6291-S2 AMS RASM S5709.2

2SSB 6291 - S AMD  000301

By Senators Rasmussen, Newhouse, Loveland, Fraser, Morton, Sutherland and Williams

    On page 17, beginning on line 31, strike all of section 25 and insert the following:

    "NEW SECTION. Sec. 25.  (1) The department of ecology shall in conjunction with the task force created in section 3, chapter 495, Laws of 1993 develop a budget process for its water rights administration program that accomplishes the following:

    (a) Identifies targets for permitting activities for the biennium;

    (b) Identifies workload standards;

    (c) Prepares a draft budget;

    (d) Provides for timely public review of the draft budget; and

    (e) Circulates a final budget.

    (2) The department of ecology shall, in conjunction with the water rights programs review task force, establish and periodically review the following:

    (a) Workload standards and proposed incentives to improve such standards;

    (b) Program expenditure categories to account for and track costs related to the water rights administration program; and

    (c) Success measures based upon programmatic results designed to evaluate program effectiveness and standards for defining the measures.

    In establishing the initial workload standards, the legislature has an expectation that the department of ecology will process a simple, basic application in six months and an application of intermediate difficulty in one year.

    (3) The task force shall report annually to the legislature on the success measures established, the number of water right permit decisions made, and the associated costs of administering the water rights program.

    (4) The legislature may provide for another state entity or an independent contractor to conduct periodic performance audits or evaluations of the effectiveness and efficiency of the department of ecology in meeting its workload standards and achieving programmatic success.

    (5) This section shall expire on June 30, 1998.

    Sec. 26.  1993 c 495 s 3 (uncodified) is amended to read as follows:

    (1) There is created a water rights ((fees)) programs review task force.  The task force shall be comprised of ((fourteen)) fifteen members, who are appointed as follows:

    (a) Two members of the Washington state house of representatives, one from each major caucus, to be appointed by the speaker of the house of representatives;

    (b) Two members of the Washington state senate, one from each major caucus, to be appointed by the president of the senate;

    (c) ((Ten)) Eleven members, to be appointed jointly by the speaker of the house of representatives and the president of the senate, to represent the following interests:  Agriculture, aquaculture, business, cities, counties, the state department of ecology, environmentalists, water recreation interests, water utilities, rural residential interests, and hydropower interests.  ((The task force may establish technical advisory committees as necessary to complete its tasks.))

    (2) In addition to the functions established in section 25 of this act, the task force shall conduct a ((comprehensive)) review ((of water rights fees.  The task force's tasks shall include)), including but not ((be)) limited to the following matters:

    (a) ((Identification of the costs associated with the various activities and services provided by the water rights program and examination of how these costs compare with the fees charged for these activities and services;

    (b) Identification of appropriate accountability measures for the department of ecology to employ in administration of the water rights program.  Recommendations of accountability requirements and measurements shall take into account the distinctive characteristics of the water rights program, that is, that the department receives a large number of applications on a one-time basis and that the department of ecology must meet its legal obligations under the doctrine of prior appropriation;

    (c) Identification of which program activities should be eligible for cost recovery from fees, as well as which direct and indirect costs of program administration;

    (d) Review of the application, examination, and water rights permit requirements for marine water users to determine if these users should receive special fee consideration;

    (e) Review of the definition and treatment of nonconsumptive water uses to determine if special fee consideration should be given to these users;

    (f) Review of the fees and accounting methods for the dam safety program;

    (g) Identification of the appropriate distribution of responsibility between the applicant and the department of ecology for provision of technical information and analysis; and

    (h) Establishment of a reasonable time framework for completion of new and pending water rights applications, and an analysis of the staff and funding levels required to meet the established time framework)) Implementation of the development and maintenance of the water resource data management system, monitored on an annual basis; and

(b) The use and amount of funds available for the water right permit processing and data management programs and the transition between fiscal year 1998 and fiscal year 1999.

    (3) Before December 1, ((1993)) 1997, the task force shall provide recommendations to the legislature regarding:

    (a) ((Provide recommendations to the department of ecology on ways to improve the efficiency and accountability of the water rights program;

    (b) Provide recommendations to the legislature on statutory changes necessary to make these efficiency and accountability improvements; and

    (c) Propose a new fee schedule for the water rights program which incorporates the results of the task force's work and which funds through fees fifty percent of the cost of the activities and services provided by the program)) The efficiency and accountability of the water right permit processing program and the need for change to the level of funding in fiscal year 1999;

(b) The future direction of the water resource data management program and the need for changes to the level of funding in fiscal year 1999; and

(c) Modification to the fee schedule to fund water right permit processing and data management programs that is to go into effect on July 1, 1998, including a reexamination of the fee on exempt wells established in RCW 90.03.--- (section 28 of this act).

    (4) The department of ecology and the legislature shall jointly provide for the staff support of the task force.

    (5) The task force shall convene as soon as possible upon the appointment of its members.  Task force members shall elect a chair and adopt rules for conducting the business of the task force.  The task force shall expire on June 30, ((1994)) 1998."

    Renumber the remaining sections consecutively and correct any internal references accordingly.

2SSB 6291 - S AMD

By Senators Rasmussen, Newhouse, Loveland, Fraser, Morton, Sutherland and Williams

    On page 1, line 4 of the title, after "90.40.090;" insert "amending 1993 c 495 s 3 (uncodified);"

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