder for high priority projects meeting the criteria of the other three categories.  Only state agencies may apply for critical habitat and natural area project grants, while both state and local agencies may apply for funds for urban wildlife habitat projects.  Criteria are specified for consideration by the IAC for determining acquisition priorities for critical habitat and natural areas proposals, and for wildlife habitat proposals.

Outdoor Recreation Account.  Moneys appropriated for the purposes of this bill to the outdoor recreation account are to be distributed as follows:  (1) not less than 25 percent for state parks, with at least 75 percent of this amount for acquisition; (2) not less than 25 percent for local parks, with at least 50 percent of this amount for acquisition; (3) not less than 15 percent for trails; (4) not less than 10 percent for water access sites, with at least 75 percent of this amount for acquisition; and (5) the remainder for high priority projects for parks, trails and water access sites.  Both state and local agencies may apply for project funding for trails and water access sites.  Criteria are specified for consideration by the IAC for determining acquisition and development priorities for trails proposals.

Requirements Applicable to Both Accounts.  A local agency must commit a share at least equal to the amount awarded by the IAC.  The percentage allocations for distributions from the accounts need not be met in any one biennium.

For each account, the IAC shall annually recommend to the governor two prioritized lists of projects for funding:  (1) state agency proposals; and (2) local agency proposals.  In prioritizing projects, IAC shall consider community support.  The governor may remove projects from the list, and shall submit the amended list in the capital budget request to the Legislature.  If the governor removes a project, IAC shall submit a replacement project.  The Legislature may remove projects from the list, but may not add projects.  The IAC may not obligate funds from the accounts before the Legislature appropriates funds for a specific project list.  The grant moneys may not be used for condemnation.

The IAC project list shall describe any anticipated restrictions on recreational activities allowed prior to the project.  Projects funded are to be accessible to the public on a nondiscriminatory basis.  Projects may be funded from both accounts or several of the categories under such accounts.

Appropriations.  Any money appropriated will be divided equally between the two accounts.  A total of $62 million, $31 million is appropriated from each account, for the current biennium.  The appropriations will be expended for projects recommended by the IAC to the governor by March 31, 1990, who must approve a list of projects by April 15, 1990.  Up to $5 million may be expended from each account for emergency acquisition of threatened or newly available properties.

An emergency clause is included.

AMENDED BILL COMPARED TO ENGROSSED SUBSTITUTE:  A requirement that the IAC consider community support in establishing project priorities is added.

Amending language specifies that the project application must identify any possible future restrictions on land use.

If the governor deletes a project from the list recommended by IAC, the IAC shall submit a replacement project.

An emergency clause is added.

Fiscal Note:      Available.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    Russ Cahill, Wildlife and Recreation Coalition; John Day, citizen; and Dave Roberts, Washington Public Ports Association.

House Committee - Testified Against:      Ken Braget, citizen.

House Committee - Testimony For:    The Coalition likes the language, in part because it does not contain language requiring approval of the local government for any project in its jurisdiction.  The application process permits three opportunities for local concerns to be expressed and projects dropped from consideration.

The funds could be used to purchase critical habitat in the Skagit River area.

House Committee - Testimony Against:      The bill should be amended to ensure that property owners obtain the fair market value for their property, not a value based on incorporating use restrictions.