SENATE BILL REPORT

SB 5867

BYSenators Talmadge, Kreidler, Owen and Conner

Providing for the restoration of damage to natural resources.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 28, 1989

Majority Report:  That Substitute Senate Bill No. 5867 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Kreidler, Owen, Sutherland.

Senate Staff:Barry Brandon (786-7717)

                  March 2, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 28, 1989

BACKGROUND:

The state of Washington possesses an abundance of natural resources which contribute significantly to its beauty, unique recreational opportunities and economic health.  The state Legislature has created various laws to protect these natural resources, including the assessment of monetary fines and penalties against those who damage a resource.

SUMMARY:

The natural resources restoration account is established in the state treasury.  The account includes all damages and fines awarded to or received by the state for compensation of damages or destruction to natural resources administered by the state or any funds appropriated by the Legislature. 

The State Treasurer is to maintain an accounting of funds deposited into the account on a county-by-county basis.  State agencies which collect funds are directed to assist the Treasurer in maintaining an accounting of funds.

Disbursement of restoration funds will be made by a natural resources restoration committee which is comprised of the Director of the Department of Ecology, the Commissioner of Public Lands, the Director of the Department of Fisheries, the Director of the Department of Wildlife and the Director of the Parks and Recreation Commission, or their designees.  The committee will choose a chairman and the Department of Ecology will provide necessary administrative support.

The committee will be guided by the following criteria:  (1) expend funds to restore natural resources within the same county in which an environmental contamination incident occurred which led to the deposit of funds to the account.  If the natural resource is not capable of restoration, the committee may approve a project to enhance equivalent natural resources within the same county.  (2) Grant preference will be given to nonprofit, tax exempt organizations whose primary purpose is undertaking natural resource restoration or enhancement.  The committee will adopt matching requirements not exceeding 50 percent, which a qualified organization may satisfy through a combination of labor, materials and financial resources.  (3) Not less than 25 percent of the funds distributed each year shall be awarded to organizations described above in Section 2. 

The committee will require from the recipient of funds periodic reports to account for expenditures and a report upon completion of the project regarding its success and restoration or enhancement.

The committee shall provide a report to the appropriate standing committee of the Legislature on or before September 30 of each odd-numbered year.  The report will describe projects funded during the previous biennium and the progress of projects as well as other projects funded in previous biennia.

An unspecified amount from the natural resource restoration account to the Department of Ecology is appropriated for the purpose of this account.

EFFECT OF PROPOSED SUBSTITUTE:

Funds collected for the purpose of compensating for damage or destruction of natural resources, under Titles 75 and 77 RCW, are exempt from the natural resource restoration account.

Appropriation:    unspecified

Revenue:    none

Fiscal Note:      requested February 22, 1989

Senate Committee - Testified: Senator Phil Talmadge (pro); Ed Manary, Department of Fisheries (con); Barry Jenkins, Trout Unlimited (pro)