AN
ACT Relating to storm water control grant programs; amending RCW 90.78.005,
90.78.010, 90.78.020, and 75.50.165; and providing an expiration date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
90.78.005 and 1996 c 285 s 2 are each amended to read as follows:
The
legislature finds that the increasing population and continued development
throughout the state have increased the need for storm water control. Storm
water impacts have resulted in increased public health risks related to
drinking water and agricultural and seafood products; increased disruption of
economic activity, transportation facilities, and other public and private land
and facilities due to the lack of adequate flood control measures; adverse
affects on state fish populations and watershed hydrology; and
contamination of sediments.
In
addition, current storm water control and management efforts related to
transportation projects lack necessary coordination on a watershed, regional,
and state-wide basis; have inadequate funding; and fail to maximize use of
available resources.
More
stringent regulatory requirements have increased the costs that state and local
governments must incur to deal with significant sources of pollution such as
storm water. The costs estimated to properly maintain and construct storm
water facilities far exceed available revenues.
Therefore,
it is the intent of the legislature to establish a program to develop a
state-wide coordination mechanism for the funding of state, county, and city
highway and roadway-related storm water management and control projects
that will facilitate the completion of the state's most urgently needed storm
water projects in the most cost-effective manner. Unexpended annual utility
fee payments that are not collected by virtue of defaulting in preparing a plan
must be used in the storm water grant program as defined in RCW 90.78.010 and
90.78.020.
Sec.
2. RCW
90.78.010 and 1996 c 285 s 3 are each amended to read as follows:
The
department of transportation, in cooperation with the transportation
improvement board, the department of ecology, cities, towns, counties,
environmental organizations, business organizations, Indian tribes, and port
districts, shall develop a storm water management funding and implementation
program to address state, county, and city highway and roadway-related
storm water control problems. As part of the program, the department
may provide grants and may rate and rank local transportation improvement
projects to facilitate the construction of the highest priority stand-alone
state and local storm water management retrofit projects based on
cost-effectiveness and contribution toward improved water quality,
mitigating the impacts of altered stream hydrology, improved salmonid habitat,
and reduced flooding in a watershed.
The
program shall address, but is not limited to, the following objectives: (1)
Greater state-wide coordination of the construction of storm water treatment
facilities; (2) encouraging multijurisdictional projects; (3) developing
priorities and approaches for implementing activities within watersheds; (4) methods
to enhance, preserve, and restore salmonid habitat; (5) identification and
prioritization of storm water retrofit programs; (((5))) (6)
evaluating methods to determine cost benefits of proposed projects; (((6)))
(7) identifying ways to facilitate the sharing of technical resources;
(((7))) (8) developing methods for monitoring and evaluating
activities carried out under the program; and (((8))) (9)
identifying potential funding sources for continuation of the program.
Sec.
3. RCW
90.78.020 and 1996 c 285 s 4 are each amended to read as follows:
The
department of transportation may provide grants and may rate and rank local
transportation improvement projects to implement state, county, and city
highway and roadway-related storm water control measures. Cities,
towns, counties, port districts, Indian tribes, and the department of
transportation are eligible to receive grants, on a matching basis. The
transportation improvement board may administer all grant programs specifically
designed to assist cities, counties, and local governments with storm water
mitigation associated with transportation projects. A committee consisting
of two representatives each from the department of transportation, with one as
chair, the department of ecology, cities, and counties, and one representative
each from the transportation improvement board, the department of fish and
wildlife, an environmental organization, and a business
organization, shall oversee the grant program. The committee may add
representatives of other agencies, organizations, or interest groups to serve
as members of the committee or in an advisory capacity. In developing project
criteria, the committee shall identify the most urgent state, county, and
city highway and roadway-related storm water management and control
problems; develop methods for applying priorities across watersheds; give added
weight to projects based on local contribution, multijurisdictional
involvement, and whether the project is a priority for a local storm water
utility; and determine the benefits of, and, if appropriate, provide incentives
for off-site placement of storm water facilities and out-of-kind mitigation for
storm water impacts.
Sec.
4. RCW
75.50.165 and 1998 c 249 s 16 are each amended to read as follows:
(1)
The department of transportation ((is authorized to)) and the
department of fish and wildlife may administer ((a)) and
coordinate all state grant programs specifically designed to assist
state agencies, local governments, private landowners, tribes, organizations,
and volunteer groups in identifying and removing impediments to ((anadromous))
salmonid fish passage. ((The)) The transportation improvement
board may administer all grant programs specifically designed to assist cities,
counties, and local governments with fish passage barrier corrections
associated with transportation projects. All grant programs ((shall))
must be administered and be consistent with the following:
(a)
((Eligible projects include)) Salmonid-related corrective
projects, inventory, assessment, and prioritization efforts;
(b)
Salmonid projects ((shall be)) subject to a competitive
application process; and
(c)
A minimum dollar match rate that is consistent with the funding authority's
criteria. If no funding match is specified, a match amount of at least
twenty-five percent per project is required. For local, private, and volunteer
projects, in-kind contributions may be counted toward the match requirement.
(2)
Priority shall be given to projects that immediately increase access to available
and improved spawning and rearing habitat for depressed, threatened, and
endangered stocks. Priority shall also be given to project applications that
are coordinated with other efforts within a watershed((;)).
(((d)))
(3) Except for projects administered by the transportation improvement
board, all projects shall be reviewed and approved by the fish passage
barrier removal task force((; and
(e)
A match of at least twenty-five percent per project shall be required. For
local, private, and volunteer projects, in-kind contributions may be counted
toward the match requirement.
(2)
The department of transportation shall proceed expeditiously in implementing
the grant program during the 1998 summer construction season)) or
an alternative oversight committee designated by the state legislature.
(4)
Other agencies that administer natural resource based grant programs that may
include fish passage barrier removal projects shall use fish passage selection
criteria that are consistent with this section.
(5)
The departments of transportation and fish and wildlife shall establish a
centralized data base directory of all fish passage barrier information. The
data base directory must include, but is not limited to, existing fish passage
inventories, fish passage projects, grant program applications, and other data
bases. These data must be used to coordinate and assist in habitat recovery
and project mitigation projects.
NEW
SECTION. Sec. 5.
Sections 1 through 3 of this act expire July 1, 2003.
