BILL REQ. #: H-2369.1
State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 03/10/03.
AN ACT Relating to watershed planning; amending RCW 90.82.040, 90.82.130, 90.82.060, 90.82.090, 90.82.120, and 77.85.050; reenacting and amending RCW 77.85.130; adding new sections to chapter 90.82 RCW; adding new sections to chapter 90.54 RCW; adding a new section to chapter 90.48 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 90.82.040 and 2001 c 237 s 2 are each amended to read
as follows:
(1) Once a WRIA planning unit has been initiated under RCW
90.82.060 and a lead agency has been designated, it shall notify the
department and may apply to the department for funding assistance for
conducting the planning and providing coordination and oversight of the
implementation of the plan. Funds shall be provided from and to the
extent of appropriations made by the legislature to the department
expressly for this purpose.
(2)(a) Each planning unit that has complied with subsection (1) of
this section is eligible to receive watershed planning grants in the
following amounts for the first three phases of watershed planning and
phase four watershed plan implementation coordination and oversight:
(i) Initiating governments may apply for an initial organizing
grant of up to fifty thousand dollars for a single WRIA or up to
seventy-five thousand dollars for a multi-WRIA management area in
accordance with RCW 90.82.060(4);
(ii)(A) A planning unit may apply for up to two hundred thousand
dollars for each WRIA in the management area for conducting watershed
assessments in accordance with RCW 90.82.070, except that a planning
unit that chooses to conduct a detailed assessment or studies under
(a)(ii)(B) of this subsection or whose initiating governments choose or
have chosen to include an instream flow or water quality component in
accordance with RCW 90.82.080 or 90.82.090 may apply for up to one
hundred thousand additional dollars for each instream flow and up to
one hundred thousand additional dollars for each water quality
component included for each WRIA to conduct an assessment on that
optional component and for each WRIA in which the assessments or
studies under (a)(ii)(B) of this subsection are conducted.
(B) A planning unit may elect to apply for up to one hundred
thousand additional dollars to conduct a detailed assessment of
multipurpose water storage opportunities or for studies of specific
multipurpose storage projects which opportunities or projects are
consistent with and support the other elements of the planning unit's
watershed plan developed under this chapter; and
(iii) A planning unit may apply for up to two hundred fifty
thousand dollars for each WRIA in the management area for developing a
watershed plan and making recommendations for actions by local, state,
and federal agencies, tribes, private property owners, private
organizations, and individual citizens, including a recommended list of
strategies and projects that would further the purpose of the plan in
accordance with RCW 90.82.060 through 90.82.100.
(b) A planning unit may request a different amount for phase two or
phase three of watershed planning than is specified in (a) of this
subsection, provided that the total amount of funds awarded do not
exceed the maximum amount the planning unit is eligible for under (a)
of this subsection. The department shall approve such an alternative
allocation of funds if the planning unit identifies how the proposed
alternative will meet the goals of this chapter and provides a proposed
timeline for the completion of planning. However, the up to one
hundred thousand additional dollars in funding for instream flow and
water quality components and for water storage assessments or studies
that a planning unit may apply for under (a)(ii)(A) of this subsection
may be used only for those instream flow, water quality, and water
storage purposes.
(c) By December 1, 2001, or within one year of initiating phase one
of watershed planning, whichever occurs later, the initiating
governments for each planning unit must inform the department whether
they intend to have the planning unit establish or amend instream flows
as part of its planning process. If they elect to have the planning
unit establish or amend instream flows, the planning unit is eligible
to receive one hundred thousand dollars for that purpose in accordance
with (a)(ii) of this subsection. If the initiating governments for a
planning unit elect not to establish or amend instream flows as part of
the unit's planning process, the department shall retain one hundred
thousand dollars to carry out an assessment to support establishment of
instream flows and to establish such flows in accordance with RCW
90.54.020(3)(a) and chapter 90.22 RCW. The department shall not use
these funds to amend an existing instream flow unless requested to do
so by the initiating governments for a planning unit.
(d) In administering funds appropriated for supplemental funding
for optional plan components under (a)(ii) of this subsection, the
department shall give priority in granting the available funds to
proposals for setting or amending instream flows.
(e) A planning unit may apply for a matching grant for phase four
coordination and oversight of watershed plan implementation. A match
of ten to twenty-five percent is required and may include financial
contributions or in-kind goods and services directly related to
coordination and oversight functions. The match can be provided by the
planning unit or by the combined commitments from federal agencies,
tribal governments, local governments, special districts, or other
local organizations. The phase four grant may be up to one hundred
thousand dollars for each planning unit for the first three years of
implementation. At the end of the three-year period, a two-year
extension may be available for up to fifty thousand dollars each year.
For planning units that cover more than one WRIA, additional matching
funds of up to twenty-five thousand dollars may be available for each
additional WRIA per year for the first three years of implementation,
and up to twelve thousand five hundred dollars per WRIA per year for
each of the fourth and fifth years.
(3)(a) The department shall use the eligibility criteria in this
subsection (3) instead of rules, policies, or guidelines when
evaluating grant applications at each stage of the grants program.
(b) In reviewing grant applications under this subsection (3), the
department shall evaluate whether:
(i) The planning unit meets all of the requirements of this
chapter;
(ii) The application demonstrates a need for state planning funds
to accomplish the objectives of the planning process; and
(iii) The application and supporting information evidences a
readiness to proceed.
(c) In ranking grant applications submitted at each stage of the
grants program, the department shall give preference to applications in
the following order of priority:
(i) Applications from existing planning groups that have been in
existence for at least one year;
(ii) Applications that address protection and enhancement of fish
habitat in watersheds that have aquatic fish species listed or proposed
to be listed as endangered or threatened under the federal endangered
species act, 16 U.S.C. Sec. 1531 et seq. and for which there is
evidence of an inability to supply adequate water for population and
economic growth from:
(A) First, multi-WRIA planning; and
(B) Second, single WRIA planning;
(iii) Applications that address protection and enhancement of fish
habitat in watersheds or for which there is evidence of an inability to
supply adequate water for population and economic growth from:
(A) First, multi-WRIA planning; and
(B) Second, single WRIA planning.
(d) Except for phase four watershed plan implementation, the
department may not impose any local matching fund requirement as a
condition for grant eligibility or as a preference for receiving a
grant.
(4) The department may retain up to one percent of funds allocated
under this section to defray administrative costs.
(5) Planning under this chapter should be completed as
expeditiously as possible, with the focus being on local stakeholders
cooperating to meet local needs.
(6) Funding provided under this section shall be considered a
contractual obligation against the moneys appropriated for this
purpose.
Sec. 2 RCW 90.82.130 and 2001 c 237 s 4 are each amended to read
as follows:
(1)(a) Upon completing its proposed watershed plan, the planning
unit may approve the proposal by consensus of all of the members of the
planning unit or by consensus among the members of the planning unit
appointed to represent units of government and a majority vote of the
nongovernmental members of the planning unit.
(b) If the proposal is approved by the planning unit, the unit
shall submit the proposal to the counties with territory within the
management area. If the planning unit has received funding beyond the
initial organizing grant under RCW 90.82.040, such a proposal approved
by the planning unit shall be submitted to the counties within four
years of the date that funds beyond the initial funding are first drawn
upon by the planning unit.
(c) If the watershed plan is not approved by the planning unit, the
planning unit may submit the components of the plan for which agreement
is achieved using the procedure under (a) of this subsection, or the
planning unit may terminate the planning process.
(2)(a) The legislative authority of each of the counties with
territory in the management area shall provide public notice of and
conduct at least one public hearing on the proposed watershed plan
submitted under this section. After the public hearings, the
legislative authorities of these counties shall convene in joint
session to consider the proposal. The counties may approve or reject
the proposed watershed plan for the management area, but may not amend
it. Approval of such a proposal shall be made by a majority vote of
the members of each of the counties with territory in the management
area.
(b) If a proposed watershed plan is not approved, it shall be
returned to the planning unit with recommendations for revisions.
Approval of such a revised proposal by the planning unit and the
counties shall be made in the same manner provided for the original
watershed plan. If approval of the revised plan is not achieved, the
process shall terminate.
(3) The planning unit shall not add an element to its watershed
plan that creates an obligation unless each of the governments to be
obligated has at least one representative on the planning unit and the
respective members appointed to represent those governments agree to
adding the element that creates the obligation. A member's agreeing to
add an element shall be evidenced by a recorded vote of all members of
the planning unit in which the members record support for adding the
element. If the watershed plan is approved under subsections (1) and
(2) of this section and the plan creates obligations: (a) For agencies
of state government, the agencies shall adopt by policy, procedures,
agreements, or rules the obligations of both state and county
governments and procedures or rules implementing the state obligations,
the obligations on state agencies are binding upon adoption of the
obligations ((into rule)), and the agencies shall take other actions to
fulfill their obligations as soon as possible, and should annually
review implementation needs with respect to budget and staffing; ((or))
(b) for counties, the obligations are binding on the counties and the
counties shall adopt any necessary implementing ordinances and take
other actions to fulfill their obligations as soon as possible, and
should annually review implementation needs with respect to budget and
staffing; or (c) for an organization voluntarily accepting an
obligation, the organization must adopt policies, procedures,
agreements, rules, or ordinances to implement the plan, and should
annually review implementation needs with respect to budget and
staffing.
(4) As used in this section, "obligation" means any action required
as a result of this chapter that imposes upon a tribal government,
county government, or state government, either: A fiscal impact; a
redeployment of resources; or a change of existing policy.
(5) The rules and policies of a state agency developed and adopted
under this section for a plan must be developed and adopted under the
negotiated rule-making provisions of RCW 34.05.310(2)(a). The state
agency must notify the planning unit regarding such negotiated rule
making. The entities to be included in the rule making as affected
interests must include, but are not limited to, each member of the
planning unit who notifies the agency in writing that he or she wishes
to participate in the negotiated rule making and who subsequently
participates in it.
NEW SECTION. Sec. 3 A new section is added to chapter 90.82 RCW
to read as follows:
(1) Upon approval of the watershed plan, the role of the planning
unit is to provide coordination and oversight during the implementation
of the plan. This may include a number of interrelated activities,
such as seeking funding; tracking progress towards implementation
milestones; making adjustments to respond to new information and
changing conditions; coordinating the many implementation actions being
performed by different organizations in the watershed; and responding
to local needs and concerns as expressed by elected officials,
stakeholders, and the public. Supporting activities also include
public outreach and education; long-term monitoring activities and
associated research; data management; and program evaluation.
(2) The planning unit must provide for periodic review of approved
watershed plans and consider recommending amendments if needed. A
proposed amendment to a plan must be approved by a planning unit and by
the county legislative authority or authorities in the same manner
prescribed for approving a plan under RCW 90.82.130. Once approved,
the obligations voluntarily accepted by implementing agencies become
binding as provided in RCW 90.82.130.
(3) No plan approved under this chapter and no amendment to such a
plan approved under this chapter may be amended by the department under
RCW 90.54.040(1). This subsection shall not be construed as limiting
the authority of the department to adopt instream flows by rule as
provided in this chapter or under chapter 90.54 RCW.
(4) Within one year of accepting funding for plan coordination and
oversight, the planning unit must complete a detailed implementation
plan. An implementation plan must clearly define coordination and
oversight responsibilities; any needed interlocal agreements, rules, or
ordinances; specific funding mechanisms; and timelines for carrying out
the actions included in the plan. The implementation plan must include
coordination of salmon recovery projects with lead entities working
under chapter 246, Laws of 1998. Submittal of a detailed
implementation plan to the department is a condition for receiving
grants for the second and all subsequent years of the phase four grant.
Sec. 4 RCW 90.82.060 and 2001 c 229 s 1 are each amended to read
as follows:
(1) Planning conducted under this chapter must provide for a
process to allow the local citizens within a WRIA or multi-WRIA area to
join together in an effort to: (a) Assess the status of the water
resources of their WRIA or multi-WRIA area; and (b) determine how best
to manage the water resources of the WRIA or multi-WRIA area to balance
the competing resource demands for that area within the parameters
under RCW 90.82.120.
(2) Watershed planning under this chapter may be initiated for a
WRIA only with the concurrence of: (a) All counties within the WRIA;
(b) the largest city or town within the WRIA unless the WRIA does not
contain a city or town; and (c) the water supply utility obtaining the
largest quantity of water from the WRIA or, for a WRIA with lands
within the Columbia Basin project, the water supply utility obtaining
from the Columbia Basin project the largest quantity of water for the
WRIA. To apply for a grant for organizing the planning unit as
provided for under RCW 90.82.040(2)(a), these entities shall designate
the entity that will serve as the lead agency for the planning effort
and indicate how the planning unit will be staffed.
(3) Watershed planning under this chapter may be initiated for a
multi-WRIA area only with the concurrence of: (a) All counties within
the multi-WRIA area; (b) the largest city or town in each WRIA unless
the WRIA does not contain a city or town; and (c) the water supply
utility obtaining the largest quantity of water in each WRIA.
(4) If entities in subsection (2) or (3) of this section decide
jointly and unanimously to proceed, they shall invite all tribes with
reservation lands within the management area.
(5) The entities in subsection (2) or (3) of this section,
including the tribes if they affirmatively accept the invitation,
constitute the initiating governments for the purposes of this section.
(6) The organizing grant shall be used to organize the planning
unit and to determine the scope of the planning to be conducted. In
determining the scope of the planning activities, consideration shall
be given to all existing plans and related planning activities. The
scope of planning must include water quantity elements as provided in
RCW 90.82.070, and may include water quality elements as contained in
RCW 90.82.090, habitat elements as contained in RCW 90.82.100, and
instream flow elements as contained in RCW 90.82.080. The initiating
governments shall work with state government, other local governments
within the management area, and affected tribal governments, in
developing a planning process. The initiating governments may hold
public meetings as deemed necessary to develop a proposed scope of work
and a proposed composition of the planning unit. In developing a
proposed composition of the planning unit, the initiating governments
shall provide for representation of a wide range of water resource
interests.
(7) Each state agency with regulatory or other interests in the
WRIA or multi-WRIA area to be planned shall assist the local citizens
in the planning effort to the greatest extent practicable, recognizing
any fiscal limitations. In providing such technical assistance and to
facilitate representation on the planning unit, state agencies may
organize and agree upon their representation on the planning unit.
Such technical assistance must only be at the request of and to the
extent desired by the planning unit conducting such planning. The
number of state agency representatives on the planning unit shall be
determined by the initiating governments in consultation with the
governor's office.
(8) As used in this section, "lead agency" means the entity that
coordinates staff support of its own or of other local governments and
receives grants under RCW 90.82.130 for developing and for
implementation coordination and oversight of a watershed plan.
NEW SECTION. Sec. 5 A new section is added to chapter 90.82 RCW
to read as follows:
The state's water laws contain provisions, such as those in section
15, chapter . . ., Laws of 2003 (section 15 of SHB 1338), that grant
greater flexibility in the use of water rights in watersheds or WRIA's
for which certain comprehensive plans have been approved and that grant
further flexibility as elements of the plans are implemented and the
objectives of those elements are achieved. Sections 6 and 7 of this
act identify the components of a watershed plan approved under this
chapter that are needed to secure that flexibility for water use within
a WRIA. Developing plans that satisfy the requirements of sections 6
and 7 of this act is not required for all planning conducted under this
chapter. Developing, approving, and implementing such plans are simply
means of receiving the authority to use this increased flexibility
within a WRIA.
NEW SECTION. Sec. 6 A new section is added to chapter 90.82 RCW
to read as follows:
Each plan developed under this chapter to satisfy the objectives of
section 5 of this act must contain strategies for achieving the
following water resource objectives:
(1) Providing sufficient water for productive agriculture;
(2) Providing sufficient water for commercial, industrial, and
residential use; and
(3) Providing sufficient water for instream flows.
Such a plan must include timelines for achieving these three
objectives and interim milestones for measuring progress in achieving
the objectives. Such a plan must also identify the state and local
administrative approvals and permits that must be secured to achieve
these objectives.
NEW SECTION. Sec. 7 A new section is added to chapter 90.82 RCW
to read as follows:
The strategies developed under this chapter to satisfy the
objectives of section 6(3) of this act must include, but are not
limited to, the identification of:
(1) How stream flows that satisfy the instream flows established by
rule in the WRIA are to be achieved;
(2) Timelines for achieving these stream flows;
(3) How progress is to be measured for achieving the flows and
interim milestones for measuring that progress;
(4) How any limiting factors regarding stream flows or water supply
that have been identified for salmon in analyses conducted under RCW
77.85.060 are to be overcome;
(5) How progress in overcoming these limiting factors is to be
measured and interim milestones for measuring that progress; and
(6) How the strategies developed under this section are to be
coordinated with the activities and habitat project lists of lead
entities and committees conducted and developed under RCW 77.85.050.
NEW SECTION. Sec. 8 A new section is added to chapter 90.82 RCW
to read as follows:
The department and all other state agencies shall do their utmost
to grant, within the discretion they have under other statutes, the
approvals and permits needed to implement any plan approved under this
chapter. State agencies and divisions within the department shall
identify to the director of the department instances in which granting
such approvals or permits is not within their authority and the changes
in statute that would allow them to grant the approvals. By December
31, 2003, and by December 31st of each year thereafter, the director of
the department shall report to the appropriate standing committees of
the legislature and to the governor on the statutory changes that would
be necessary to provide the state agency approvals and permits
identified under this section.
NEW SECTION. Sec. 9 A new section is added to chapter 90.54 RCW
to read as follows:
(1) The state's water laws contain provisions, such as those in
section 15, chapter . . ., Laws of 2003 (section 15 of SHB 1338), that
grant greater flexibility in the use of water rights in watersheds for
which certain comprehensive plans have been adopted and that grant
further flexibility as elements of the plans are implemented and the
objectives of those elements are achieved. This section identifies the
components of a watershed plan adopted under this chapter that are
needed to secure that flexibility for water use within a watershed.
Developing plans that satisfy the requirements of this section is not
required for a watershed, however, developing, approving, and
implementing such plans are means of receiving the authority to use
this increased flexibility within a watershed.
(2) When a comprehensive water resource program is developed in
segments under RCW 90.54.040(1) to develop a watershed plan that
satisfies the objectives of subsection (1) of this section, the
watershed planning shall be conducted through local planning groups
that represent at least the diversity of interests required for
planning conducted under chapter 90.82 RCW. Any plan developed under
this section shall include, but is not limited to, the water supply and
use assessment and strategies for future use required for planning
conducted under chapter 90.82 RCW by RCW 90.82.070 and the following:
(a) Strategies for achieving the water resource objectives listed
in section 6 of this act;
(b) Timelines for achieving each of the objectives listed in
section 6 of this act and interim milestones for measuring progress in
achieving the objectives;
(c) The state and local administrative approvals and permits that
must be secured to achieve the objectives listed in section 6 of this
act;
(d) The elements of the strategies listed in section 7 of this act;
and
(e) An identification of the state and local administrative
approvals and permits that must be secured to achieve the objectives
listed in section 6 of this act.
(3) The department and all other state agencies shall do their
utmost to grant, within the discretion they have under other statutes,
the approvals and permits needed to implement any plan approved under
this section. State agencies and divisions within the department shall
identify to the director of the department instances in which granting
such approvals or permits is not within their authority and the changes
in statute that would allow them to grant the approvals. The director
shall include within the report required by section 8 of this act the
director's recommendations for changes in statutes from those
identified under this section.
NEW SECTION. Sec. 10 A new section is added to chapter 90.54 RCW
to read as follows:
The authority granted by RCW 90.54.040(1) for the department to
develop a comprehensive water resource program in segments shall not be
used to amend, rescind, or augment any plan or amendment approved under
chapter 90.82 RCW except with regard to establishing instream flows by
rule.
NEW SECTION. Sec. 11 A new section is added to chapter 90.48 RCW
to read as follows:
This section applies to any work conducted by the department for
determining or allocating total maximum daily loads for approval by the
United States environmental protection agency under the federal clean
water act (33 U.S.C. Sec. 1251 et seq.). The department shall design
its work schedule and plan for conducting such activities in a manner
that facilitates the involvement of watershed planning units conducting
planning under RCW 90.82.090. As a minimum, the department shall:
(1) Schedule its work so that the involvement of planning units
under subsection (3) of this section is possible under the work
schedules established or likely to be established for the units to
implement RCW 90.82.090;
(2) Arrange its longer-term work schedule in a way that allows
initiating governments to know that their choice to require a water
quality component under RCW 90.82.090 or to initiate planning under RCW
90.82.060(7) would include the involvement of their planning unit under
subsection (3) of this section; and
(3) Designate the planning units conducting planning under RCW
90.82.090 as the local advisory bodies to be used, consistent with
section 12 of this act, when the department conducts total maximum
daily load activities in any portion of the area for which the unit is
conducting such planning. This requirement does not apply to
activities regarding an allocation of total maximum daily load for a
body of water if the allocation is submitted by the department to the
United States environmental protection agency for approval under the
federal clean water act before or within six months of the effective
date of this section.
NEW SECTION. Sec. 12 A new section is added to chapter 90.82 RCW
to read as follows:
A planning unit conducting planning under RCW 90.82.090 may choose
to assign the responsibility of being the local advisory body for total
maximum daily load activities under section 11 of this act to: The
members of the planning unit, as a whole, except those representing
state agencies; some portion of the membership of the planning unit,
other than the members representing state agencies; or any combination
it may choose of its membership, other than state agency
representatives, and any additional individuals it may choose who agree
to participate.
Sec. 13 RCW 90.82.090 and 1998 c 247 s 5 are each amended to read
as follows:
If the initiating governments choose to include a water quality
component, the watershed plan shall include the following elements:
(1) An examination based on existing studies conducted by federal,
state, and local agencies of the degree to which legally established
water quality standards are being met in the management area;
(2) An examination based on existing studies conducted by federal,
state, and local agencies of the causes of water quality violations in
the management area, including an examination of information regarding
pollutants, point and nonpoint sources of pollution, and pollution-carrying capacities of water bodies in the management area. The
analysis shall take into account seasonal stream flow or level
variations, natural events, and pollution from natural sources that
occurs independent of human activities;
(3) An examination of the legally established characteristic uses
of each of the nonmarine bodies of water in the management area;
(4) An examination of any total maximum daily load established for
nonmarine bodies of water in the management area((, unless a total
maximum daily load process has begun in the management area as of the
date the watershed planning process is initiated under RCW 90.82.060));
(5) An examination of existing data related to the impact of fresh
water on marine water quality;
(6) A recommended approach for implementing the total maximum daily
load established for achieving compliance with water quality standards
for the nonmarine bodies of water in the management area((, unless a
total maximum daily load process has begun in the management area as of
the date the watershed planning process is initiated under RCW
90.82.060)); and
(7) Recommended means of monitoring by appropriate government
agencies whether actions taken to implement the approach to bring about
improvements in water quality are sufficient to achieve compliance with
water quality standards.
This chapter does not obligate the state to undertake analysis or
to develop strategies required under the federal clean water act (33
U.S.C. Sec. 1251 et seq.). This chapter does not authorize any
planning unit, lead agency, or local government to adopt water quality
standards or total maximum daily loads under the federal clean water
act.
Sec. 14 RCW 90.82.120 and 1998 c 247 s 8 are each amended to read
as follows:
(1) Watershed planning developed and approved under this chapter
shall not contain provisions that: (a) Are in conflict with existing
state statutes, federal laws, or tribal treaty rights; (b) impair or
diminish in any manner an existing water right evidenced by a claim
filed in the water rights claims registry established under chapter
90.14 RCW or a water right certificate or permit; (c) require a
modification in the basic operations of a federal reclamation project
with a water right the priority date of which is before June 11, 1998,
or alter in any manner whatsoever the quantity of water available under
the water right for the reclamation project, whether the project has or
has not been completed before June 11, 1998; (d) affect or interfere
with an ongoing general adjudication of water rights; (e) modify or
require the modification of any waste discharge permit issued under
chapter 90.48 RCW; (f) except as provided in RCW 77.85.050(1)(c),
modify or require the modification of activities or actions taken or
intended to be taken under a habitat restoration work schedule
developed under chapter 246, Laws of 1998; or (g) modify or require the
modification of activities or actions taken to protect or enhance fish
habitat if the activities or actions are: (i) Part of an approved
habitat conservation plan and an incidental take permit, an incidental
take statement, a management or recovery plan, or other cooperative or
conservation agreement entered into with a federal or state fish and
wildlife protection agency under its statutory authority for fish and
wildlife protection that addresses the affected habitat; or (ii) part
of a water quality program adopted by an irrigation district under
chapter 87.03 RCW or a board of joint control under chapter 87.80 RCW.
This subsection (1)(g) applies as long as the activities or actions
continue to be taken in accordance with the plan, agreement, permit, or
statement. Any assessment conducted under RCW 90.82.070, 90.82.090, or
90.82.100 shall take into consideration such activities and actions and
those taken under the forest practices rules, including watershed
analysis adopted under the forest practices act, chapter 76.09 RCW.
(2) Watershed planning developed and approved under this chapter
shall not change existing local ordinances or existing state rules or
permits, but may contain recommendations for changing such ordinances
or rules.
(3) Notwithstanding any other provision of this chapter, watershed
planning shall take into account forest practices rules under the
forest practices act, chapter 76.09 RCW, and shall not create any
obligations or restrictions on forest practices additional to or
inconsistent with the forest practices act and its implementing rules,
whether watershed planning is approved by the counties or the
department.
Sec. 15 RCW 77.85.050 and 1999 sp.s. c 13 s 11 are each amended
to read as follows:
(1)(a) Counties, cities, and tribal governments must jointly
designate, by resolution or by letters of support, the area for which
a habitat project list is to be developed and the lead entity that is
to be responsible for submitting the habitat project list. No project
included on a habitat project list shall be considered mandatory in
nature and no private landowner may be forced or coerced into
participation in any respect. The lead entity may be a county, city,
conservation district, special district, tribal government, or other
entity.
(b) The lead entity shall establish a committee that consists of
representative interests of counties, cities, conservation districts,
tribes, environmental groups, business interests, landowners, citizens,
volunteer groups, regional fish enhancement groups, and other habitat
interests. The purpose of the committee is to provide a citizen-based
evaluation of the projects proposed to promote salmon habitat. The
technical review team may provide the lead entity with organizational
models that may be used in establishing the committees.
(c) The committee shall compile a list of habitat projects,
establish priorities for individual projects, define the sequence for
project implementation, and submit these activities as the habitat
project list. In any WRIA for which watershed planning is being
conducted by a planning unit under RCW 90.82.100, the committee and the
lead entity shall share their information regarding the WRIA with the
planning unit, and the committee and the lead entity shall consult with
the planning unit in preparing and in adding activities to the habitat
project list for that WRIA. The committee shall also identify
potential federal, state, local, and private funding sources.
(2) The area covered by the habitat project list must be based, at
a minimum, on a WRIA, combination of WRIAs, or any other area as agreed
to by the counties, cities, and tribes in resolutions or in letters of
support meeting the requirements of this subsection. Preference will
be given to projects in an area that contain a salmon species that is
listed or proposed for listing under the federal endangered species
act.
(3) The lead entity shall submit the habitat project list to the
technical review team in accordance with procedures adopted by the
board.
Sec. 16 RCW 77.85.130 and 2000 c 107 s 102 and 2000 c 15 s 1 are
each reenacted and amended to read as follows:
(1) The salmon recovery funding board shall develop procedures and
criteria for allocation of funds for salmon habitat projects and salmon
recovery activities on a statewide basis to address the highest
priorities for salmon habitat protection and restoration. To the
extent practicable the board shall adopt an annual allocation of
funding. The allocation should address both protection and restoration
of habitat, and should recognize the varying needs in each area of the
state on an equitable basis. The board has the discretion to partially
fund, or to fund in phases, salmon habitat projects. The board may
annually establish a maximum amount of funding available for any
individual project, subject to available funding. No projects required
solely as a mitigation or a condition of permitting are eligible for
funding.
(2)(a) In evaluating, ranking, and awarding funds for projects and
activities the board shall give preference to projects that:
(i) Are based upon the limiting factors analysis identified under
RCW 77.85.060;
(ii) Provide a greater benefit to salmon recovery based upon the
stock status information contained in the department of fish and
wildlife salmonid stock inventory (SASSI), the salmon and steelhead
habitat inventory and assessment project (SSHIAP), and any comparable
science-based assessment when available;
(iii) Will benefit listed species and other fish species; and
(iv) Will preserve high quality salmonid habitat.
(b) In evaluating, ranking, and awarding funds for projects and
activities the board shall also give consideration to projects that:
(i) Are the most cost-effective;
(ii) Have the greatest matched or in-kind funding; and
(iii) Will be implemented by a sponsor with a successful record of
project implementation.
(3) The board may reject, but not add, projects from a habitat
project list submitted by a lead entity for funding. After January 1,
2004, the board shall not provide funding for any project in a WRIA for
which planning is being conducted under RCW 90.82.100 unless the lead
entity as well as the planning unit for the WRIA under chapter 90.82
RCW both certify that the consultation required by RCW 77.85.050(1)(c)
has been conducted for the project.
(4) For fiscal year 2000, the board may authorize the interagency
review team to evaluate, rank, and make funding decisions for
categories of projects or activities or from funding sources provided
for categories of projects or activities. In delegating such authority
the board shall consider the review team's staff resources, procedures,
and technical capacity to meet the purposes and objectives of this
chapter. The board shall maintain general oversight of the team's
exercise of such authority.
(5) The board shall seek the guidance of the technical review team
to ensure that scientific principles and information are incorporated
into the allocation standards and into proposed projects and
activities. If the technical review team determines that a habitat
project list complies with the critical pathways methodology under RCW
77.85.060, it shall provide substantial weight to the list's project
priorities when making determinations among applications for funding of
projects within the area covered by the list.
(6) The board shall establish criteria for determining when block
grants may be made to a lead entity or other recognized regional
recovery entity consistent with one or more habitat project lists
developed for that region. Where a lead entity has been established
pursuant to RCW 77.85.050, the board may provide grants to the lead
entity to assist in carrying out lead entity functions under this
chapter, subject to available funding. The board shall determine an
equitable minimum amount of funds for each region, and shall distribute
the remainder of funds on a competitive basis.
(7) The board may waive or modify portions of the allocation
procedures and standards adopted under this section in the award of
grants or loans to conform to legislative appropriations directing an
alternative award procedure or when the funds to be awarded are from
federal or other sources requiring other allocation procedures or
standards as a condition of the board's receipt of the funds. The
board shall develop an integrated process to manage the allocation of
funding from federal and state sources to minimize delays in the award
of funding while recognizing the differences in state and legislative
appropriation timing.
(8) The board may award a grant or loan for a salmon recovery
project on private or public land when the landowner has a legal
obligation under local, state, or federal law to perform the project,
when expedited action provides a clear benefit to salmon recovery, and
there will be harm to salmon recovery if the project is delayed. For
purposes of this subsection, a legal obligation does not include a
project required solely as a mitigation or a condition of permitting.
(9) The board may condition a grant or loan to include the
requirement that property may only be transferred to a federal agency
if the agency that will acquire the property agrees to comply with all
terms of the grant or loan to which the project sponsor was obligated.
Property acquired or improved by a project sponsor may be conveyed to
a federal agency, but only if the agency agrees to comply with all
terms of the grant or loan to which the project sponsor was obligated.
NEW SECTION. Sec. 17 The legislature does not intend to
appropriate additional funds for the implementation of this act and
expects all affected state agencies to implement this act's provisions
within existing funds.
NEW SECTION. Sec. 18 Headings used in this act are not any part
of the law.