S-3984.1  _______________________________________________

                         SENATE BILL 6443

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Senators Spanel, Swecker, Fraser, Jacobsen, Haugen, Snyder, McAuliffe, Bauer and Kohl

Read first time 01/19/98.  Referred to Committee on Ways & Means.

Restoring funding for salmon-related programs.

    AN ACT Relating to state funding for salmon-related programs; amending 1997 c 454 s 302 (uncodified); amending 1997 c 454 s 304 (uncodified); amending 1997 c 454 s 305 (uncodified); and making appropriations.

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

    Sec. 1. 1997 c 454 s 302 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF ECOLOGY

General Fund‑-State Appropriation (FY 1998).... $   ((27,748,000))

26,013,000

General Fund‑-State Appropriation (FY 1999).... $   ((27,795,000))

26,322,000

General Fund‑-Federal Appropriation.............                 $.................................. 45,315,000

General Fund‑-Private/Local Appropriation...... $          643,000

Special Grass Seed Burning Research Account

     Appropriation............................. $           42,000

Reclamation Revolving Account Appropriation.... $        2,441,000

Flood Control Assistance Account

    Appropriation.............................. $        4,850,000

State Emergency Water Projects Revolving Account

    Appropriation.............................. $          319,000

Waste Reduction/Recycling/Litter Control

    Appropriation.............................. $       10,316,000

State and Local Improvements Revolving Account

    (Waste Facilities) Appropriation........... $          601,000

State and Local Improvements Revolving Account

    (Water Supply Facilities) Appropriation.... $        1,366,000

Basic Data Account Appropriation............... $          182,000

Vehicle Tire Recycling Account Appropriation... $        1,194,000

Water Quality Account Appropriation.............                 $.................................. 2,892,000

Wood Stove Education and Enforcement Account

    Appropriation.............................. $        1,055,000

Worker and Community Right-to-Know Account

    Appropriation.............................. $          469,000

State Toxics Control Account Appropriation..... $       53,715,000

Local Toxics Control Account Appropriation..... $        4,342,000

Water Quality Permit Account Appropriation..... $       20,378,000

Underground Storage Tank Account

    Appropriation.............................. $        2,443,000

Solid Waste Management Account Appropriation... $        1,021,000

Hazardous Waste Assistance Account

    Appropriation.............................. $        3,615,000

Air Pollution Control Account Appropriation.... $       16,224,000

Oil Spill Administration Account Appropriation. $        6,958,000

Air Operating Permit Account Appropriation..... $        4,033,000

Freshwater Aquatic Weeds Account Appropriation. $        1,829,000

Oil Spill Response Account Appropriation........                 $...................................... 7,078,000

Metals Mining Account Appropriation.............                 $ 42,000

Water Pollution Control Revolving Account‑-State

    Appropriation.............................. $          349,000

Water Pollution Control Revolving Account‑-Federal

    Appropriation.............................. $        1,726,000

Biosolids Permit Account Appropriation......... $          567,000

Environmental Excellence Account Appropriation. $          247,000

           TOTAL APPROPRIATION................. $  ((251,795,000))

248,587,000

    The appropriations in this section are subject to the following conditions and limitations:

    (1) $3,211,000 of the general fund‑-state appropriation for fiscal year 1998, $3,211,000 of the general fund‑-state appropriation for fiscal year 1999, $394,000 of the general fund‑-federal appropriation, $2,017,000 of the oil spill administration account, $819,000 of the state toxics control account appropriation, and $3,591,000 of the water quality permit fee account are provided solely for the implementation of the Puget Sound work plan and agency action items DOE-01, DOE-02, DOE-03, DOE-04, DOE-05, DOE-06, DOE-07, DOE-08, and DOE-09.

    (2) $2,000,000 of the state toxics control account appropriation is provided solely for the following purposes:

    (a) To conduct remedial actions for sites for which there are no potentially liable persons, for which potentially liable persons cannot be found, or for which potentially liable persons are unable to pay for remedial actions; and

    (b) To provide funding to assist potentially liable persons under RCW 70.105D.070(2)(d)(xi) to pay for the cost of the remedial actions; and

    (c) To conduct remedial actions for sites for which potentially liable persons have refused to conduct remedial actions required by the department; and

    (d) To contract for services as necessary to support remedial actions.

    (((6))) (3) $200,000 of the general fund‑-state appropriation for fiscal year 1998 is provided solely for the implementation of Engrossed Substitute House Bill No. 1118 (reopening a water rights claim filing period).  If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.

    (((7))) (4) $3,600,000 of the general fund‑-state appropriation for fiscal year 1998 and $3,600,000 of the general fund‑-state appropriation for fiscal year 1999 are provided solely for the auto emissions inspection and maintenance program.  Expenditures of the amounts provided in this subsection are contingent upon a like amount being deposited in the general fund from the auto emission inspection fees in accordance with RCW 70.120.170(4).

    (((8))) (5) $170,000 of the oil spill administration account appropriation is provided solely for implementation of the Puget Sound work plan action item UW-02 through a contract with the University of Washington's Sea Grant program in order to develop an educational program that targets small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas.

    (((9))) (6) The merger of the office of marine safety into the department of ecology shall be accomplished in a manner that will maintain a priority focus on oil spill prevention, as well as maintain a strong oil spill response capability.  The merged program shall be established to provide a high level of visibility and ensure that there shall not be a diminution of the existing level of effort from the merged programs.

    (((10))) (7) The entire environmental excellence account appropriation is provided solely for the implementation of Engrossed Second Substitute House Bill No. 1866 (environmental excellence).  If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.  In implementing the bill, the department shall organize the needed expertise to process environmental excellence applications after an application has been received.

    (((11))) (8) $200,000 of the freshwater aquatic weeds account appropriation is provided solely to address saltcedar weed problems.

    (((12))) (9) $4,498,000 of the waste reduction, recycling, and litter control account appropriation is provided for fiscal year 1998 and $5,818,000 is provided for fiscal year 1999 to be expended in the following ratios:  Fifty percent for a litter patrol program to employ youth and correctional work crews to remove litter from places that are most visible to the public; twenty percent for grants to local governments for litter cleanup under RCW 70.93.250; and thirty percent for public education and awareness programs and programs to foster local waste reduction and recycling efforts.  From the amounts provided in this subsection, the department shall provide $352,000 through an interagency agreement to the department of corrections to hire correctional crews to remove litter in areas that are not accessible to youth crews.

    (((13))) (10) The entire biosolids permit account appropriation is provided solely for implementation of Engrossed Senate Bill No. 5590 (biosolids management).  If the bill is not enacted by June 30, 1997, the entire appropriation is null and void.

    (((14))) (11) $29,000 of the general fund‑-state appropriation for fiscal year 1998 and $99,000 of the general fund‑-state appropriation for fiscal year 1999 are provided solely for the implementation of Substitute House Bill No. 1985 (landscape management plans).  If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.

    (((15))) (12) $60,000 of the freshwater aquatic weeds account appropriation is provided solely for a grant to the department of fish and wildlife to control and eradicate purple loosestrife using the most cost-effective methods available, including chemical control where appropriate.

    (((16))) (13) $250,000 of the flood control assistance account appropriation is provided solely as a reappropriation to complete the Skokomish valley flood reduction plan.  The amount provided in this subsection shall be reduced by the amount expended from this account for the Skokomish valley flood reduction plan during the biennium ending June 30, 1997.

    (((18))) (14) $600,000 of the flood control assistance account appropriation is provided solely to complete flood control projects that were awarded funds during the 1995-97 biennium.  These funds shall be spent only to complete projects that could not be completed during the 1995-97 biennium due to delays caused by weather or delays in the permitting process.

    (((19))) (15) $113,000 of the general fund--state appropriation for fiscal year 1998 and $112,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for implementation of Substitute Senate Bill No. 5505 (assistance to water applicants).  If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.

    (((20))) (16) $70,000 of the general fund--state appropriation for fiscal year 1998 and $70,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for implementation of Substitute Senate Bill No. 5785 (consolidation of groundwater rights).  If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.

    (((21))) (17) $20,000 of the general fund--state appropriation for fiscal year 1998 and $20,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for implementation of Substitute Senate Bill No. 5276 (water right applications).  If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.

    (((23))) (18) $500,000 of the general fund‑-state appropriation for fiscal year 1998 and $500,000 of the general fund‑-state appropriation for fiscal year 1999 are provided solely for the continuation of the southwest Washington coastal erosion study.

(19) $372,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for:  (a) Technical assistance, permit compliance, and enforcement activities within the shorelands program; or (b) implementing initiatives that may be proposed by the timber/fish/wildlife group for protection of wild salmonids.

(20) $90,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for staff to implement permit coordination activities and issue water quality certifications.

    Sec. 2. 1997 c 454 s 304 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF FISH AND WILDLIFE

General Fund‑-State Appropriation (FY 1998).... $   ((36,049,000))

35,852,000

General Fund‑-State Appropriation (FY 1999).... $   ((36,571,000))

37,336,000

General Fund‑-Federal Appropriation.............                 $.................................. 73,015,000

General Fund‑-Private/Local Appropriation...... $       26,758,000

Off Road Vehicle Account Appropriation......... $          488,000

Aquatic Lands Enhancement Account

    Appropriation.............................. $        5,593,000

Public Safety and Education Account

    Appropriation.............................. $          590,000

Industrial Insurance Premium Refund

    Appropriation.............................. $          120,000

Recreational Fisheries Enhancement

    Appropriation.............................. $        2,387,000

Warm Water Game Fish Account Appropriation..... $        2,419,000

Wildlife Account Appropriation..................                 $............................. ((52,372,000))

51,372,000

Game Special Wildlife Account‑-State

    Appropriation.............................. $        1,911,000

Game Special Wildlife Account‑-Federal

    Appropriation.............................. $       10,844,000

Game Special Wildlife Account‑-Private/Local

    Appropriation.............................. $          350,000

Oil Spill Administration Account Appropriation. $          843,000

Environmental Excellence Account Appropriation. $           20,000

Eastern Washington Pheasant Enhancement Account

    Appropriation.............................. $          547,000

           TOTAL APPROPRIATION................. $  ((250,877,000))

250,445,000

    The appropriations in this section are subject to the following conditions and limitations:

    (1) $1,181,000 of the general fund‑-state appropriation for fiscal year 1998 and $1,181,000 of the general fund‑-state appropriation for fiscal year 1999 are provided solely for the implementation of the Puget Sound work plan agency action items DFW-01, DFW-03, DFW-04, and DFW-8 through DFW-15.

    (2) $188,000 of the general fund‑-state appropriation for fiscal year 1998 and $155,000 of the general fund‑-state appropriation for fiscal year 1999 are provided solely for a maintenance and inspection program for department-owned dams.  The department shall submit a report to the governor and the appropriate legislative committees by October 1, 1998, on the status of department-owned dams.  This report shall provide a recommendation, including a cost estimate, on whether each facility should continue to be maintained or should be decommissioned.

    (3) $832,000 of the general fund‑-state appropriation for fiscal year 1998 and $825,000 of the general fund‑-state appropriation for fiscal year 1999 are provided solely to implement salmon recovery activities and other actions required to respond to federal listings of salmon species under the endangered species act.

    (4) $350,000 of the wildlife account appropriation, $72,000 of the general fund--state appropriation for fiscal year 1998, and $73,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for control and eradication of class B designate weeds on department owned and managed lands.  The amounts from the general fund‑-state appropriations are provided solely for control of spartina.

    (5) $140,000 of the wildlife account appropriation is provided solely for a cooperative effort with the department of agriculture for research and eradication of purple loosestrife on state lands.

    (6) In controlling weeds on state-owned lands, the department shall use the most cost-effective methods available, including chemical control where appropriate, and the department shall report to the appropriate committees of the legislature by January 1, 1998, on control methods, costs, and acres treated during the previous year.

    (7) A maximum of $1,000,000 is provided from the wildlife fund for fiscal year 1998.  The amount provided in this subsection is for the emergency feeding of deer and elk that may be starving and that are posing a risk to private property due to severe winter conditions during the winter of 1997-98.  The amount expended under this subsection must not exceed the amount raised pursuant to section 3 of Substitute House Bill No. 1478.  Of the amount expended under this subsection, not more than fifty percent may be from fee revenue generated pursuant to section 3 of Substitute House Bill No. 1478.  If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.

    (8) $193,000 of the general fund--state appropriation for fiscal year 1998, $194,000 of the general fund--state appropriation for fiscal year 1999, and $300,000 of the wildlife account appropriation are provided solely for the design and development of an automated license system.

    (9) The department is directed to offer for sale its Cessna 421 aircraft by June 30, 1998.  Proceeds from the sale shall be deposited in the wildlife account.

    (10) $500,000 of the general fund‑-state appropriation for fiscal year 1998 and $500,000 of the general fund‑-state appropriation for fiscal year 1999 are provided solely to continue the department's habitat partnerships program during the 1997-99 biennium.

    (11) $350,000 of the general fund--state appropriation for fiscal year 1998 and $350,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for purchase of monitoring equipment necessary to fully implement mass marking of coho salmon.

    (12) $238,000 of the general fund‑-state appropriation for fiscal year 1998 and $219,000 of the general fund‑-state appropriation for fiscal year 1999 are provided solely for the implementation of Substitute House Bill No. 1985 (landscape management plans).  If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.

    (13) $150,000 of the general fund--state appropriation for fiscal year 1998 and $150,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for a contract with the United States department of agriculture to carry out animal damage control projects throughout the state related to cougars, bears, and coyotes.

    (14) $97,000 of the general fund--state appropriation for fiscal year 1998 and $98,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement animal damage control programs for Canada geese in the lower Columbia river basin.

    (15) $170,000 of the general fund--state appropriation for fiscal year 1998, $170,000 of the general fund--state appropriation for fiscal year 1999, and $360,000 of the wildlife account appropriation are provided solely to hire additional enforcement officers to address problem wildlife throughout the state.

    (((17))) (16) $133,000 of the general fund--state appropriation for fiscal year 1998 and $133,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement Substitute Senate Bill No. 5442 (flood control permitting).  If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.

    (((18))) (17) $100,000 of the aquatic lands enhancement account appropriation is provided solely for grants to the regional fisheries enhancement groups.

    (((19))) (18) $547,000 of the eastern Washington pheasant enhancement account appropriation is provided solely for implementation of Substitute Senate Bill No. 5104 (pheasant enhancement program).  If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.

    (((20))) (19) $150,000 of the general fund--state appropriation for fiscal year 1998 and $150,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to hire Washington conservation corps crews to maintain department-owned and managed lands.

    (((21))) (20) The entire environmental excellence account appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1866 (environmental excellence).  If the bill is not enacted by June 30, 1997, the entire appropriation is null and void.

    (((22))) (21) $156,000 of the recreational fisheries enhancement appropriation is provided solely for Substitute Senate Bill No. 5102 (fishing license surcharge).  If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.

    (((23))) (22) $25,000 of the general fund‑-state appropriation for fiscal year 1998 and $25,000 of the general fund‑-state appropriation for fiscal year 1999 are provided solely for staffing and operation of the Tennant Lake interpretive center.

(23) $461,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for resource assessment activities within the fisheries management program related to salmonid and steelhead stocks.

(24) $500,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the habitat management program for activities related to hydraulic code compliance and enforcement activities.

    Sec. 3. 1997 c 454 s 305 (uncodified) is each amended to read as follows:

FOR THE DEPARTMENT OF NATURAL RESOURCES

General Fund‑-State Appropriation (FY 1998).... $       23,767,000

General Fund‑-State Appropriation (FY 1999).... $   ((24,168,000))

25,091,000

General Fund‑-Federal Appropriation.............                 $.................................. 1,156,000

General Fund‑-Private/Local Appropriation...... $          422,000

Forest Development Account Appropriation........                 $...................................... 49,923,000

Off Road Vehicle Account Appropriation......... $        3,628,000

Surveys and Maps Account Appropriation......... $        2,088,000

Aquatic Lands Enhancement Account

    Appropriation.............................. $        4,869,000

Resources Management Cost Account

    Appropriation.............................. $       89,613,000

Waste Reduction/Recycling/Litter Control

    Appropriation.............................. $          450,000

Surface Mining Reclamation Account

    Appropriation.............................. $        1,420,000

Aquatic Land Dredged Material Disposal Site Account

    Appropriation.............................. $          751,000

Natural Resources Conservation Areas Stewardship

    Account Appropriation...................... $           77,000

Air Pollution Control Account Appropriation.... $          890,000

Metals Mining Account Appropriation.............                 $ 62,000

           TOTAL APPROPRIATION................. $  ((203,284,000))

204,207,000

    The appropriations in this section are subject to the following conditions and limitations:

    (1) $7,017,000 of the general fund‑-state appropriation for fiscal year 1998 and $6,900,000 of the general fund‑-state appropriation for fiscal year 1999 are provided solely for emergency fire suppression.

    (2) $18,000 of the general fund‑-state appropriation for fiscal year 1998, $18,000 of the general fund‑-state appropriation for fiscal year 1999, and $957,000 of the aquatic lands enhancement account appropriation are provided solely for the implementation of the Puget Sound work plan agency action items DNR-01, DNR-02, and DNR-04.

    (3) $450,000 of the resource management cost account appropriation is provided solely for the control and eradication of class B designate weeds on state lands.  The department shall use the most cost-effective methods available, including chemical control where appropriate, and report to the appropriate committees of the legislature by January 1, 1998, on control methods, costs, and acres treated during the previous year.

    (4) $1,332,000 of the general fund‑-state appropriation for fiscal year 1998 and $1,713,000 of the general fund‑-state appropriation for fiscal year 1999 are provided solely for fire protection activities.

    (5) $541,000 of the general fund‑-state appropriation for fiscal year 1998 and $549,000 of the general fund‑-state appropriation for fiscal year 1999 are provided solely for the stewardship of natural area preserves, natural resource conservation areas, and the operation of the natural heritage program.

    (6) $2,300,000 of the aquatic lands enhancement account appropriation is provided for the department's portion of the Eagle Harbor settlement.

    (7) $195,000 of the general fund‑-state appropriation for fiscal year 1998 and $220,000 of the general fund‑-state appropriation for fiscal year 1999 are provided solely for the implementation of Substitute House Bill No. 1985 (landscape management plans).  If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.

    (8) $600,000 of the general fund--state appropriation for fiscal year 1998 and $600,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the cooperative monitoring, evaluation, and research projects related to implementation of the timber-fish-wildlife agreement.

    (9) $6,568,000 of the forest development account appropriation is provided solely for silviculture activities on forest board lands.  To the extent that forest board counties apply for reconveyance of lands pursuant to Substitute Senate Bill No. 5325 (county land transfers), the amount provided in this subsection shall be reduced by an amount equal to the estimated silvicultural expenditures planned in each county that applies for reconveyance.

(10) $923,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the forest practices program for:  (a) Activities related to forest practices permitting and compliance; or (b) implementing initiatives that may be proposed by the timber/fish/wildlife group for protecting wild salmonid stocks.

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