BILL REQ. #: H-4545.1
| State of Washington | 58th Legislature | 2004 Regular Session |
READ FIRST TIME 02/02/04.
AN ACT Relating to reaffirming the role of the state conservation commission; amending RCW 89.08.030, 89.08.040, 89.08.050, 89.08.060, 89.08.070, 89.08.450, 89.08.460, 89.08.470, 89.08.480, 89.08.490, 89.08.500, 89.08.510, 89.08.520, 89.08.530, 89.08.540, 89.08.010, 89.08.020, 89.08.080, 89.08.090, 89.08.100, 89.08.110, 89.08.120, 89.08.130, 89.08.140, 89.08.150, 89.08.160, 89.08.170, 89.08.180, 89.08.185, 89.08.190, 89.08.200, 89.08.210, 89.08.215, 89.08.220, 89.08.341, 89.08.350, 89.08.360, 89.08.370, 89.08.390, 89.08.391, 89.08.400, 89.08.410, 35.63.230, 35A.63.250, 36.70.992, 36.70A.460, 43.21C.0382, 43.30.480, 77.55.210, 90.48.430, 90.58.515, and 90.71.020; adding new sections to chapter 89.08 RCW; adding a new chapter to Title 43 RCW; creating a new section; and recodifying RCW 89.08.030, 89.08.040, 89.08.050, 89.08.060, 89.08.070, 89.08.450, 89.08.460, 89.08.470, 89.08.480, 89.08.490, 89.08.500, 89.08.510, 89.08.520, 89.08.530, and 89.08.540.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Commission" means the Washington state conservation commission
created in section 2 of this act.
(2) "District" or "conservation district" means a governmental
subdivision of this state created according to chapter 89.08 RCW.
(3) "Board" and "supervisors" mean the board of supervisors of a
conservation district.
(4) "Land occupier" or "occupier of land" has the same meaning as
in RCW 89.08.020.
(5) "District elector" or "voter" has the same meaning as in RCW
89.08.020.
(6) "Renewable natural resources," "natural resources," or
"resources" has the same meaning as in RCW 89.08.020.
(7) "Conservation" has the same meaning as in RCW 89.08.020.
(8) "Farm and agricultural land" has the same meaning as in RCW
89.08.020.
Sec. 2 RCW 89.08.030 and 1987 c 180 s 1 are each amended to read
as follows:
(1) There is hereby established to serve as an agency of the state
((and)) the state conservation commission. The commission is
authorized to perform the functions conferred upon it by law((,)). The
((state conservation)) commission((, which)) shall succeed to all
powers, duties and property of the state soil and water conservation
committee.
(2) The commission shall consist of ten members, five of whom are
ex officio. Two members shall be appointed by the governor((, one of
whom shall be a landowner or operator of a farm. At least two of the
three elected members shall be landowners or operators of a farm and
shall be elected as herein provided)). Three members shall be elected
as provided in subsection (4) of this section.
(3) At least one of the appointed members shall be a landowner or
operator of a farm. The appointed members shall serve for a term of
four years.
(4) At least two of the three elected members shall be landowners
or operators of a farm. The three elected members shall be elected for
three-year terms, with one ((shall be)) elected each year by the
district supervisors at their annual statewide meeting. One of the
members shall reside in eastern Washington, one in central Washington
and one in western Washington, with the specific boundaries to be
determined by district supervisors. ((At the first such election, the
term of the member from western Washington shall be one year, central
Washington two years and eastern Washington three years, and successors
shall be elected for three years.))
(5) Unexpired term vacancies in the office of appointed commission
members shall be filled by appointment by the governor in the same
manner as full-term appointments. Unexpired terms of elected
commission members shall be filled by the regional vice president of
the Washington association of conservation districts who is serving
that part of the state where the vacancy occurs, ((such)) for a term to
continue only until district supervisors can fill the unexpired term by
electing the commission member.
(6) The director of the department of ecology, the director of the
department of agriculture, the commissioner of public lands, the
president of the Washington association of conservation districts, and
the dean of the college of agriculture at Washington State University
shall be ex officio members of the commission. An ex officio member of
the commission shall hold office so long as he or she retains the
office by virtue of which he or she is a member of the commission. Ex
officio members may delegate their authority.
(7) The commission may invite appropriate officers of cooperating
organizations((,)) and state and federal agencies to serve as advisers
to the conservation commission.
Sec. 3 RCW 89.08.040 and 1984 c 287 s 112 are each amended to
read as follows:
(1) Members of the commission shall be compensated in accordance
with RCW 43.03.240 and shall be entitled to travel expenses in
accordance with RCW 43.03.050 and 43.03.060 incurred in the discharge
of their duties.
(2) The commission shall keep a record of its official actions,
shall adopt a seal, which shall be judicially noticed, and may perform
such acts, hold such public hearings, and promulgate such rules and
regulations as may be necessary for the execution of its functions
under this chapter ((184, Laws of 1973 1st ex. sess)).
(3) The state department of ecology is empowered to pay the travel
expenses of the elected and appointed members of the ((state
conservation)) commission, and the salaries, wages and other expenses
of such administrative officers or other employees as may be required
under the provisions of this chapter.
Sec. 4 RCW 89.08.050 and 1973 1st ex.s. c 184 s 6 are each
amended to read as follows:
(1) The commission may employ an administrative officer((,)) and
such temporary or permanent technical experts and ((such)) other agents
and employees((, permanent and temporary)) as it may require((, and)).
The commission shall determine ((their)) the qualifications, duties,
and compensation of its administrative officer, technical experts,
agents, and employees. The commission may call upon the attorney
general for ((such)) legal services as it may require.
((It)) (2) The commission shall have authority to delegate to its
chairman, to one or more of its members, to one or more agents or
employees such duties and powers as it deems proper. ((It))
(3) The commission shall be supplied with suitable office
accommodations at the central office of the department of ecology, and
shall be furnished the necessary supplies and equipment.
(4) The commission shall organize annually and select a chairman
from among its members, who shall serve for one year from the date of
his or her selection.
(5) A majority of the commission shall constitute a quorum ((and)).
All actions of the commission shall be by a majority vote of the
members present and voting at a meeting at which a quorum is present.
Sec. 5 RCW 89.08.060 and 1973 1st ex.s. c 184 s 7 are each
amended to read as follows:
Upon request of the commission, for the purpose of carrying out any
of ((its)) the commission's functions, the supervising officer of any
state agency or state institution of learning may, insofar as may be
possible under available appropriations and having due regard to the
needs of the agency to which the request is directed, assign or detail
to the commission, members of the staff or personnel of such agency or
institution of learning, and make such special reports, surveys, or
studies as the commission may request.
Sec. 6 RCW 89.08.070 and 1973 1st ex.s. c 184 s 8 are each
amended to read as follows:
((In addition to the duties and powers hereinafter conferred upon))
The commission((, it)) shall have the ((following duties and powers))
duty and power to:
(1) ((To)) Offer such assistance as may be appropriate to the
supervisors of conservation districts ((organized under the provisions
of chapter 184, Laws of 1973 1st ex. sess., in the carrying)) to carry
out ((of)) any of their powers and programs((:));
(((a) to)) (2) Assist and guide districts in the preparation and
carrying out of programs for resource conservation authorized under
this chapter ((184, Laws of 1973 1st ex. sess.));
(((b) to)) (3) Review district programs;
(((c) to)) (4) Coordinate the programs of the several districts and
resolve any conflicts in such programs;
(((d) to)) (5) Facilitate, promote, assist, harmonize, coordinate,
and guide the resource conservation programs and activities of
districts as they relate to other special purpose districts, counties,
and other public agencies((.));
(((2) To)) (6) Keep the supervisors of each of the several
conservation districts ((organized under the provisions of chapter 184,
Laws of 1973 1st ex. sess.)) informed of the activities and experience
of all other districts ((organized hereunder)), and ((to)) facilitate
an interchange of advice and experience ((between such)) among
districts and cooperation ((between)) among them((.));
(((3) To)) (7) Review agreements, or forms of agreements, proposed
to be entered into by districts with other districts or with any state,
federal, interstate, or other public or private agency, organization,
or individual, and advise the districts concerning such agreements or
forms of agreements((.));
(((4) To)) (8) Secure the cooperation and assistance of the United
States and any of its agencies, and of agencies of this state in the
work of such districts((.));
(((5) To)) (9) Recommend the inclusion in annual and longer term
budgets and appropriation legislation of the state of Washington of
funds necessary for appropriation by the legislature to finance the
activities of the commission and the conservation districts; ((to))
administer the provisions of any law ((hereinafter)) enacted by the
legislature appropriating funds for expenditure in connection with the
activities of conservation districts; ((to)) distribute to conservation
districts funds, equipment, supplies and services received by the
commission for that purpose from any source, subject to ((such)) any
applicable conditions ((as shall be made applicable thereto)) in any
state or federal statute or local ordinance making available such
funds, property or services; ((to)) issue regulations establishing
guidelines and suitable controls to govern the use by conservation
districts of such funds, property and services; and ((to)) review all
budgets, administrative procedures and operations of such districts and
advise the districts concerning their conformance with applicable laws
and regulations((.));
(((6) To)) (10) Encourage the cooperation and collaboration of
state, federal, regional, interstate and local public and private
agencies with the conservation districts((,)) and facilitate
arrangements under which the conservation districts may serve county
governing bodies and other agencies as their local operating agencies
in the administration of any activity concerned with the conservation
of renewable natural resources((.));
(((7) To)) (11) Disseminate information throughout the state
concerning the activities and programs of the conservation districts
((organized hereunder, and to)); encourage the formation of such
districts in areas ((where)) in which their organization is desirable;
((to)) and make available information concerning the needs and the work
of the conservation districts and the commission to the governor, the
legislature, executive agencies of the government of this state,
political subdivisions of this state, cooperating federal agencies, and
the general public((.));
(((8))) (12) Receive, pursuant to procedures developed mutually by
the commission and other state and local agencies ((that are))
authorized to plan or administer activities significantly affecting the
conservation of renewable natural resources, ((to receive)) from such
agencies for review and comment suitable descriptions of their plans,
programs and activities for purposes of coordination with district
conservation programs; ((to)) and arrange for and participate in
conferences necessary to avoid conflict among such plans and programs,
to call attention to omissions, and to avoid duplication of
effort((.));
(((9) To)) (13) Compile information and make studies, summaries and
analysis of district programs in relation to each other and to other
resource conservation programs on a statewide basis((.));
(((10) To)) (14) Assist conservation districts in obtaining legal
services from state and local legal officers((.));
(((11) To)) (15) Require annual reports from conservation
districts, the form and content of which shall be developed by the
commission((.)); and
(((12) To)) (16) Establish by regulations, with the assistance and
advice of the state auditor's office, adequate and reasonably uniform
accounting and auditing procedures ((which shall)) that must be used by
conservation districts.
Sec. 7 RCW 89.08.450 and 1995 c 378 s 1 are each amended to read
as follows:
The legislature declares that it is the goal of the state of
Washington to preserve and restore the natural resources of the state
and, in particular, fish and wildlife and their habitat. It is further
the policy of the state insofar as possible to utilize the commission
and conservation districts in these efforts and the volunteer
organizations who have demonstrated their commitment to these goals.
To this end, it is the intent of the legislature to minimize the
expense and delays caused by unnecessary bureaucratic process in
securing permits for projects that preserve or restore native fish and
wildlife habitat.
Sec. 8 RCW 89.08.460 and 1995 c 378 s 2 are each amended to read
as follows:
The definitions in this section apply throughout RCW 89.08.460
through 89.08.510 (as recodified by this act) unless the context
clearly requires otherwise((, the definitions in this section shall
apply throughout RCW 89.08.450 through 89.08.510)).
(1) "Watershed restoration plan" means a plan, developed or
sponsored by the department of fish and wildlife, the department of
ecology, the department of natural resources, the department of
transportation, a federally recognized Indian tribe acting within and
pursuant to its authority, a city, a county, or a conservation
district, that provides a general program and implementation measures
or actions for the preservation, restoration, re-creation, or
enhancement of the natural resources, character, and ecology of a
stream, stream segment, drainage area, or watershed, and for which
agency and public review has been conducted pursuant to chapter 43.21C
RCW, the state environmental policy act. If the implementation
measures or actions would have a probable significant, adverse
environmental impact, a detailed statement under RCW 43.21C.031 must be
prepared on the plan.
(2) "Watershed restoration project" means a public or private
project authorized by the sponsor of a watershed restoration plan that
implements the plan or a part of the plan and consists of one or more
of the following activities:
(a) A project that involves ((less)) fewer than ten miles of
streamreach, in which ((less)) fewer than twenty-five cubic yards of
sand, gravel, or soil is removed, imported, disturbed, or discharged,
and in which no existing vegetation is removed except as minimally
necessary to facilitate additional plantings;
(b) A project for the restoration of an eroded or unstable stream
bank that employs the principles of bioengineering, including limited
use of rock as a stabilization only at the toe of the bank, and with
primary emphasis on using native vegetation to control the erosive
forces of flowing water; or
(c) A project primarily designed to improve fish and wildlife
habitat, remove or reduce impediments to migration of fish, or enhance
the fishery resource available for use by all of the citizens of the
state, provided that any structure other than a bridge or culvert or
instream habitat enhancement structure associated with the project is
((less)) fewer than two hundred square feet in floor area and is
located above the ordinary high water mark of the stream.
Sec. 9 RCW 89.08.470 and 2003 c 39 s 47 are each amended to read
as follows:
(1) ((By January 1, 1996,)) The ((Washington conservation))
commission shall develop, in consultation with other state agencies,
tribes, and local governments, a consolidated application process for
permits for a watershed restoration project developed by an agency or
sponsored by an agency on behalf of a volunteer organization. The
consolidated process shall include a single permit application form for
use by all responsible state and local agencies. The commission shall
encourage use of the consolidated permit application process by any
federal agency responsible for issuance of related permits. The permit
application forms to be consolidated shall include, at a minimum,
applications for: (a) Approvals related to water quality standards
under chapter 90.48 RCW; (b) hydraulic project approvals under chapter
77.55 RCW; and (c) section 401 water quality certifications under 33
U.S.C. Sec. 1341 and chapter 90.48 RCW.
(2) If a watershed restoration project is also a fish habitat
enhancement project that meets the criteria of RCW 77.55.290(1), the
project sponsor shall instead follow the permit review and approval
process established in RCW 77.55.290 with regard to state and local
government permitting requirements. The sponsor shall ((so)) notify
state and local permitting authorities.
Sec. 10 RCW 89.08.480 and 1995 c 378 s 4 are each amended to read
as follows:
Each agency of the state and unit of local government that claims
jurisdiction or the right to require permits, other approvals, or fees
as a condition of allowing a watershed restoration project to proceed
shall:
(1) Designate an office or official as a designated recipient of
project applications; and ((shall))
(2) Inform the ((conservation)) commission of the designation.
Sec. 11 RCW 89.08.490 and 1995 c 378 s 5 are each amended to read
as follows:
All agencies of the state and local governments shall accept the
single application developed under RCW 89.08.470 (as recodified by this
act). Unless the procedures under RCW 89.08.500 (as recodified by this
act) are invoked, the application shall be processed without charge and
permit decisions shall be issued within forty-five days of the receipt
of a complete application.
Sec. 12 RCW 89.08.500 and 1995 c 378 s 6 are each amended to read
as follows:
The applicant or any state agency, tribe, or local government with
permit processing responsibility may request that the ((permit)) office
of regulatory assistance ((center)) created ((by chapter 347, Laws of
1995)) in chapter 43.42 RCW appoint a project facilitator to develop in
consultation with the applicant and permit agencies a coordinated
process for permit decisions on the application. The process may
incorporate procedures for coordinating state permits under ((chapter
347, Laws of 1995)) chapter 43.42 RCW. The ((center)) office shall
adopt a target of completing permit decisions within forty-five days of
receipt of a complete application.
((If House Bill No. 1724 is not enacted by June 30, 1995, this
section shall be null and void.))
Sec. 13 RCW 89.08.510 and 1995 c 378 s 7 are each amended to read
as follows:
State agencies, tribes, and local governments responsible for
permits or other approvals of watershed restoration projects as defined
in RCW 89.08.460 (as recodified by this act) may develop general
permits or permits by rule to address some or all projects required by
an approved watershed restoration plan, or for types of watershed
restoration projects. Nothing in this chapter ((378, Laws of 1995))
precludes local governments, state agencies, and tribes from working
out other cooperative permitting agreements outside the procedures of
this chapter ((378, Laws of 1995)).
Sec. 14 RCW 89.08.520 and 2001 c 227 s 3 are each amended to read
as follows:
(1) In administering grant programs to improve water quality and
protect habitat, the commission shall require grant recipients to
incorporate the environmental benefits of the project into their grant
applications((, and)). The commission shall utilize the statement of
environmental ((benefit[s])) benefits in its grant prioritization and
selection process.
(2) The commission shall also develop appropriate outcome-focused
performance measures to be used both for management and performance
assessment of the grant program. The commission shall work with the
districts to develop uniform performance measures across participating
districts.
(3) To the extent possible, the commission should coordinate its
performance measure system with other natural resource-related agencies
as defined in RCW 43.41.270.
(4) The commission shall consult with affected interest groups in
implementing this section.
Sec. 15 RCW 89.08.530 and 2002 c 280 s 2 are each amended to read
as follows:
(1) The agricultural conservation easements program is created.
The ((state conservation)) commission shall manage the program and
adopt rules as necessary to implement the legislature's intent.
(2) The commission shall report to the legislature on an on-going
basis regarding potential funding sources for the purchase of
agricultural conservation easements under the program and recommend
changes to existing funding authorized by the legislature.
(3) All funding for the program shall be deposited into the
agricultural conservation easements account created in RCW 89.08.540
(as recodified by this act). Expenditures from the account shall be
made to local governments and private nonprofits on a match or no match
required basis at the discretion of the commission.
(4) Easements purchased with money from the agricultural
conservation easements account run with the land.
Sec. 16 RCW 89.08.540 and 2002 c 280 s 3 are each amended to read
as follows:
(1) The agricultural conservation easements account is created in
the custody of the state treasurer. All receipts from legislative
appropriations, other sources as directed by the legislature, and
gifts, grants, or endowments from public or private sources must be
deposited into the account. Expenditures from the account may be used
only for the purchase of easements under the agricultural conservation
easements program. Only the ((state conservation)) commission, or the
executive director of the commission on the commission's behalf, may
authorize expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures.
(2) The commission is authorized to receive and expend gifts,
grants, or endowments from public or private sources that are made
available, in trust or otherwise, for the use and benefit of the
agricultural conservation easements program.
Sec. 17 RCW 89.08.010 and 1973 1st ex.s. c 184 s 2 are each
amended to read as follows:
((It is hereby declared, as a matter of legislative determination))
The legislature finds that:
(1) ((That)) The lands of the state of Washington are among the
basic assets of the state, and ((that)) the preservation of these lands
is necessary to protect and promote the health, safety, and general
welfare of its people; ((that))
(2) Improper land-use practices have caused and have contributed
to, and are now causing and contributing to, a progressively more
serious erosion of the lands of this state by wind and water; ((that))
(3) The breaking of natural grass, plant, and forest cover have
interfered with the natural factors of soil stabilization, causing
loosening of soil and exhaustion of humus, and developing a soil
condition that favors erosion; ((that))
(4) The topsoil is being blown and washed off of lands((; that))
and there has been an accelerated washing of sloping lands; ((that))
(5) These processes of erosion by wind and water speed up with
removal of absorptive topsoil, causing exposure of less absorptive and
less protective but more erosive subsoil; ((that))
(6) Failure by any land occupier to conserve the soil and control
erosion upon his or her lands may cause a washing and blowing of soil
from his or her lands onto other lands and makes the conservation of
soil and control of erosion on such other lands difficult or
impossible((, and that));
(7) Extensive denuding of land for development creates critical
erosion areas that are difficult to effectively regenerate, and the
resulting sediment causes extensive pollution of streams, ponds, lakes,
and other waters((.));
(((2) That)) (8) The consequences of ((such)) soil erosion in the
form of soil blowing and soil washing are the:
(a) Silting and sedimentation of stream channels, reservoirs, dams,
ditches, and harbors, and loading of the air with soil particles;
((the))
(b) Loss of fertile soil material in dust storms; ((the))
(c) Piling up of soil on lower slopes and its deposit over alluvial
plains; ((the))
(d) Reduction in productivity or outright ruin of rich bottom lands
by overwash of poor subsoil material, sand, and gravel swept out of the
hills;
(e) Deterioration of soil and its fertility, deterioration of crops
grown thereon, and declining acre yields despite development of
scientific processes for increasing such yields;
(f) Loss of soil and water which causes destruction of food and
cover for wildlife; ((a))
(g) Blowing and washing of soil into streams, which silts over
spawning beds((,)) and destroys water plants, diminishing the food
supply of fish; ((a))
(h) Diminishing of the underground water reserve, which causes
water shortages, intensifies periods of drought, and causes crop
failures; ((an))
(i) Increase in the speed and volume of rainfall run-off, causing
severe and increasing floods, which bring suffering, disease, and
death; and
(j) Impoverishment of families attempting to farm eroding and
eroded lands; damage to roads, highways, railways, buildings, and other
property from floods and from dust storms; and losses in navigation,
hydroelectric power, municipal water supply, irrigation developments,
farming and grazing((.));
(((3) That)) (9) To conserve soil resources and control and prevent
soil erosion and prevent flood water and sediment damages, and further
agricultural and nonagricultural phases of the conservation,
development, utilization, and disposal of water, it is necessary that
land-use practices contributing to soil wastage and soil erosion be
discouraged and discontinued((,)) and that appropriate soil-conserving
land-use practices, and works of improvement for flood prevention of
agricultural and nonagricultural phases of the conservation,
development, utilization, and disposal of water be adopted and
((carried out)) implemented; ((that)) and
(10) Among the procedures necessary for widespread adoption((,))
are the:
(a) Carrying on of engineering operations ((such as)) including but
not limited to the construction of terraces, terrace outlets, check-dams, desilting basins, flood water retarding structures, channel
floodways, dikes, ponds, and ditches((, and the like)); ((the))
(b) Utilization of strip cropping, contour cultivating, and contour
furrowing;
(c) Land irrigation;
(d) Seeding and planting of waste, sloping, abandoned, or eroded
lands to water-conserving and erosion-preventing plants, trees, and
grasses;
(e) Forestation and reforestation;
(f) Rotation of crops;
(g) Soil stabilizations with trees, grasses, legumes, and other
thick-growing, soil-holding crops, retardation of run-off by increasing
absorption of rainfall; and
(h) Retirement from cultivation of steep, highly erosive areas and
areas now badly gullied or otherwise eroded.
(((4) Whereas, there is a pressing need for the conservation of
renewable resources in all areas of the state, whether urban, suburban,
or rural, and that the benefits of resource practices, programs, and
projects, as carried out by the state conservation commission and by
the conservation districts, should be available to all such areas;
therefore, it is hereby declared to be the policy of the legislature to
provide for the conservation of the renewable resources of this state,
and for the control and prevention of soil erosion, and for the
prevention of flood water and sediment damages, and for furthering
agricultural and nonagricultural phases of conservation, development,
utilization, and disposal of water, and thereby to preserve natural
resources, control floods, prevent impairment of dams and reservoirs,
assist in maintaining the navigability of rivers and harbors, preserve
wildlife, protect the tax base, protect public lands, and protect and
promote the health, safety, and general welfare of the people of this
state. To this end all incorporated cities and towns heretofore
excluded from the boundaries of a conservation district established
pursuant to the provisions of the state conservation district law, as
amended, may be approved by the conservation commission as being
included in and deemed a part of the district upon receiving a petition
for annexation signed by the governing authority of the city or town
and the conservation district within the exterior boundaries of which
it lies in whole or in part or to which it lies closest.))
NEW SECTION. Sec. 18 A new section is added to chapter 89.08 RCW
to read as follows:
(1) The legislature finds that there is a pressing need for the
conservation of renewable resources in all areas of the state, whether
urban, suburban, or rural. The legislature also finds that the
benefits of resource practices, programs, and projects, as carried out
by the commission and by the conservation districts, should be
available to all such areas. Therefore, the legislature declares it is
the policy of the state to provide for the:
(a) Conservation of the renewable resources of this state;
(b) Control and prevention of soil erosion;
(c) Prevention of flood water and sediment damages; and
(d) Furthering of agricultural and nonagricultural phases of
conservation, development, utilization, and disposal of water.
(2) The legislature further declares that providing for the
objectives identified in subsection (1) of this section will enhance
the state's ability to:
(a) Preserve natural resources;
(b) Control floods;
(c) Prevent impairment of dams and reservoirs;
(d) Assist in maintaining the navigability of rivers and harbors;
(e) Preserve wildlife;
(f) Protect the tax base and public lands; and
(g) Promote the health, safety, and general welfare of the people
of this state.
NEW SECTION. Sec. 19 A new section is added to chapter 89.08 RCW
to read as follows:
All incorporated cities and towns previously excluded from the
boundaries of a conservation district may be approved by the commission
as being included in and deemed a part of the district upon receiving
a petition for annexation signed by the governing authority of the city
or town and the conservation district within the exterior boundaries of
which it lies in whole or in part or to which it lies closest.
Sec. 20 RCW 89.08.020 and 1999 c 305 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly ((indicates)) requires otherwise((, as used
in this chapter:)).
(1) "Agricultural lands" includes the lands defined as "farm and
agricultural lands" in subsection (7) of this section and any of the
following lands:
(a) Farm woodlots fewer than twenty and more than five acres and
the land on which appurtenances necessary to production, preparation,
or sale of the agricultural products exist in conjunction with the
lands producing such products; and
(b) Any parcel of land of one to five acres, which is not
contiguous, but which otherwise constitutes an integral part of farming
operations being conducted on land meeting the definition of either
"agricultural lands" or "farm and agricultural lands" under this
section.
(2) "Board" and "supervisors" mean the board of supervisors of a
conservation district.
(3) "Commission" ((and "state conservation commission")) means the
((agency created hereunder. All former references to "state soil and
water conservation committee", "state committee" or "committee" shall
be deemed to be references to the "state conservation commission";))
Washington state conservation commission created in section 2 of this
act.
(4) "Conservation" includes conservation, development, improvement,
maintenance, preservation, protection and use, and alleviation of flood
water and sediment damages, and the disposal of excess surface waters.
(5) "Conservation district" or "district"((, or "conservation
district")) means a governmental subdivision of this state and a public
body corporate and politic, organized in accordance with the provisions
of this chapter ((184, Laws of 1973 1st ex. sess., for the purposes,
with the powers, and subject to the restrictions set forth in this
chapter. All districts created under chapter 184, Laws of 1973 1st ex.
sess. shall be known as conservation districts and shall have all the
powers and duties set out in chapter 184, Laws of 1973 1st ex. sess.
All references in chapter 184, Laws of 1973 1st ex. sess. to
"districts", or "soil and water conservation districts" shall be deemed
to be reference to "conservation districts";)).
"Board" and "supervisors" mean the board of supervisors of a
conservation district;
(6) "District elector" or "voter" means a registered voter in the
county in which the district is located who resides within the district
boundary or in the area affected by a petition.
(7) "Farm and agricultural land" includes the lands defined as
"agricultural lands" in subsection (1) of this section and any of the
following lands:
(a) Land in any contiguous ownership of twenty or more acres
devoted primarily to agricultural uses;
(b) Any parcel of land five acres or more but fewer than twenty
acres devoted primarily to agricultural uses, which has produced a
gross income from agricultural uses equivalent to one hundred dollars
or more per acre per year for three of the five calendar years
preceding the date of application for classification under this
chapter; or
(c) Any parcel of land fewer than five acres devoted primarily to
agricultural uses that has produced a gross income of one thousand
dollars or more per year for three of the five calendar years preceding
the date of application for classification under this chapter.
(8) "Land occupier" or "occupier of land" includes any person,
firm, political subdivision, government agency, municipality, public or
private corporation, copartnership, association, or any other entity
whatsoever ((which)) that holds title to, or is in possession of, any
lands lying within a district organized under the provisions of this
chapter ((184, Laws of 1973 1st ex. sess.)), whether as owner, lessee,
renter, tenant, or otherwise((;)).
(("District elector" or "voter" means a registered voter in the
county where the district is located who resides within the district
boundary or in the area affected by a petition;)) (9) "Notice" means a notice published at least twice, with
at least six days between publications, in a publication of general
circulation within the affected area, or if there is no such
publication, by posting at a reasonable number of public places within
the area, where it is customary to post notices concerning county and
municipal affairs. ((
"DueAny hearing held pursuant to due notice may be
postponed from time to time without a new notice;))
(10) "Renewable natural resources", "natural resources" or
"resources" includes land, air, water, vegetation, fish, wildlife, wild
rivers, wilderness, natural beauty, scenery and open space((;)).
"Conservation" includes conservation, development, improvement,
maintenance, preservation, protection and use, and alleviation of
floodwater and sediment damages, and the disposal of excess surface
waters.
"Farm and agricultural land" means either (a) land in any
contiguous ownership of twenty or more acres devoted primarily to
agricultural uses; (b) any parcel of land five acres or more but less
than twenty acres devoted primarily to agricultural uses, which has
produced a gross income from agricultural uses equivalent to one
hundred dollars or more per acre per year for three of the five
calendar years preceding the date of application for classification
under this chapter; or (c) any parcel of land of less than five acres
devoted primarily to agricultural uses which has produced a gross
income of one thousand dollars or more per year for three of the five
calendar years preceding the date of application for classification
under this chapter. Agricultural lands shall also include farm
woodlots of less than twenty and more than five acres and the land on
which appurtenances necessary to production, preparation or sale of the
agricultural products exist in conjunction with the lands producing
such products. Agricultural lands shall also include any parcel of
land of one to five acres, which is not contiguous, but which otherwise
constitutes an integral part of farming operations being conducted on
land qualifying under this section as "farm and agricultural lands"
NEW SECTION. Sec. 21 A new section is added to chapter 89.08 RCW
to read as follows:
All districts created under this chapter shall be known as
conservation districts and shall have all the powers and duties set out
in this chapter. All references in this chapter to "districts" or
"soil and water conservation districts" shall be deemed to be
references to "conservation districts" or "districts" as defined in
this chapter.
Sec. 22 RCW 89.08.080 and 1999 c 305 s 2 are each amended to read
as follows:
((To form a conservation district,)) (1) Twenty percent of the
voters within the area to be affected may file a petition with the
commission ((asking)) requesting that the area be organized into a
district.
(2) The petition shall:
(a) Give the name of the proposed district((,));
(b) State that ((it)) the district is needed in the interest of the
public health, safety, and welfare((,));
(c) Give a general description of the area proposed to be
organized; and
(d) Request that the commission determine that ((it)) the district
be created((,)) and that ((it)) the commission define the district
boundaries ((thereof)) and call an election on the question of creating
the district.
(3) If more than one petition is filed covering parts of the same
area, the commission may consolidate all or any of them.
Sec. 23 RCW 89.08.090 and 1973 1st ex.s. c 184 s 10 are each
amended to read as follows:
(1) Within thirty days after a petition is filed, the commission
shall ((give due)) issue notice of the time and place of a public
hearing thereon. At the hearing all interested persons shall be heard.
(2) If it appears to the commission that additional land should be
included in the district, the hearing shall be adjourned ((and)). The
commission shall issue a new notice ((given)) covering the entire area
and set a new date ((fixed)) for further hearing, unless waiver of
notice by the owners of the additional land is filed with the
commission.
((No district shall include any portion of a railroad right of way,
or another similar district. The lands included in a district need not
be contiguous.)) (3) Any hearing held by a district pursuant to notice
as defined in RCW 89.08.020 may be postponed from time to time without
a new notice.
NEW SECTION. Sec. 24 A new section is added to chapter 89.08 RCW
to read as follows:
No district shall include any portion of a railroad right of way,
or another similar district. The lands included in a district need not
be contiguous.
Sec. 25 RCW 89.08.100 and 1973 1st ex.s. c 184 s 11 are each
amended to read as follows:
(1) After the hearing held according to RCW 89.08.090, ((if)) the
commission ((finds that)) shall determine whether the public health,
safety, and welfare warrant the creation of the district((, it)). If
it determines that creation of the district is warranted, the
commission shall enter an order to that effect and define the
boundaries ((thereof)) of the district by metes and bounds or by legal
subdivisions.
(2) If the commission finds there is no need for the district, it
shall enter an order denying the petition. No petition covering the
same or substantially the same area may be filed within six months of
the date the commission denies a petition under this section.
(3) In making its findings under this section, the commission shall
consider the:
(a) Topography of the particular area and of the state generally;
((the))
(b) Composition of the soil; ((the))
(c) Distribution of erosion; ((the))
(d) Prevailing land use practices; ((the))
(e) Effects upon and benefits to the land proposed to be included;
((the))
(f) Relation of the area to existing watersheds and agricultural
regions and to other similar districts organized or proposed; and
((consider such))
(g) Other relevant physical, geographical, and economic factors
((as are relevant.)).
If the commission finds there is no need for the district, it shall
enter an order denying the petition, and no petition covering the same
or substantially the same area may be filed within six months
thereafter
Sec. 26 RCW 89.08.110 and 1999 c 305 s 3 are each amended to read
as follows:
(1) If the commission finds that the district is ((needed))
warranted pursuant to RCW 89.08.100, it shall then determine whether it
is practicable. To assist the commission in determining this question,
it shall, within a reasonable time, submit the proposition to a vote of
the district electors in the proposed district.
(2) The commission shall fix the date of the election, designate
the polling places, fix the hours for opening and closing the polls,
and appoint the election officials. The commission shall conduct the
election ((shall be conducted)), count the vote ((counted and)), canvas
the returns ((canvassed)), and publish the results ((published by the
commission)) of the election.
Sec. 27 RCW 89.08.120 and 1973 1st ex.s. c 184 s 13 are each
amended to read as follows:
(1) The commission shall provide the ballots for the election
((which)). The ballots shall contain the words:
"□ For creation of a conservation district of the lands below
described and lying in the county or counties of . . . . . .,
. . . . . . and . . . . . .," and
"□ Against creation of a conservation district of the lands below
described and lying in the county or counties of . . . . . .,
. . . . . . and . . . . . ."
(2) The ballot shall set forth the boundaries of the proposed
district((,)) and contain a direction to insert an X in the square of
the voter's choice.
Sec. 28 RCW 89.08.130 and 1999 c 305 s 4 are each amended to read
as follows:
(1) The commission shall give ((due)) notice of the election((,
which)) as defined in RCW 89.08.020. The notice shall state generally
the purpose and date of the election((, the date thereof,)) and the
place and hours of voting((, and)). The notice shall also set forth
the boundaries of the proposed district.
(2) Only qualified district electors within the proposed district
((as determined by the commission)) may vote at the election. The
commission shall determine the qualified district electors within the
proposed district.
(3) Each voter shall vote in the polling place nearest the voter's
residence.
Sec. 29 RCW 89.08.140 and 1973 1st ex.s. c 184 s 15 are each
amended to read as follows:
(1) The commission shall bear all expense of giving the notices and
conducting the hearings and election((, and)).
(2) The commission shall issue regulations governing all hearings
and elections and establish procedures for determining whether
districts are warranted and practicable as required by RCW 89.08.100
and 89.08.110.
(3) The commission shall supervise the conduct ((thereof)) of
elections. ((It))
(4) The commission shall provide for registration of eligible
voters or prescribe the procedure to determine ((the)) eligible voters.
(5) No informality in connection with the election shall invalidate
the results((,)) if the notice ((thereof)) of the election was
substantially given((,)) and the election fairly conducted.
Sec. 30 RCW 89.08.150 and 1999 c 305 s 5 are each amended to read
as follows:
(1) The commission shall deny the petition to create a district if
a majority of the votes cast at the election are against the creation
of the district((, the commission shall deny the petition)).
(2) If a majority favor the district, the commission shall
determine the practicability of creating the ((project)) district.
(3) In making such determination, the commission shall consider:
(a) The attitude of the voters of the district;
(b) The number of eligible voters who voted at the election;
(c) The size of the majority vote;
(d) The wealth and income of the land occupiers;
(e) The probable expense of carrying out the project; and
(f) Any other economic factors relevant ((thereto)) to the creation
of the district.
(4) If the commission finds that the ((project)) creation of the
district is impracticable ((it)), the commission shall enter an order
to that effect and deny the petition.
(5) When ((the)) a petition to create a district has been denied
under this section, no new petition covering the same or substantially
the same area may be filed within six months ((therefrom)) of the date
of denial.
Sec. 31 RCW 89.08.160 and 1973 1st ex.s. c 184 s 17 are each
amended to read as follows:
(1) If the commission finds ((the project)) creation of the
district practicable, ((it)) the commission shall appoint two
supervisors((, one of whom shall be a landowner or operator of a farm,
who shall be qualified by training and experience to perform the
specialized skilled services required of them)) according to RCW
89.08.030 (as recodified by this act). They, with the three
((elected)) supervisors, ((two of whom shall be landowners or operators
of a farm)) elected according to RCW 89.08.030 (as recodified by this
act), shall constitute the governing board of the district.
(2) The two appointed supervisors shall file with the secretary of
state a sworn application, reciting that:
(a) A petition was filed with the commission for the creation of
the district; ((that))
(b) All required proceedings ((were had thereon; that they)) for
creation of the district required by this chapter were conducted;
(c) The two appointed supervisors were appointed by the commission
as ((such)) supervisors of the district; and ((that))
(d) The application is being filed to complete the organization of
the district and the requirements of this section. ((It))
(3) The application of the appointed supervisors shall contain the
names and residences of the applicants, a certified copy of their
appointments, the name of the district, the location of the office of
the supervisors and the term of office of each applicant.
(4) The application of the appointed supervisors shall be
accompanied by a statement of the commission((,)) reciting that:
(a) A petition was filed, notice issued, and hearing held
((thereon)) as required by this chapter; ((that it))
(b) The commission determined the need for the district and defined
the boundaries ((thereof)) of the district; ((that))
(c) Notice was given and an election held on the question of
creating the district; ((that))
(d) A majority vote favored the district((, and that));
(e) The commission had determined the district practicable; and
(f) The commission shall set forth the boundaries of the district.
Sec. 32 RCW 89.08.170 and 1973 1st ex.s. c 184 s 18 are each
amended to read as follows:
(1) If the secretary of state finds that the name of the proposed
district is such as will not be confused with that of any other
district, ((he)) the secretary shall enter the application and
statement in ((his)) the secretary's records.
(2) If ((he)) the secretary finds the name of the proposed district
may be confusing, ((he)) the secretary shall certify that fact to the
commission((, which)). The commission shall submit a new name free
from such objections, and ((he)) the secretary shall enter the
application and statement, as modified, in ((his)) the secretary's
records. ((Thereupon)) The district shall then be considered organized
into a body corporate.
(3) After the application and statement are entered into the
secretary's records according to subsection (1) or (2) of this section,
the secretary of state shall ((then)) issue to the supervisors a
certificate of organization of the district under the seal of the
state, and shall record the certificate in ((his)) the secretary's
office.
(4) Proof of the issuance of the certificate shall be evidence of
the establishment of the district, and a certified copy of the
certificate shall be admissible as evidence and shall be proof of the
filing and contents ((thereof. The name of a conservation district may
be changed upon recommendation by the supervisors of a district and
approval by the state conservation commission and the secretary of
state. The new name shall be recorded by the secretary of state
following the same general procedure as for the previous name)).
NEW SECTION. Sec. 33 A new section is added to chapter 89.08 RCW
to read as follows:
The name of a conservation district may be changed upon
recommendation by the supervisors of a district and approval by the
commission and the secretary of state. The new name shall be recorded
by the secretary of state following the same general procedure in RCW
89.08.170 for the previous name.
Sec. 34 RCW 89.08.180 and 1999 c 305 s 6 are each amended to read
as follows:
(1) Territory may be added to an existing district upon filing a
petition as in the case of formation with the commission by twenty
percent of the voters of the affected area to be included. The
((same)) procedure ((shall be followed as)) for adding territory to a
district shall be the same as the procedure specified in this chapter
for the creation of the district.
(2) As an alternate ((procedure)) to the provisions of subsection
(1) of this section, the commission may upon the petition of a majority
of the voters in any one or more districts or in unorganized territory
adjoining a conservation district change the boundaries of a
district((,)) or districts((,)). The commission may change boundaries
according to this subsection if such action will promote the practical
and feasible administration of ((such)) the district or districts.
(3) Upon petition of the boards of supervisors of two or more
districts, the commission may approve the combining of all or parts of
such districts and name the district, or districts, with the approval
of the name by the secretary of state. ((A public hearing and/or a
referendum may be held if deemed)) The commission may hold a public
hearing and/or a referendum on a petition filed according to this
subsection if the commission determines such action necessary or
desirable ((by the commission in order)) to determine the wishes of the
voters.
((When districts are combined, the joint boards of supervisors will
first select a chairman, secretary and other necessary officers and
select a regular date for meetings. All elected supervisors will
continue to serve as members of the board until the expiration of their
current term of office, and/or until the election date nearest their
expiration date. All appointed supervisors will continue to serve
until the expiration of their current term of office, at which time the
commission will make the necessary appointments. In the event that
more than two districts are combined, a similar procedure will be set
up and administered by the commission.))
When districts are combined or territory is moved from one district
to another, the property, records and accounts of the districts
involved shall be distributed to the remaining district or districts as
approved by the commission. A new certificate of organization, naming
and describing the new district or districts, shall be issued by the
secretary of state.
NEW SECTION. Sec. 35 A new section is added to chapter 89.08 RCW
to read as follows:
(1) When districts are combined according to RCW 89.08.180, the
joint boards of supervisors shall select a chair, secretary, and other
necessary officers and select a regular date for meetings. All elected
supervisors shall continue to serve as members of the board until the
expiration of their current term of office, and/or until the election
date nearest their expiration date. All appointed supervisors shall
continue to serve until the expiration of their current term of office,
at which time the commission will make the necessary appointments.
(2) In the event that more than two districts are combined, the
commission shall establish and administer a procedure similar to the
procedure specified in subsection (1) of this section.
NEW SECTION. Sec. 36 A new section is added to chapter 89.08 RCW
to read as follows:
(1) When districts are combined or territory is moved from one
district to another according to RCW 89.08.180, the property, records,
and accounts of the districts involved shall be distributed to the
remaining district or districts. The commission shall approve the
distribution of property, records, and accounts.
(2) A new certificate of organization, naming and describing the
new district or districts, shall be issued by the secretary of state.
Sec. 37 RCW 89.08.185 and 1999 c 305 s 7 are each amended to read
as follows:
(1) The local governing body of any city or incorporated town
within an existing district may approve by majority vote a petition to
withdraw from the district. The petition shall be submitted to the
district for its approval.
(2) If the petition to withdraw is approved by the district, the
petition shall be sent to the commission. The commission shall approve
the petition and forward it to the secretary of state and the boundary
of the district shall be adjusted accordingly.
(3)(a) If the petition is not approved by the district, the
district shall adopt a resolution specifying the reasons why the
petition is not approved. The petition and the district's resolution
shall be sent to the commission for its review.
(b) The commission shall approve or reject the petition based upon
criteria ((it has)) adopted according to subsection (4) of this section
for the evaluation of petitions in dispute. If the commission approves
the petition, it shall forward the petition to the secretary of state,
and the boundaries of the district shall be adjusted accordingly.
(4) The ((criteria used by the commission to evaluate petitions
which are in dispute)) commission shall adopt criteria for the
evaluation of petitions in dispute submitted to the commission
according to subsection (3) of this section. The criteria shall be
adopted as rules by the commission under chapter 34.05 RCW, the
administrative procedure act.
Sec. 38 RCW 89.08.190 and 2002 c 43 s 3 are each amended to read
as follows:
(1) Petitions to nominate candidates for the three elected
supervisors shall be filed with the commission within thirty days after
the issuance of the certificate of organization pursuant to RCW
89.08.170, unless the time is extended by the commission((, petitions
shall be filed with the commission to nominate candidates for the three
elected supervisors)).
(2) The petition filed under this section shall be signed by not
((less)) fewer than twenty-five district electors((, and)). A district
elector may sign petitions nominating more than one person.
(3) In the case of a new district, the commission shall give
((due)) notice to elect the three supervisors. ((All)) Provisions
pertaining to elections on the creation of a district specified in this
chapter shall govern this election so far as applicable.
(4) The names of all nominees shall appear on the ballot in
alphabetical order, together with instructions to vote for three. The
three candidates receiving the most votes shall be declared elected
supervisors((, the one)). The candidate receiving the most ((being))
votes shall be elected for a three-year term, the ((next for two and
the last for one year. An alternate method of dividing the district
into three zones may be used when requested by the board of supervisors
and approved by the commission. In such case,)) candidate with the
second highest number of votes shall be elected for a two-year term,
and the candidate with the third highest number of votes shall be
elected for a one-year term.
(5) The commission may approve an alternate election method of
dividing the district into three zones when requested by the board of
supervisors. When this alternate method is used instructions will be
to vote for one candidate in each zone. The candidate receiving the
most votes in a zone shall be declared elected. The commission shall
designate the term for which each supervisor shall be elected when the
commission establishes the three zones according to this subsection
(5).
(6) Each year after the creation of the first board of supervisors,
the board shall by resolution and by giving ((due)) notice, set a date
during the first quarter of each calendar year at which time it shall
conduct an election((, except that for elections in 2002 only, the
board shall set the date during the second quarter of the calendar year
at which time it shall conduct an election)). Names of candidates
nominated by petition shall appear in alphabetical order on the
ballots, together with an extra line ((wherein)) on which may be
written in the name of any other candidate.
(7) The commission shall establish procedures for elections,
canvass the returns and announce the official results ((thereof)) of
elections. Election results may be announced by polling officials at
the close of the election subject to official canvass of ballots by the
commission.
(8) Supervisors elected shall take office at the first board
meeting following the election.
Sec. 39 RCW 89.08.200 and 1973 1st ex.s. c 184 s 21 are each
amended to read as follows:
(1) Except as provided in subsection (2) of this section, the term
of office of each appointed or elected supervisor shall be three years
and until his or her successor is appointed or elected and qualified((,
except that)).
(2) The supervisors first appointed shall serve for one and two
years respectively from the date of their appointments, ((as designated
in their appointments.)) with the terms designated by the
commission in their appointments. The terms of the first elected
supervisors shall be determined as provided in RCW 89.08.190.
In the case of elected supervisors, the term of office of each
supervisor shall be three years and until his successor is elected and
qualified, except that for the first election, the one receiving the
largest number of votes shall be elected for three years; the next
largest two years; and the third largest one year. Successors shall be
elected for three-year terms
(3) Vacancies in the office of appointed supervisors shall be
filled by the ((state conservation)) commission. Vacancies in the
office of elected supervisors shall be filled by appointment ((made
by)) of the remaining supervisors for the unexpired term.
(4) A majority of the supervisors shall constitute a quorum and the
concurrence of a majority is required for any official action or
determination.
(5) Supervisors shall serve without compensation((,)) but ((they))
shall be entitled to expenses, including traveling expenses,
necessarily incurred in discharge of their duties.
(6) A supervisor may be removed by the ((state conservation))
commission upon notice and hearing((,)) only for neglect of duty or
malfeasance in office((, but)) and for no other reason.
(7) The governing board shall designate a chairman from time to
time.
Sec. 40 RCW 89.08.210 and 2000 c 45 s 1 are each amended to read
as follows:
(1) The supervisors may:
(a) Employ a secretary, treasurer, technical experts, and such
other officers, agents, and employees, permanent and temporary, as
((they)) it may require((,)) and determine their qualifications,
duties, and compensation((. It may));
(b) Call upon the attorney general for legal services((,)) or
((may)) employ its own counsel and legal staff((. The supervisors
may)); and
(c) Delegate to ((their chairman, to)) its chair one or more
supervisors, or ((to)) one or more agents or employees such powers and
duties as it deems proper.
(2) The board of supervisors shall:
(a) Furnish to the commission, upon request, copies of ((such))
internal rules, regulations, orders, contracts, forms, and other
documents as ((they)) it shall adopt or employ, and such other
information concerning ((their)) its activities ((as)) that the
commission may require in the performance of its duties under this
chapter ((184, Laws of 1973 1st ex. sess. The supervisors shall));
(b) Provide for the execution of surety bonds for officers and all
employees who shall be entrusted with funds or property((.));
The supervisors shall
(c) Provide for the ((keeping)) maintenance of a full and accurate
record of all proceedings, resolutions, regulations, and orders issued
or adopted((. The supervisors shall)); and
(d) Provide for an annual audit of the accounts of receipts and
disbursements ((in accordance with)) according to procedures prescribed
by ((regulations of)) the commission.
((The board may invite the legislative body of any municipality or
county near or within the district, to designate a representative to
advise and consult with it on all questions of program and policy which
may affect the property, water supply, or other interests of such
municipality or county. The governing body of a district shall appoint
such advisory committees as may be needed to assure the availability of
appropriate channels of communication to the board of supervisors, to
persons affected by district operations, and to local, regional, state
and interstate special-purpose districts and agencies responsible for
community planning, zoning, or other resource development activities.
The district shall keep such committees informed of its work, and such
advisory committees shall submit recommendations from time to time to
the board of supervisors.))
NEW SECTION. Sec. 41 A new section is added to chapter 89.08 RCW
to read as follows:
The board may invite the legislative body of any municipality or
county near or within the district to designate a representative to
advise and consult with it on all questions of program and policy that
may affect the property, water supply, or other interests of such
municipality or county.
NEW SECTION. Sec. 42 A new section is added to chapter 89.08 RCW
to read as follows:
(1) The governing body of a district shall appoint advisory
committees as needed to assure the availability of appropriate channels
of communication to the board of supervisors, persons affected by
district operations, and local, regional, state, and interstate special
purpose districts and agencies responsible for community planning,
zoning, or other resource development activities.
(2) The district shall keep any advisory committees informed of its
work and require advisory committees to submit recommendations from
time to time to the board of supervisors.
Sec. 43 RCW 89.08.215 and 2000 c 45 s 2 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, the
treasurer of the county in which a conservation district is located
((is)) shall serve as ex officio treasurer of the district.
((However,))
(2) The board of supervisors by resolution may designate some other
person having experience in financial or fiscal matters as treasurer of
the conservation district. The board of supervisors shall require a
bond, with a surety company authorized to do business in the state of
Washington, in an amount and under the terms and conditions ((which))
that the board of supervisors by resolution from time to time finds
will protect the district against loss. The premium on this bond shall
be paid by the district.
(3) All district funds shall be paid to the treasurer and disbursed
only on warrants issued by an auditor appointed by the board of
supervisors, upon orders or vouchers approved by it. The treasurer
shall establish a conservation district fund into which shall be paid
all district funds. The treasurer shall maintain any special funds
created by the board of supervisors for the placement of all money as
the board of supervisors may, by resolution, direct.
(4) If the treasurer of the district is the treasurer of the county
all district funds shall be deposited with the county depositaries
under the same restrictions, contracts, and security as provided for
county depositaries. If the treasurer of the district is some other
person, all funds shall be deposited in a bank or banks authorized to
do business in this state as the board of supervisors, by resolution,
designates.
(5) A district may provide and require a reasonable bond of any
other person handling moneys or securities of the district((,)) if the
district pays the premium.
Sec. 44 RCW 89.08.220 and 1999 c 305 s 8 are each amended to read
as follows:
(1) A conservation district organized under ((the provisions of))
this chapter ((184, Laws of 1973 1st ex. sess.)) shall constitute a
governmental subdivision of this state, and a public body corporate and
politic exercising public powers((, but)). A conservation district
shall not levy taxes or issue bonds ((and such district, and the
supervisors thereof,)).
(2) In addition to other powers specified in this chapter, a
conservation district shall have the ((following powers, in addition to
others granted in other sections of chapter 184, Laws of 1973 1st ex.
sess.)) power to:
(((1) To)) (a) Conduct surveys, investigations, and research
relating to the conservation of renewable natural resources and the
preventive and control measures and works of improvement needed, ((to))
publish the results of such surveys, investigations, or research, and
((to)) disseminate information concerning such preventive and control
measures and works of improvement((: PROVIDED, That in order)). To
avoid duplication of research activities, no district shall initiate
any research program except in cooperation with the government of this
state or any of its agencies, or with the United States or any of its
agencies;
(((2) To)) (b) Conduct educational and demonstrational projects on
any lands within the district upon obtaining the consent of the
occupier of such lands and such necessary rights or interests in such
lands as may be required in order to demonstrate by example the means,
methods, measures, and works of improvement by which the conservation
of renewable natural resources may be carried out;
(((3) To)) (c) Carry out preventative and control measures and
works of improvement for the conservation of renewable natural
resources, within the district including, but not limited to,
engineering operations, methods of cultivation, the growing of
vegetation, changes in use of lands, and the measures listed in RCW
89.08.010, on any lands within the district upon obtaining the consent
of the occupier of such lands and such necessary rights or interests in
such lands as may be required;
(((4) To)) (d) Cooperate or enter into agreements with, and within
the limits of appropriations duly made available to it by law, to
furnish financial or other aid to any agency, governmental or
otherwise, or any occupier of lands within the district in the carrying
on of preventive and control measures and works of improvement for the
conservation of renewable natural resources within the district,
subject to such conditions as the supervisors may deem necessary to
advance the purposes of this chapter ((184, Laws of 1973 1st ex.
sess)). For purposes of this subsection (2)(d) only, land occupiers
who are also district supervisors are not subject to the provisions of
RCW 42.23.030;
(((5) To)) (e) Obtain options upon and ((to)) acquire in any
manner((, except by)) other than condemnation, by purchase, exchange,
lease, gift, bequest, devise, or otherwise, any property, real or
personal, or rights or interests ((therein)) to property; ((to))
maintain, administer, and improve any properties acquired((, to));
receive income from such properties ((and to)); expend ((such)) income
received from such properties in carrying out the purposes and
provisions of this chapter ((184, Laws of 1973 1st ex. sess.)); and
((to)) sell, lease, or otherwise dispose of any of its property or
interests therein in furtherance of the purposes and the provisions of
this chapter ((184, Laws of 1973 1st ex. sess.));
(((6) To)) (f) Make available, on such terms, as it shall
prescribe, to land occupiers within the district, agricultural and
engineering machinery and equipment, fertilizer, seeds, seedlings, and
such other equipment and material as will assist them to carry on
operations upon their lands for the conservation of renewable natural
resources;
(((7) To)) (g) Prepare and keep current a comprehensive long-range
program recommending the conservation of all the renewable natural
resources of the district((. Such programs shall be directed toward
the best use of renewable natural resources and in a manner that will
best meet the needs of the district and the state, taking into
consideration, where appropriate, such uses as farming, grazing, timber
supply, forest, parks, outdoor recreation, potable water supplies for
urban and rural areas, water for agriculture, minimal flow, and
industrial uses, watershed stabilization, control of soil erosion,
retardation of water run-off, flood prevention and control, reservoirs
and other water storage, restriction of developments of flood plains,
protection of open space and scenery, preservation of natural beauty,
protection of fish and wildlife, preservation of wilderness areas and
wild rivers, the prevention or reduction of sedimentation and other
pollution in rivers and other waters, and such location of highways,
schools, housing developments, industries, airports and other
facilities and structures as will fit the needs of the state and be
consistent with the best uses of the renewable natural resources of the
state. The program shall include an inventory of all renewable natural
resources in the district, a compilation of current resource needs,
projections of future resource requirements, priorities for various
resource activities, projected timetables, descriptions of available
alternatives, and provisions for coordination with other resource
programs.)) according to section 35 of this act;
The district shall also prepare an annual work plan, which shall
describe the action programs, services, facilities, materials, working
arrangements and estimated funds needed to carry out the parts of the
long-range programs that are of the highest priorities.
The districts shall hold public hearings at appropriate times in
connection with the preparation of programs and plans, shall give
careful consideration to the views expressed and problems revealed in
hearings, and shall keep the public informed concerning their programs,
plans, and activities. Occupiers of land shall be invited to submit
proposals for consideration to such hearings. The districts may
supplement such hearings with meetings, referenda and other suitable
means to determine the wishes of interested parties and the general
public in regard to current and proposed plans and programs of a
district. They shall confer with public and private agencies,
individually and in groups, to give and obtain information and
understanding of the impact of district operations upon agriculture,
forestry, water supply and quality, flood control, particular
industries, commercial concerns and other public and private interests,
both rural and urban.
Each district shall submit to the commission its proposed long-range program and annual work plans for review and comment.
The long-range renewable natural resource program, together with
the supplemental annual work plans, developed by each district under
the foregoing procedures shall have official status as the authorized
program of the district, and it shall be published by the districts as
its "renewable resources program". Copies shall be made available by
the districts to the appropriate counties, municipalities, special
purpose districts and state agencies, and shall be made available in
convenient places for examination by public land occupier or private
interest concerned. Summaries of the program and selected material
therefrom shall be distributed as widely as feasible for public
information
(((8) To)) (h) Administer any project or program concerned with the
conservation of renewable natural resources located within its
boundaries that is undertaken by any federal, state, or other public
agency by entering into a contract or other appropriate administrative
arrangement with any agency administering such project or program;
(((9))) (i) Cooperate with other districts organized under this
chapter ((184, Laws of 1973 1st ex. sess.)) in the exercise of any of
its powers;
(((10) To)) (j) Accept donations, gifts, and contributions in
money, services, materials, or otherwise, from the United States or any
of its agencies, from this state or any of its agencies, or from any
other source, and ((to)) use or expend such moneys, services,
materials, or any contributions in carrying out the purposes of this
chapter ((184, Laws 1973 1st ex. sess.)); and
(((11) To)) (k) Sue and be sued in the name of the district; ((to))
have a seal which shall be judicially noticed; have perpetual
succession unless terminated as ((hereinafter)) provided in this
chapter; ((to)) make and execute contracts and other instruments,
necessary or convenient to the exercise of its powers; ((to)) borrow
money and ((to)) pledge, mortgage, and assign the income of the
district and its real or personal property ((therefor)); and ((to))
make((,)) and amend rules and regulations not inconsistent with this
chapter ((184, Laws of 1973 1st ex. sess.)) and ((to)) carry into
effect its purposes((;)).
(12) Any two or more districts may engage in joint activities by
agreement between or among them in planning, financing, constructing,
operating, maintaining, and administering any program or project
concerned with the conservation of renewable natural resources. The
districts concerned may make available for purposes of the agreement
any funds, property, personnel, equipment, or services available to
them under chapter 184, Laws of 1973 1st ex. sess.;
Any district may enter into such agreements with a district or
districts in adjoining states to carry out such purposes if the law in
such other states permits the districts in such states to enter into
such agreements.
The commission shall have authority to propose, guide, and
facilitate the establishment and carrying out of any such agreement;
(13) Every district shall, through public hearings, annual
meetings, publications, or other means, keep the general public,
agencies and occupiers of land within the district, informed of the
works and activities planned and administered by the district, of the
purposes these will serve, of the income and expenditures of the
district, of the funds borrowed by the district and the purposes for
which such funds are expended, and of the results achieved annually by
the district; and
(14) The supervisors of conservation districts may designate an
area, state, and national association of conservation districts as a
coordinating agency in the execution of the duties imposed by this
chapter, and to make gifts in the form of dues, quotas, or otherwise to
such associations for costs of services rendered, and may support and
attend such meetings as may be required to promote and perfect the
organization and to effect its purposes
NEW SECTION. Sec. 45 A new section is added to chapter 89.08 RCW
to read as follows:
A comprehensive long-range program recommending the conservation of
all the renewable natural resources of the district that is adopted as
authorized by RCW 89.08.220(2)(g) shall be directed toward the best use
of renewable natural resources and in a manner that will best meet the
needs of the district and the state, taking into consideration, where
appropriate, such uses as farming, grazing, timber supply, forests,
parks, outdoor recreation, potable water supplies for urban and rural
areas, water for agriculture, minimal flow, and industrial uses,
watershed stabilization, control of soil erosion, retardation of water
run-off, flood prevention and control, reservoirs and other water
storage, restriction of developments of flood plains, protection of
open space and scenery, preservation of natural beauty, protection of
fish and wildlife, preservation of wilderness areas and wild rivers,
the prevention or reduction of sedimentation and other pollution in
rivers and other waters, and such location of highways, schools,
housing developments, industries, airports, and other facilities and
structures as will fit the needs of the state and be consistent with
the best uses of the renewable natural resources of the state. The
program shall include an inventory of all renewable natural resources
in the district, a compilation of current resource needs, projections
of future resource requirements, priorities for various resource
activities, projected timetables, descriptions of available
alternatives, and provisions for coordination with other resource
programs.
The district shall also prepare an annual work plan, which shall
describe the action programs, services, facilities, materials, working
arrangements, and estimated funds needed to carry out the parts of the
long-range programs that are of the highest priorities.
The districts shall hold public hearings at appropriate times in
connection with the preparation of programs and plans, shall give
careful consideration to the views expressed and problems revealed in
hearings, and shall keep the public informed concerning their programs,
plans, and activities. Occupiers of land shall be invited to submit
proposals for consideration to such hearings. The districts may
supplement such hearings with meetings, referenda, and other suitable
means to determine the wishes of interested parties and the general
public in regard to current and proposed plans and programs of a
district. They shall confer with public and private agencies,
individually and in groups, to give and obtain information and
understanding of the impact of district operations upon agriculture,
forestry, water supply and quality, flood control, particular
industries, commercial concerns, and other public and private
interests, both rural and urban.
Each district shall submit to the commission its proposed long-range program and annual work plans for review and comment.
The long-range renewable natural resource program, together with
the supplemental annual work plans, developed by each district under
the foregoing procedures shall have official status as the authorized
program of the district, and it shall be published by the districts as
its renewable resources program. Copies shall be made available by the
districts to the appropriate counties, municipalities, special purpose
districts, and state agencies, and shall be made available in
convenient places for examination by public land occupier or private
interest concerned. Summaries of the program and selected material
therefrom shall be distributed as widely as feasible for public
information.
NEW SECTION. Sec. 46 A new section is added to chapter 89.08 RCW
to read as follows:
(1) Any two or more districts may engage in joint activities by
agreement between or among them in planning, financing, constructing,
operating, maintaining, and administering any program or project
concerned with the conservation of renewable natural resources. The
districts concerned may make available for purposes of the agreement
any funds, property, personnel, equipment, or services available to
them under this chapter.
(2) Any district may enter into such agreements with a district or
districts in adjoining states to carry out such purposes if the law in
such other states permits the districts in such states to enter into
such agreements.
(3) The commission shall have authority to propose, guide, and
facilitate the establishment and carrying out of any agreement made
according to this section.
NEW SECTION. Sec. 47 A new section is added to chapter 89.08 RCW
to read as follows:
Every district shall, through public hearings, annual meetings,
publications, or other means, keep the general public, agencies, and
occupiers of land within the district, informed of the works and
activities planned and administered by the district, of the purposes
these will serve, of the income and expenditures of the district, of
the funds borrowed by the district and the purposes for which such
funds are expended, and of the results achieved annually by the
district.
NEW SECTION. Sec. 48 A new section is added to chapter 89.08 RCW
to read as follows:
The supervisors of conservation districts may designate an area,
state, and national association of conservation districts as a
coordinating agency in the execution of the duties imposed by this
chapter. The supervisors of conservation districts may make gifts in
the form of dues, quotas, or otherwise to such associations for costs
of services rendered and may support and attend such meetings as may be
required to promote and perfect the organization and to effect its
purposes.
Sec. 49 RCW 89.08.341 and 1973 1st ex.s. c 184 s 24 are each
amended to read as follows:
(1) Any agency of the government of this state and any local
political subdivision of this state is hereby authorized to make such
arrangements with any district, through contract, regulation or other
appropriate means, wherever it believes that such arrangements will
promote administrative efficiency or economy.
(2) In connection with any ((such)) arrangements authorized under
subsection (1) of this section, any state or local agency or political
subdivision of this state is authorized, within the limits of funds
available to it, to contribute funds, equipment, property or services
to any district; and to collaborate with a district in jointly
planning, constructing, financing or operating any work or activity
provided for in such arrangements and in the joint acquisition,
maintenance and operation of equipment or facilities in connection
therewith.
(3) The commission and other state agencies, the districts, and
((other)) local agencies are authorized to make available to each other
maps, reports and data in their possession that are useful in the
preparation of their respective programs and plans for resource
conservation. The districts shall keep the commission, other state
agencies, and local agencies fully informed ((concerning)) of the
status and progress of the preparation of their resource conservation
programs and plans.
(4) The state conservation commission and the counties of the state
may provide respective conservation districts such administrative funds
as will be necessary to carry out the purpose of this chapter ((184,
Laws of 1973 1st ex. sess)).
Sec. 50 RCW 89.08.350 and 1999 c 305 s 9 are each amended to read
as follows:
(1) At any time after five years from the date of organization of
a district, twenty percent of the voters in the district may file with
the commission a petition((,)) praying that the district be dissolved.
(2) The commission may hold public hearings ((thereon, and)) on a
petition filed according to this section. Within sixty days from
receipt of the petition, the commission shall give ((due)) notice of an
election on the question of dissolution. ((It)) The commission shall
provide appropriate ballots, conduct the election, canvass the returns,
and declare the results in the ((same)) manner ((as)) specified in this
chapter for elections to create a district.
(3) All district electors may vote at the election conducted
according to this section. No informality relating to the election
shall invalidate it if notice is substantially given and the election
is fairly conducted.
Sec. 51 RCW 89.08.360 and 1999 c 305 s 10 are each amended to
read as follows:
If a majority of the votes cast at the election are for
dissolution, the district shall be dissolved. Under such
circumstances, the commission shall enter an order dissolving the
district.
Sec. 52 RCW 89.08.370 and 1999 c 305 s 11 are each amended to
read as follows:
(1) If the district is ordered dissolved, the supervisors shall
((forthwith)) promptly terminate the affairs of the district ((and)),
dispose of all district property at public auction, and ((pay)) use the
proceeds ((therefrom)) from the auction to pay any debts of the
district ((and)). Any remaining balance shall be paid to the state
treasurer.
((They)) (2) After satisfying the requirements of subsection (1) of
this section, the supervisors shall then file a verified application
with the secretary of state for the dissolution of the district((,))
accompanied by a certificate of the commission reciting the
determination that further operation of the district is impracticable.
The application shall recite that:
(a) The property of the district has been disposed of((, that));
(b) The proceeds ((therefrom)) from the property have been used to
pay any debts of the district; and
(c) Any remaining balance has been paid to the state treasurer,
((and contain)) accompanied by a full accounting of the property and
proceeds. ((Thereupon))
(3) Upon receiving the verified application and the certificate
required by subsection (2) of this section, the secretary shall issue
to the supervisors a certificate of dissolution and file a copy thereof
in his or her records.
Sec. 53 RCW 89.08.390 and 1939 c 187 s 17 are each amended to
read as follows:
Insofar as any of the provisions of this chapter are inconsistent
with the provisions of any other law, the provisions of this chapter
shall be controlling((: PROVIDED, HOWEVER, That)). None of the
provisions of this chapter shall be construed so as to impair water
rights appurtenant to lands within or without the boundaries of any
district or districts organized ((hereunder)) according to this
chapter.
Sec. 54 RCW 89.08.391 and 1973 1st ex.s. c 184 s 30 are each
amended to read as follows:
Insofar as any of the provisions of this chapter are inconsistent
with the provisions of any other law, the provisions of this chapter
shall be controlling((: PROVIDED, HOWEVER, That)). None of the
provisions of this chapter shall be construed so as to impair water
rights appurtenant to lands within or without the boundaries of any
district or districts organized ((hereunder)) according to this
chapter.
Sec. 55 RCW 89.08.400 and 1992 c 70 s 1 are each amended to read
as follows:
(1) Special assessments are authorized to be imposed for
conservation districts as provided in this section. Activities and
programs to conserve natural resources, including soil and water, are
declared to be of special benefit to lands and may be used as the basis
upon which special assessments are imposed.
(2)(a) Special assessments to finance the activities of a
conservation district may be imposed by the county legislative
authority of the county in which the conservation district is located
for a period or periods each not to exceed ten years in duration.
(b) The supervisors of a conservation district shall hold a public
hearing on a proposed system of assessments prior to the first day of
August in the year prior to which it is proposed that the initial
special assessments be collected. At that public hearing, the
supervisors shall gather information and shall alter the proposed
system of assessments when appropriate, including the number of years
during which it is proposed that the special assessments be imposed.
(c) On or before the first day of August in that year, the
supervisors of a conservation district shall file the proposed system
of assessments, indicating the years during which it is proposed that
the special assessments shall be imposed, and a proposed budget for the
succeeding year with the county legislative authority of the county
within which the conservation district is located and with the
commission. The county legislative authority shall hold a public
hearing on the proposed system of assessments. After the hearing, the
county legislative authority may accept, or modify and accept, the
proposed system of assessments, including the number of years during
which the special assessments shall be imposed, if it finds that both
the public interest will be served by the imposition of the special
assessments and that the special assessments to be imposed on any land
will not exceed the special benefit that the land receives or will
receive from the activities of the conservation district.
(d) The findings of the county legislative authority shall be final
and conclusive.
(e) Special assessments may be altered during this period on
individual parcels in accordance with the system of assessments if land
is divided or land uses or other factors change.
(f) Notice of the public hearings held by the supervisors and the
county legislative authority shall be posted conspicuously in at least
five places throughout the conservation district((,)) and published
once a week for two consecutive weeks in a newspaper in general
circulation throughout the conservation district, with the date of the
last publication at least five days prior to the public hearing.
(3) A system of assessments shall classify lands in the
conservation district into suitable classifications according to
benefits conferred or to be conferred by the activities of the
conservation district, determine an annual per acre rate of assessment
for each classification of land, and indicate the total amount of
special assessments proposed to be obtained from each classification of
lands. Lands deemed not to receive benefit from the activities of the
conservation district shall be placed into a separate classification
and shall not be subject to the special assessments. An annual
assessment rate shall be stated as either uniform annual per acre
amount, or an annual flat rate per parcel plus a uniform annual rate
per acre amount, for each classification of land. The maximum annual
per acre special assessment rate shall not exceed ten cents per acre.
The maximum annual per parcel rate shall not exceed five dollars.
(4) Public land, including lands owned or held by the state, shall
be subject to special assessments to the same extent as privately owned
lands. The procedures provided in chapter 79.44 RCW shall be followed
if lands owned or held by the state are subject to the special
assessments of a conservation district.
(5) Forest lands used solely for the planting, growing, or
harvesting of trees may be subject to special assessments if such lands
benefit from the activities of the conservation district, but the per
acre rate of special assessment on benefited forest lands shall not
exceed one-tenth of the weighted average per acre assessment on all
other lands within the conservation district that are subject to its
special assessments. The calculation of the weighted average per acre
special assessment shall be a ratio calculated as follows: (a) The
numerator shall be the total amount of money estimated to be derived
from the imposition of per acre special assessments on the nonforest
lands in the conservation district; and (b) the denominator shall be
the total number of nonforest land acres in the conservation district
that receive benefit from the activities of the conservation district
and which are subject to the special assessments of the conservation
district. No more than ten thousand acres of such forest lands that is
both owned by the same person or entity and is located in the same
conservation district may be subject to the special assessments that
are imposed for that conservation district in any year. Per parcel
charges shall not be imposed on forest land parcels. However, in lieu
of a per parcel charge, a charge of up to three dollars per forest
landowner may be imposed on each owner of forest lands whose forest
lands are subject to a per acre rate of assessment.
(((4))) (6) A conservation district shall prepare an assessment
roll that implements the system of assessments approved by the county
legislative authority. The special assessments from the assessment
roll shall be spread by the county assessor as a separate item on the
tax rolls and shall be collected and accounted for with property taxes
by the county treasurer. The amount of a special assessment shall
constitute a lien against the land that shall be subject to the same
conditions as a tax lien, collected by the treasurer in the same manner
as delinquent real property taxes, and subject to the same interest
rate and penalty as for delinquent property taxes. The county
treasurer shall deduct an amount from the collected special
assessments, as established by the county legislative authority, to
cover the costs incurred by the county assessor and county treasurer in
spreading and collecting the special assessments, but not to exceed the
actual costs of such work.
(((5))) (7) The special assessments for a conservation district
shall not be spread on the tax rolls and shall not be collected with
property tax collections in the following year if, after the system of
assessments has been approved by the county legislative authority but
prior to the fifteenth day of December in that year, a petition has
been filed with the county legislative authority objecting to the
imposition of such special assessments, which petition has been signed
by at least twenty percent of the owners of land that would be subject
to the special assessments to be imposed for a conservation district.
Sec. 56 RCW 89.08.410 and 1989 c 18 s 2 are each amended to read
as follows:
The ((state conservation)) commission may authorize grants to
conservation districts from moneys appropriated to the commission for
such purposes as provided in this section. ((Such)) The grants shall
be made annually on or before the last day of June of each year and
shall be made only to those conservation districts that apply for the
grants. After all the grant requests have been submitted, the initial
grants in any year shall be made so that a conservation district shall
not receive a grant in excess of the lesser of: (1) An amount equal to
the total moneys obtained by the conservation district from all other
sources, other than any grants obtained from the state, during the
preceding calendar year; or (2) twenty-two thousand five hundred
dollars. If the appropriated moneys are insufficient to make the
maximum level of the initial grants, each grant amount shall be reduced
by an equal dollar amount until the total amount of the grants is equal
to the amount of the appropriation.
However, further grants shall be made to those conservation
districts that were limited to grants of twenty-two thousand five
hundred dollars if the appropriated moneys are in excess of the amount
of the initial distribution of grants, but the total of both grants to
any conservation district in any year shall not exceed an amount equal
to the total moneys obtained by that conservation district from all
other sources, other than any grants obtained from the state, during
the preceding calendar year. If the appropriated moneys are
insufficient to make the second distribution of grants, each grant
under the second distribution shall be reduced by an equal dollar
amount until the total amount of all the grants is equal to the amount
of the appropriation.
Sec. 57 RCW 35.63.230 and 2003 c 39 s 15 are each amended to read
as follows:
A permit required under this chapter for a watershed restoration
project as defined in RCW 89.08.460 (as recodified by this act) shall
be processed in compliance with RCW 89.08.450 through 89.08.510 (as
recodified by this act). A fish habitat enhancement project meeting
the criteria of RCW 77.55.290(1) shall be reviewed and approved
according to the provisions of RCW 77.55.290.
Sec. 58 RCW 35A.63.250 and 2003 c 39 s 17 are each amended to
read as follows:
A permit required under this chapter for a watershed restoration
project as defined in RCW 89.08.460 (as recodified by this act) shall
be processed in compliance with RCW 89.08.450 through 89.08.510 (as
recodified by this act). A fish habitat enhancement project meeting
the criteria of RCW 77.55.290(1) shall be reviewed and approved
according to the provisions of RCW 77.55.290.
Sec. 59 RCW 36.70.992 and 2003 c 39 s 20 are each amended to read
as follows:
A permit required under this chapter for a watershed restoration
project as defined in RCW 89.08.460 (as recodified by this act) shall
be processed in compliance with RCW 89.08.450 through 89.08.510 (as
recodified by this act). A fish habitat enhancement project meeting
the criteria of RCW 77.55.290(1) shall be reviewed and approved
according to the provisions of RCW 77.55.290.
Sec. 60 RCW 36.70A.460 and 2003 c 39 s 21 are each amended to
read as follows:
A permit required under this chapter for a watershed restoration
project as defined in RCW 89.08.460 (as recodified by this act) shall
be processed in compliance with RCW 89.08.450 through 89.08.510 (as
recodified by this act). A fish habitat enhancement project meeting
the criteria of RCW 77.55.290(1) shall be reviewed and approved
according to the provisions of RCW 77.55.290.
Sec. 61 RCW 43.21C.0382 and 2003 c 39 s 23 are each amended to
read as follows:
Decisions pertaining to watershed restoration projects as defined
in RCW 89.08.460 (as recodified by this act) are not subject to the
requirements of RCW 43.21C.030(2)(c). Decisions pertaining to fish
habitat enhancement projects meeting the criteria of RCW 77.55.290(1)
and being reviewed and approved according to the provisions of RCW
77.55.290 are not subject to the requirements of RCW 43.21C.030(2)(c).
Sec. 62 RCW 43.30.480 and 1995 c 378 s 13 are each amended to
read as follows:
A permit required by the department for a watershed restoration
project as defined in RCW 89.08.460 (as recodified by this act) shall
be processed in compliance with RCW 89.08.450 through 89.08.510 (as
recodified by this act).
Sec. 63 RCW 77.55.210 and 1995 c 378 s 14 are each amended to
read as follows:
A hydraulic project approval required by the department for a
watershed restoration project as defined in RCW 89.08.460 (as
recodified by this act) shall be processed in compliance with RCW
89.08.450 through 89.08.510 (as recodified by this act).
Sec. 64 RCW 90.48.430 and 1995 c 378 s 15 are each amended to
read as follows:
A permit, certification, or other approval required by the
department for a watershed restoration project as defined in RCW
89.08.460 (as recodified by this act) shall be processed in compliance
with RCW 89.08.450 through 89.08.510 (as recodified by this act).
Public review of proposed watershed restoration projects may be
shortened or waived by the department.
Sec. 65 RCW 90.58.515 and 1995 c 378 s 16 are each amended to
read as follows:
Watershed restoration projects as defined in RCW 89.08.460 (as
recodified by this act) are exempt from the requirement to obtain a
substantial development permit. Local government shall review the
projects for consistency with the locally adopted shoreline master
program in an expeditious manner and shall issue its decision along
with any conditions within forty-five days of receiving a complete
consolidated application form from the applicant. No fee may be
charged for accepting and processing applications for watershed
restoration projects as used in this section.
Sec. 66 RCW 90.71.020 and 1998 c 246 s 14 are each amended to
read as follows:
(1) The Puget Sound action team is created. The action team shall
consist of: The directors of the departments of ecology; agriculture;
natural resources; fish and wildlife; and community, trade, and
economic development; the secretaries of the departments of health and
transportation; the director of the parks and recreation commission;
the director of the interagency committee for outdoor recreation; the
administrative officer of the conservation commission designated in RCW
89.08.050 (as recodified by this act); one person representing cities,
appointed by the governor; one person representing counties, appointed
by the governor; one person representing federally recognized tribes,
appointed by the governor; and the chair of the action team. The
action team shall also include the following ex officio nonvoting
members: The regional director of the United States environmental
protection agency; the regional administrator of the national marine
fisheries service; and the regional supervisor of the United States
fish and wildlife service. The members representing cities and
counties shall each be reimbursed for travel expenses as provided in
RCW 43.03.050 and 43.03.060.
(2) The action team shall:
(a) Prepare a Puget Sound work plan and budget for inclusion in the
governor's biennial budget;
(b) Coordinate monitoring and research programs as provided in RCW
90.71.060;
(c) Work under the direction of the action team chair as provided
in RCW 90.71.040;
(d) Coordinate permitting requirements as necessary to expedite
permit issuance for any local watershed plan developed pursuant to
rules adopted under this chapter;
(e) Identify and resolve any policy or rule conflicts that may
exist between one or more agencies represented on the action team;
(f) Periodically amend the Puget Sound management plan;
(g) Enter into, amend, and terminate contracts with individuals,
corporations, or research institutions for the purposes of this
chapter;
(h) Receive such gifts, grants, and endowments, in trust or
otherwise, for the use and benefit of the purposes of the action team.
The action team may expend the same or any income therefrom according
to the terms of the gifts, grants, or endowments;
(i) Promote extensive public participation, and otherwise seek to
broadly disseminate information concerning Puget Sound;
(j) Receive and expend funding from other public agencies;
(k) To reduce costs and improve efficiency, review by December 1,
1996, all requirements for reports and documentation from state
agencies and local governments specified in the plan for the purpose of
eliminating and consolidating reporting requirements; and
(l) Beginning in December 1998, and every two years thereafter,
submit a report to the appropriate policy and fiscal committees of the
legislature that describes and evaluates the successes and shortcomings
of the current work plan relative to the priority problems identified
for each geographic area of Puget Sound.
(3) By July 1, 1996, the action team shall begin developing its
initial work plan, which shall include the coordination of necessary
support staff.
(4) The action team shall incorporate, to the maximum extent
possible, the recommendations of the council regarding amendments to
the Puget Sound management plan and the work plan.
(5) All proceedings of the action team are subject to the open
public meetings act under chapter 42.30 RCW.
NEW SECTION. Sec. 67 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 68 This act does not affect any existing right
acquired or liability or obligation incurred under the sections amended
in this act or under any rule or order adopted under those sections,
nor does it affect any proceeding instituted under those sections.
NEW SECTION. Sec. 69 The following sections are each recodified
as sections in the new chapter created in section 70 of this act: RCW
89.08.030, 89.08.040, 89.08.050, 89.08.060, 89.08.070, 89.08.450,
89.08.460, 89.08.470, 89.08.480, 89.08.490, 89.08.500, 89.08.510,
89.08.520, 89.08.530, and 89.08.540.
NEW SECTION. Sec. 70 Section 1 of this act constitutes a new
chapter in Title