[atlas:bill]

AN ACT Relating to funding state-wide salmon recovery; adding a new chapter to Title 75 RCW; and providing an expiration date.

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

NEW SECTION. Sec. 1. (1) The legislature finds that salmon recovery in Washington state requires a state-wide strategy and actions that are tailored to the unique characteristics of each major watershed in the state.

(2) The legislature finds that:

(a) The health and economic prosperity of the region depends on a high quality environment;

(b) Several species of salmon in the state are, or are expected to be, listed as threatened or endangered under the federal endangered species act; and

(c) One or more additional listings under the federal endangered species act have the potential to adversely affect nearly all aspects of the state's economy, and a comprehensive solution will require significant involvement of the private and public sectors.

(3) The legislature recognizes that a critical pathways mechanism was established in 1998 to fund salmon habitat restoration. The legislature also recognizes that there is an extensive network of federal, state, local, and tribal rules and regulations to protect salmon habitat. In 1998, the legislature also established a comprehensive approach to setting priorities for individual watersheds through water resource inventory area planning.

(4) The legislature further finds that:

(a) While there are a number of public, nonprofit, and business entities involved in acquiring land or easements to preserve habitat, the lack of dedicated funding and a coordinated approach cause this effort to occur on a piecemeal basis; and

(b) A private nongovernmental approach to preservation and restoration is necessary to increase business and landowner participation, garner public support, and increase the efficiency and effectiveness of habitat investments.

(5) The legislature also declares that it is in the public interest to create a nonprofit foundation to actively seek funding for projects to preserve and restore critical salmon habitat in the state of Washington.

(6) The 1998 legislature requested that a community foundation or other funding mechanisms be investigated for the purpose of assisting in financing salmon recovery efforts. It was found that a community foundation would best serve that purpose.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Foundation" means the salmon recovery foundation created in section 3 of this act.

(2) "Eligible grant recipients" includes local governments, state agencies, nonprofit organizations, and tribes.

(3) "Eligible projects" means any project or action that serves to preserve, restore, or steward critical salmon habitat and that has been selected by the interagency review team created in RCW 75.46.080.

(4) "Restore" means an action to reestablish ecological conditions of critical salmon habitat, including but not limited to actions that restore key processes, functions, or structures that support salmon habitat.

(5) "Preserve" means a nonregulatory action that facilitates protection of critical salmon habitat and may include the purchase of development or timber rights, conservation easements, or fee simple title.

NEW SECTION. Sec. 3. (1) By September 1, 1999, the governor shall file articles of incorporation in accordance with the Washington nonprofit corporation act, chapter 24.03 RCW, to establish the salmon recovery foundation. The foundation shall not be an agency, instrumentality, or political subdivision of the state.

(2) The foundation shall have a board of directors consisting of nineteen members. The members shall consist of one person representing counties, and residing in a county, from western Washington and one person representing counties, and residing in a county, from eastern Washington appointed by the Washington association of counties; one person representing cities from western Washington and one person representing cities from eastern Washington appointed by the association of Washington cities; one tribal representative appointed by the Northwest Washington Indian fisheries commission; one tribal representative appointed by the Columbia river intertribal fish commission; one person appointed by the director of the state department of fish and wildlife; one person appointed by the director of the state department of ecology; one person appointed by the secretary of transportation; one person appointed by the conservation commission; one person appointed by the regional fisheries enhancement group advisory board; two persons residing in eastern Washington with experience in fishery restoration, fund raising, or volunteer coordination appointed by the governor; two persons residing in western Washington with experience in fishery restoration, fund raising, or volunteer coordination appointed by the governor; one representative from each of the two largest caucuses of the house of representatives appointed by the co-speakers of the house of representatives; and one member from each of the two largest caucuses of the senate, selected by the president of the senate.

(3) Members other than legislative members serve three-year terms, except for the initial terms, which shall be staggered by the governor to achieve a balanced mix of terms on the board. Members may serve up to a maximum of three terms. At the end of a term, a member may continue to serve until a successor has been appointed. Terms for legislative members are two years.

(4) The board shall develop bylaws as required under RCW 24.03.070.

(5) The foundation shall meet at least four times per year.

NEW SECTION. Sec. 4. The foundation shall actively seek funding and contributions from federal, state, and private sources to fund the preservation and restoration of the state's critical salmon habitat as provided in this chapter and in accordance with the applicable laws.

NEW SECTION. Sec. 5. The interagency review team created under RCW 75.46.080 shall submit a list of unfunded salmon recovery projects to the foundation at least once a year that have met all the criteria outlined in chapter 75.46 RCW. Based upon available funding, the foundation shall award grants to those projects submitted by the interagency review team that have not already been funded in total by other programs. Where possible, the foundation shall seek to leverage federal funds, and state funds other than those in the salmon and stream conservation account created in section 7 of this act, and local, private, and in-kind funds.

NEW SECTION. Sec. 6. In awarding grants over the ten-year period of the foundation, the foundation shall ensure to the maximum extent practicable that each water resource inventory area in the state with a salmon species listed as threatened or endangered under the federal endangered species act receives grant funding for important preservation and restoration actions.

NEW SECTION. Sec. 7. The salmon and stream conservation account is created in the state treasury. All receipts from funding and contributions from federal, state, and private sources specified for this purpose must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for reasonable foundation expenses, the preservation and restoration of the state's critical salmon habitat, and other purposes consistent with this chapter.

NEW SECTION. Sec. 8. Sections 1 through 7 of this act expire June 30, 2009.

NEW SECTION. Sec. 9. Sections 1 through 8 of this act constitute a new chapter in Title 75 RCW.