AN ACT Relating to natural resource damage restoration of damage to natural resources; adding a new chapter to Title 90 RCW; and making an appropriation.

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

NEW SECTION. Sec. 1. The state's natural resources are a valued heritage which form the cornerstone of the quality of life enjoyed by all Washingtonians. Such resources also contribute to the economic health of the state and provide not only a source of recreational enjoyment, but provide a way of life for many industries dependent upon the state's natural resources.

The legislature finds that violations of local, state, and federal environmental laws frequently are the cause of substantial damage to the state's natural resources, including damage to or reduction of fish and wildlife populations and habitat. In taking action to enforce such laws, the state often pursues remedies to compensate for natural resource damage, including monetary damages and fines. Whenever possible, such damages, fines, and other compensation should be applied to the purpose of restoring the natural resources damaged or destroyed by the environmental violation, or the enhancement of equivalent resources.

The legislature further finds there are numerous volunteer, nonprofit organizations formed in part for the purpose of undertaking natural resource enhancement and restoration projects. Such organizations are able to contribute substantial labor, material, and financial resources to such projects, but in many cases would be able to undertake more projects with modest financial assistance from the state.

NEW SECTION. Sec. 2. (1) There is hereby created the natural resources restoration account in the state treasury. Except as provided in subsection (2) of this section, there shall be deposited to the account the following:

(a) All damages, fines, or other monetary compensation awarded to or received by the state or any state agency for the purpose of compensating for damage or destruction of natural resources administered by the state or for which the state is a public trustee; and

(b) Any funds appropriated to the account by the legislature.

(2) There shall not be deposited to the account any funds which are required by laws other than this chapter to be deposited to the coastal protection fund established under RCW 90.48.390 or funds collected for the purpose of compensating for damage or destruction of natural resources pursuant to Titles 75 and 77 RCW.

(3) The state treasurer shall maintain an accounting on a county basis of the funds deposited to the account. Each deposit shall be counted by the county in which occurred the incident causing or alleged to have caused natural resource damage or destruction and to which the funds are attributable. All state agencies receiving such funds are directed to assist the state treasurer in maintaining such an accounting. A current accounting shall be provided periodically and upon request to the committee created in section 4 of this act.

NEW SECTION. Sec. 3. (1) Moneys in the account shall be disbursed from the account upon legislative appropriation solely for the purpose of the restoration of damaged or destroyed natural resources, or the enhancement of equivalent natural resources, pursuant to the criteria and procedures provided in this section.

(2) There is created the natural resource restoration committee, which shall be composed of the following members or their designees:

(a) The director of the department of ecology;

(b) The commissioner of public lands;

(d) The director of the department of wildlife; and

(e) The director of the parks and recreation commission.

(3) The committee shall choose a chairperson from among its members. The department of ecology shall provide necessary administrative support to the committee in carrying out its functions under this chapter.

(4) The committee shall provide for restoration of natural resources from funds appropriated from the account. The committee shall be guided by the following criteria in providing for expenditures for this purpose:

(a) The committee shall 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. Where such natural resources are not capable of restoration, the committee may approve projects to enhance equivalent natural resources within the same county. The committee shall be guided in general by the accounting record provided by the state treasurer under section 2 of this act, except that the committee may depart from the accounting where the natural resource damage occurred substantially in a different county than the environmental contamination incident causing the damage;

(b) Preference shall be given to providing grants to nonprofit, tax-exempt organizations whose primary purpose is undertaking natural resource restoration or enhancement. The committee shall adopt matching requirements not exceeding fifty percent, which a qualified organization may satisfy through any combination of labor, materials, and financial resources;

(c) Not less than twenty-five percent of the funds disbursed each fiscal year shall be awarded to organizations described in (b) of this subsection.

(5) The committee shall require periodic reports from the recipient of funds to account for fund expenditures. The committee shall also require each recipient to provide a report upon completion of the project regarding its preliminary success in restoration or enhancement, and a report annually for the succeeding five years on the condition of the natural resources which were the subject of the project.

NEW SECTION. Sec. 4. On or before September 30 of each odd-numbered year, the committee shall provide a report to the appropriate standing committees of the legislature. The report shall describe the projects funded during the previous biennium and the progress of such projects as well as all other projects funded in previous bienniums.

NEW SECTION. Sec. 5. There is hereby appropriated for the purposes of this account the amount of .......... dollars from the natural resource restoration account to the department of ecology.

NEW SECTION. Sec. 6. Sections 1 through 4 of this act shall constitute a new chapter in Title 90 RCW.