BP BHEAD INT S [atlas:bill]

AN ACT Relating to the habitat restoration account; adding new sections to chapter 43.08 RCW; adding new sections to chapter 43.131 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.08 RCW to read as follows:

The habitat restoration account is created in the state treasury. Moneys may be placed in the account from legislative appropriations and transfers, federal funds, or any other lawful source. Moneys in the account may only be spent after appropriation. Expenditures from the account may be used only for watershed restoration efforts.

NEW SECTION. Sec. 2. A new section is added to chapter 43.08 RCW to read as follows:

(1) Expenditures for watershed restoration efforts from the habitat restoration account must meet the following criteria:

(a) The watershed restoration effort is based on sound science;

(b) The watershed restoration effort resolves a limiting factor for fish and or fish habitat; and

(c) The watershed restoration effort identifies a monitoring system of both implementation and effectiveness, identifies the cost of operation, and is structured to have measurable outcomes.

(2) Priority for expenditures from the habitat restoration account for initial restoration efforts in water resource inventory areas shall be directed at weak fish stocks. Weak stocks include those stocks that are listed as endangered, threatened, or candidate species under the federal endangered species act or those weak stocks that prevent fishing opportunity in mixed stock harvest areas. Upon completion of weak stock restoration efforts, priority for restoration efforts shifts to efforts within the water resource inventory areas that will enhance or protect the salmonid resource. Water resource inventory area means the water resource inventory area defined in chapter 173-500 WAC as it existed on January 1, 1997.

(3) Preference for expenditures from the habitat restoration account shall be given to watershed restoration efforts that address the following issues:

(a) Projects that address a greater number of limiting factors for fish habitat or fish passage;

(b) Projects that are more likely to achieve the desired results;

(d) Projects that include removal or remediation of human-caused alterations to improve either water quality or fish habitat, or both;

(e) Projects that change land management practices that have chronic disturbances to the watershed;

(f) Projects that show evidence of collaboration between stakeholders and agencies; and

(g) Projects developed from a watershed-level assessment and analysis of conditions that includes an action plan for restoration or enhancement of watershed functions.

(4) After December 31, 1999, preference will go to projects or programs developed out of the efforts of legislatively recognized regional or watershed planning groups.

(5) After December 31, 2000, state funds will only support projects or programs developed out of the efforts of legislatively recognized regional or watershed planning groups.

NEW SECTION. Sec. 3. A new section is added to chapter 43.131 RCW to read as follows:

The habitat restoration account created in section 1 of this act and the watershed restoration projects under section 2 of this act shall be terminated on June 30, 2003, as provided in section 4 of this act.

NEW SECTION. Sec. 4. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2004:

(1) RCW 43.08.--- and 1998 c . . . s 1 (section 1 of this act); and

(2) RCW 43.08.--- and 1998 c . . . s 2 (section 2 of this act).

NEW SECTION. Sec. 5. This act takes effect July 1, 1998.