AN
ACT Relating to state oyster reserve lands; amending RCW 79.96.110, 43.84.092,
and 43.84.092; adding new sections to chapter 77.60 RCW; adding a new section
to chapter 90.71 RCW; providing an effective date; and providing an expiration
date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 77.60 RCW to read as follows:
(1)
The department shall initiate a pilot project to evaluate the feasibility and
potential of intensively culturing shellfish on currently nonproductive oyster
reserve land in Puget Sound. The pilot program shall include no fewer than
three long-term lease agreements with commercial shellfish growers. Except as
provided in subsection (4) of this section, revenues from the lease of such
lands shall be deposited in the oyster reserve land account created in section
2 of this act.
(2)
The department shall form one advisory committee each for the Willapa Bay
oyster reserve lands and the Puget Sound oyster reserve lands. The advisory
committees shall make recommendations on management practices to conserve,
protect, and develop oyster reserve lands. The advisory committees may make
recommendations regarding the management practices on oyster reserve lands, in
particular to ensure that they are managed in a manner that will: (a) Increase
revenue through production of high-value shellfish; (b) not be detrimental to
the market for shellfish grown on nonreserve lands; and (c) avoid negative
impacts to existing shellfish populations. The advisory committees may also
make recommendation on the distribution of funds in section 2(2)(a) of this
act. The department shall attempt to structure each advisory committee to
include equal representation between shellfish growers that participate in
reserve sales and shellfish growers that do not.
(3)
The department shall submit a brief progress report on the status of the pilot
programs to the appropriate standing committees of the legislature by January
7, 2003.
(4)
The department of natural resources, in consultation with the department of
fish and wildlife, shall administer the leases for oyster reserves entered into
under this chapter. In administering the leases, the department of natural
resources shall exercise its authority under RCW 79.96.090. Vacation of state
oyster reserves by the department of fish and wildlife shall not be a
requirement for the department of natural resources to lease any oyster
reserves under this section. The department of natural resources may recover
reasonable costs directly associated with the administration of the leases for
oyster reserves entered into under this chapter. All administrative fees
collected by the department of natural resources pursuant to this section shall
be deposited into the resource management cost account established in RCW
79.64.020. The department of fish and wildlife may not assess charges to
recover the costs of consulting with the department of natural resources under
this subsection.
(5)
The Puget Sound pilot program shall not include the culture of geoduck.
NEW
SECTION. Sec. 2. A
new section is added to chapter 77.60 RCW to read as follows:
(1)
The oyster reserve land account is created in the state treasury. All receipts
from revenues from the lease of land or sale of shellfish from oyster reserve
lands must be deposited into the account. Moneys in the account may be spent
only after appropriation. Expenditures from the account may be used only as
provided in this section.
(2)
Funds in the account shall be used for the purposes provided for in this
subsection:
(a)
Up to forty percent for the management expenses incurred by the department that
are directly attributable to the management of the oyster reserve lands and for
the expenses associated with new research and development activities at the Pt.
Whitney and Nahcotta shellfish laboratories managed by the department. As used
in this subsection, "new research and development activities"
includes an emphasis on the control of aquatic nuisance species and burrowing
shrimp;
(b)
Up to ten percent may be deposited into the state general fund; and
(c)
All remaining funds in the account shall be used for the shellfish - on-site
sewage grant program established in section 3 of this act.
NEW
SECTION. Sec. 3. A
new section is added to chapter 90.71 RCW to read as follows:
(1)
The action team shall establish a shellfish - on-site sewage grant program in
Puget Sound and for Pacific and Grays Harbor counties. The action team shall
provide funds to local health jurisdictions to be used as grants to individuals
for improving their on-site sewage systems. The grants may be provided only in
areas that have the potential to adversely affect water quality in commercial
and recreational shellfish growing areas. A recipient of a grant shall enter
into an agreement with the appropriate local health jurisdiction to maintain
the improved on-site sewage system according to specifications required by the
local health jurisdiction. The action team shall work closely with local
health jurisdictions and shall endeavor to attain geographic equity between
Willapa Bay and the Puget Sound when making funds available under this
program. For the purposes of this subsection, "geographic equity"
means issuing on-site sewage grants at a level that matches the funds generated
from the oyster reserve lands in that area.
(2)
In the Puget Sound, the action team shall give first priority to areas that
are:
(a)
Identified as "areas of special concern" under WAC 246-272-01001; or
(b)
Included within a shellfish protection district under chapter 90.72 RCW.
(3)
In Grays Harbor and Pacific counties, the action team shall give first priority
to preventing the deterioration of water quality in areas where commercial or
recreational shellfish are grown.
(4)
The action team and each participating local health jurisdiction shall enter
into a memorandum of understanding that will establish an applicant income
eligibility requirement for individual grant applicants from within the
jurisdiction and other mutually agreeable terms and conditions of the grant
program.
(5)
The action team may recover the costs to administer this program not to exceed
ten percent of the shellfish - on-site sewage grant program.
(6)
For the 2001-2003 biennium, the action team may use up to fifty percent of the
shellfish - on-site sewage grant program funds for grants to local health
jurisdictions to establish areas of special concern under WAC 246-272-01001, or
for operation and maintenance programs therein, where commercial and
recreational uses are present.
Sec.
4. RCW
79.96.110 and 2000 c 11 s 30 are each amended to read as follows:
(1)
In ((case the director of)) the event that the fish and wildlife commission
approves the vacation of the whole or any part of ((said)) a
reserve, the department of natural resources may vacate and offer for lease
such parts or all of ((said)) the reserve as it deems to be for
the best interest of the state, and all moneys received for the lease of such
lands shall be paid to the department of natural resources((: PROVIDED,
That nothing in RCW 79.96.090 through 79.96.110 shall be construed as
authorizing the lease of any tidelands which have heretofore, or which may hereafter,
be set aside as)).
(2)
Notwithstanding RCW 77.60.020, subsection (1) of this section, or any other
provision of state law, the state oyster reserves in Eld Inlet, Hammersley
Inlet, or Totten Inlet, situated in Mason or Thurston counties((: PROVIDED
FURTHER, That any portion of Plat 138, Clifton's Oyster Reserve, which has
already been vacated, may be leased by the department)) shall
permanently be designated as state oyster reserve lands.
Sec.
5. RCW
43.84.092 and 2000 2nd sp.s. c 4 s 5 are each amended to read as follows:
(1)
All earnings of investments of surplus balances in the state treasury shall be
deposited to the treasury income account, which account is hereby established
in the state treasury.
(2)
The treasury income account shall be utilized to pay or receive funds
associated with federal programs as required by the federal cash management
improvement act of 1990. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for refunds or
allocations of interest earnings required by the cash management improvement
act. Refunds of interest to the federal treasury required under the cash
management improvement act fall under RCW 43.88.180 and shall not require
appropriation. The office of financial management shall determine the amounts
due to or from the federal government pursuant to the cash management
improvement act. The office of financial management may direct transfers of
funds between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or allocations
shall occur prior to the distributions of earnings set forth in subsection (4)
of this section.
(3)
Except for the provisions of RCW 43.84.160, the treasury income account may be
utilized for the payment of purchased banking services on behalf of treasury
funds including, but not limited to, depository, safekeeping, and disbursement
functions for the state treasury and affected state agencies. The treasury
income account is subject in all respects to chapter 43.88 RCW, but no
appropriation is required for payments to financial institutions. Payments
shall occur prior to distribution of earnings set forth in subsection (4) of
this section.
(4)
Monthly, the state treasurer shall distribute the earnings credited to the
treasury income account. The state treasurer shall credit the general fund
with all the earnings credited to the treasury income account except:
(a)
The following accounts and funds shall receive their proportionate share of
earnings based upon each account's and fund's average daily balance for the
period: The capitol building construction account, the Cedar River channel
construction and operation account, the Central Washington University capital
projects account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county criminal
justice assistance account, the county sales and use tax equalization account,
the data processing building construction account, the deferred compensation
administrative account, the deferred compensation principal account, the
department of retirement systems expense account, the drinking water assistance
account, the Eastern Washington University capital projects account, the
education construction fund, the emergency reserve fund, the federal forest
revolving account, the health services account, the public health services
account, the health system capacity account, the personal health services
account, the state higher education construction account, the higher education
construction account, the highway infrastructure account, the industrial
insurance premium refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement principal account,
the local leasehold excise tax account, the local real estate excise tax
account, the local sales and use tax account, the medical aid account, the
mobile home park relocation fund, the multimodal transportation account, the
municipal criminal justice assistance account, the municipal sales and use tax
equalization account, the natural resources deposit account, the oyster
reserve land account, the perpetual surveillance and maintenance account,
the public employees' retirement system plan 1 account, the public employees'
retirement system plan 2 account, the Puyallup tribal settlement account, the
resource management cost account, the site closure account, the special
wildlife account, the state employees' insurance account, the state employees'
insurance reserve account, the state investment board expense account, the
state investment board commingled trust fund accounts, the supplemental pension
account, the teachers' retirement system plan 1 account, the teachers'
retirement system combined plan 2 and plan 3 account, the tobacco prevention
and control account, the tobacco settlement account, the transportation
infrastructure account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building account,
the volunteer fire fighters' and reserve officers' relief and pension principal
fund, the volunteer fire fighters' and reserve officers' administrative fund,
the Washington judicial retirement system account, the Washington law
enforcement officers' and fire fighters' system plan 1 retirement account, the
Washington law enforcement officers' and fire fighters' system plan 2
retirement account, the Washington school employees' retirement system combined
plan 2 and 3 account, the Washington state health insurance pool account, the
Washington state patrol retirement account, the Washington State University
building account, the Washington State University bond retirement fund, the
water pollution control revolving fund, and the Western Washington University
capital projects account. Earnings derived from investing balances of the
agricultural permanent fund, the normal school permanent fund, the permanent common
school fund, the scientific permanent fund, and the state university permanent
fund shall be allocated to their respective beneficiary accounts. All earnings
to be distributed under this subsection (4)(a) shall first be reduced by the
allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b)
The following accounts and funds shall receive eighty percent of their
proportionate share of earnings based upon each account's or fund's average
daily balance for the period: The aeronautics account, the aircraft search and
rescue account, the county arterial preservation account, the department of
licensing services account, the essential rail assistance account, the ferry
bond retirement fund, the grade crossing protective fund, the high capacity
transportation account, the highway bond retirement fund, the highway safety
account, the motor vehicle fund, the motorcycle safety education account, the
pilotage account, the public transportation systems account, the Puget Sound
capital construction account, the Puget Sound ferry operations account, the
recreational vehicle account, the rural arterial trust account, the safety and
education account, the special category C account, the state patrol highway
account, the transportation equipment fund, the transportation fund, the
transportation improvement account, the transportation improvement board bond
retirement account, and the urban arterial trust account.
(5)
In conformance with Article II, section 37 of the state Constitution, no
treasury accounts or funds shall be allocated earnings without the specific
affirmative directive of this section.
Sec.
6. RCW
43.84.092 and 2000 2nd sp.s. c 4 s 6 are each amended to read as follows:
(1)
All earnings of investments of surplus balances in the state treasury shall be
deposited to the treasury income account, which account is hereby established
in the state treasury.
(2)
The treasury income account shall be utilized to pay or receive funds
associated with federal programs as required by the federal cash management
improvement act of 1990. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for refunds or
allocations of interest earnings required by the cash management improvement
act. Refunds of interest to the federal treasury required under the cash
management improvement act fall under RCW 43.88.180 and shall not require
appropriation. The office of financial management shall determine the amounts
due to or from the federal government pursuant to the cash management
improvement act. The office of financial management may direct transfers of
funds between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or allocations
shall occur prior to the distributions of earnings set forth in subsection (4)
of this section.
(3)
Except for the provisions of RCW 43.84.160, the treasury income account may be
utilized for the payment of purchased banking services on behalf of treasury
funds including, but not limited to, depository, safekeeping, and disbursement
functions for the state treasury and affected state agencies. The treasury
income account is subject in all respects to chapter 43.88 RCW, but no
appropriation is required for payments to financial institutions. Payments
shall occur prior to distribution of earnings set forth in subsection (4) of
this section.
(4)
Monthly, the state treasurer shall distribute the earnings credited to the treasury
income account. The state treasurer shall credit the general fund with all the
earnings credited to the treasury income account except:
(a)
The following accounts and funds shall receive their proportionate share of
earnings based upon each account's and fund's average daily balance for the
period: The capitol building construction account, the Cedar River channel
construction and operation account, the Central Washington University capital
projects account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county criminal
justice assistance account, the county sales and use tax equalization account,
the data processing building construction account, the deferred compensation
administrative account, the deferred compensation principal account, the
department of retirement systems expense account, the drinking water assistance
account, the Eastern Washington University capital projects account, the
education construction fund, the emergency reserve fund, the federal forest
revolving account, the health services account, the public health services
account, the health system capacity account, the personal health services
account, the state higher education construction account, the higher education
construction account, the highway infrastructure account, the industrial
insurance premium refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement principal account,
the local leasehold excise tax account, the local real estate excise tax
account, the local sales and use tax account, the medical aid account, the
mobile home park relocation fund, the multimodal transportation account, the
municipal criminal justice assistance account, the municipal sales and use tax
equalization account, the natural resources deposit account, the oyster
reserve land account, the perpetual surveillance and maintenance account,
the public employees' retirement system plan 1 account, the public employees' retirement
system combined plan 2 and plan 3 account, the Puyallup tribal settlement
account, the resource management cost account, the site closure account, the
special wildlife account, the state employees' insurance account, the state
employees' insurance reserve account, the state investment board expense
account, the state investment board commingled trust fund accounts, the
supplemental pension account, the teachers' retirement system plan 1 account,
the teachers' retirement system combined plan 2 and plan 3 account, the tobacco
prevention and control account, the tobacco settlement account, the
transportation infrastructure account, the tuition recovery trust fund, the
University of Washington bond retirement fund, the University of Washington
building account, the volunteer fire fighters' and reserve officers' relief and
pension principal fund, the volunteer fire fighters' and reserve officers'
administrative fund, the Washington judicial retirement system account, the
Washington law enforcement officers' and fire fighters' system plan 1
retirement account, the Washington law enforcement officers' and fire fighters'
system plan 2 retirement account, the Washington school employees' retirement
system combined plan 2 and 3 account, the Washington state health insurance
pool account, the Washington state patrol retirement account, the Washington
State University building account, the Washington State University bond
retirement fund, the water pollution control revolving fund, and the Western
Washington University capital projects account. Earnings derived from
investing balances of the agricultural permanent fund, the normal school
permanent fund, the permanent common school fund, the scientific permanent
fund, and the state university permanent fund shall be allocated to their
respective beneficiary accounts. All earnings to be distributed under this
subsection (4)(a) shall first be reduced by the allocation to the state
treasurer's service fund pursuant to RCW 43.08.190.
(b)
The following accounts and funds shall receive eighty percent of their
proportionate share of earnings based upon each account's or fund's average
daily balance for the period: The aeronautics account, the aircraft search and
rescue account, the county arterial preservation account, the department of
licensing services account, the essential rail assistance account, the ferry
bond retirement fund, the grade crossing protective fund, the high capacity
transportation account, the highway bond retirement fund, the highway safety
account, the motor vehicle fund, the motorcycle safety education account, the
pilotage account, the public transportation systems account, the Puget Sound
capital construction account, the Puget Sound ferry operations account, the
recreational vehicle account, the rural arterial trust account, the safety and
education account, the special category C account, the state patrol highway
account, the transportation equipment fund, the transportation fund, the
transportation improvement account, the transportation improvement board bond
retirement account, and the urban arterial trust account.
(5)
In conformance with Article II, section 37 of the state Constitution, no
treasury accounts or funds shall be allocated earnings without the specific
affirmative directive of this section.
NEW
SECTION. Sec. 7.
Section 5 of this act expires March 1, 2002.
NEW
SECTION. Sec. 8.
Section 6 of this act takes effect March 1, 2002.
