AN ACT Relating to the financing of flood control projects; and amending RCW 86.26.040, 86.26.050, 86.26.060, 86.26.070, 86.26.090, 86.26.100, and 86.26.105.

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

Sec. 1. Section 6, chapter 240, Laws of 1951 as last amended by section 63, chapter 36, Laws of 1988 and RCW 86.26.040 are each amended to read as follows:

Whenever state grants under this chapter are used in a flood control ((~~maintenance~~)) project, the engineer of the county within which the project is located shall approve all plans for the specific project and shall supervise the work. The approval of such plans, construction and expenditures by the department of ecology, in consultation with the department of fisheries and the department of wildlife, shall be a condition precedent to state participation in the cost of any project beyond planning and designing the specific project.

Additionally, state grants may be made to counties for preparation of a comprehensive flood control management plan required to be prepared under RCW 86.26.050.

Sec. 2. Section 7, chapter 240, Laws of 1951 as last amended by section 64, chapter 36, Laws of 1988 and RCW 86.26.050 are each amended to read as follows:

(1) State participation shall be in such preparation of comprehensive flood control management plans and flood control ((~~maintenance~~)) projects as are affected with a general public and state interest, as differentiated from a private interest, and as are likely to bring about public benefits commensurate with the amount of state funds allocated thereto.

(2) No participation for flood control ((~~maintenance~~)) projects may occur with a county or other municipal corporation unless the director of ecology has approved the flood plain management activities of the county, city, or town having planning jurisdiction over the area where the flood control ((~~maintenance~~)) project will be, on the one hundred year flood plain surrounding such area.

The department of ecology shall adopt rules concerning the flood plain management activities of a county, city, or town that are adequate to protect or preclude flood damage to structures, works, and improvements, including the restriction of land uses within a river's meander belt or floodway to only flood-compatible uses. Whenever the department has approved county, city, and town flood plain management activities, as a condition of receiving an allocation of funds under this chapter, each revision to the flood plain management activities must be approved by the department of ecology, in consultation with the department of fisheries and the department of wildlife.

No participation with a county or other municipal corporation for flood control ((~~maintenance~~)) projects may occur unless the county engineer of the county within which the flood control ((~~maintenance~~)) project is located certifies that a comprehensive flood control management plan has been completed and adopted by the appropriate local authority, or is being prepared for all portions of the river basin or other area, within which the project is located in that county, that are subject to flooding with a frequency of one hundred years or less.

(3) Participation for flood control ((~~maintenance~~)) projects and preparation of comprehensive flood control management plans shall be made from grants made by the department of ecology from the flood control assistance account. Comprehensive flood control management plans, and any revisions to the plans, must be approved by the department of ecology, in consultation with the department of fisheries and the department of wildlife.

Sec. 3. Section 8, chapter 240, Laws of 1951 as amended by section 5, chapter 212, Laws of 1984 and RCW 86.26.060 are each amended to read as follows:

Grants for flood control ((~~maintenance~~)) projects shall be so employed that as far as possible, funds will be on hand to meet unusual, unforeseeable and emergent flood conditions. Allocations by the department of ecology, for emergency purposes, shall in each instance be in amounts which together with funds provided by local authority, if any, under reasonable exercise of its emergency powers, shall be adequate for the preservation of life and property, and with due regard to similar needs elsewhere in the state.

Sec. 4. Section 9, chapter 240, Laws of 1951 and RCW 86.26.070 are each amended to read as follows:

Any municipal corporation subject to flood conditions, may establish in its treasury a flood control ((~~maintenance~~)) fund. Such fund may be maintained by transfer thereto of moneys derived from regular or special lawful levies for flood control purposes, moneys which may be lawfully transferred to it from any other municipal fund; and gifts and contributions received for flood control purposes. All costs and expenses for flood control ((~~maintenance~~)) purposes shall be paid out of said flood control ((~~maintenance~~)) fund, which fund shall not be used for any other purpose.

Sec. 5. Section 11, chapter 240, Laws of 1951 as amended by section 7, chapter 212, Laws of 1984 and RCW 86.26.090 are each amended to read as follows:

The state shall participate with eligible local authorities in maintaining and restoring the normal and reasonably stable river and stream channel alignment and the normal and reasonably stable river and stream channel capacity for carrying off flood waters with a minimum of damage from bank erosion or overflow of adjacent lands and property; and in restoring, constructing, maintaining, and repairing natural conditions, works, and structures for the maintenance of such conditions. The state shall likewise participate in the restoration and maintenance of natural conditions, and the restoration, maintenance, and construction of works or structures for the protection of lands and other property from inundation or other damage by the sea or other bodies of water. Funds from the flood control assistance account shall not be available for maintenance or construction of works or structures ((~~maintained~~)) used solely for the detention or storage of flood waters.

Sec. 6. Section 12, chapter 240, Laws of 1951 as last amended by section 4, chapter 46, Laws of 1986 and RCW 86.26.100 are each amended to read as follows:

State participation in the cost of any flood control ((~~maintenance~~)) project shall be provided for by a written memorandum agreement between the director of ecology and the legislative authority of the county submitting the request, which agreement, among other things, shall state the estimated cost and the percentage thereof to be borne by the state. In no instance, except on emergency projects, shall the state's share exceed one-half the cost of the project, to include project planning and design. However, grants to prepare a comprehensive flood control management plan required under RCW 86.26.050 shall not exceed seventy-five percent of the full planning costs, but not to exceed amounts for either purpose specified in rule and regulation by the department of ecology.

Sec. 7. Section 9, chapter 212, Laws of 1984 as amended by section 5, chapter 46, Laws of 1986 and RCW 86.26.105 are each amended to read as follows:

A comprehensive flood control management plan shall determine the need for flood control work, consider alternatives to in-stream flood control work, identify and consider potential impacts of in-stream flood control work on the state's in-stream resources, and identify the river's meander belt or floodway. A comprehensive flood control management plan shall be completed and adopted within at least three years of the certification that it is being prepared, as provided in RCW 86.26.050.

If after this three-year period has elapsed such a comprehensive flood control plan has not been completed and adopted, grants for flood control ((~~maintenance~~)) projects shall not be made to the county or municipal corporations in the county until a comprehensive flood control plan is completed and adopted by the appropriate local authority. These limitations on grants shall not preclude allocations for emergency purposes made pursuant to RCW 86.26.060.