BILL REQ. #: S-2293.1
State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 03/10/03.
AN ACT Relating to watershed planning; amending RCW 90.82.040 and 90.82.130; adding a new section to chapter 90.82 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature declares and reaffirms that
a core principle embodied in chapter 90.82 RCW is that state agencies
must work cooperatively with local citizens in a process of planning
for future uses of water by giving local citizens and the governments
closest to them the ability to determine the management of water in the
WRIA or WRIAs being planned.
The legislature further finds that this process of local planning
must have all the tools necessary to accomplish this task and that it
is essential for the legislature to provide a clear statutory process
for implementation so that the locally developed plan will be the
adopted and implemented plan to the greatest extent possible.
Sec. 2 RCW 90.82.040 and 2001 c 237 s 2 are each amended to read
as follows:
(1) Once a WRIA planning unit has been initiated under RCW
90.82.060 and a lead agency has been designated, it shall notify the
department and may apply to the department for funding assistance for
conducting the planning and implementation. Funds shall be provided
from and to the extent of appropriations made by the legislature to the
department expressly for this purpose.
(2)(a) Each planning unit that has complied with subsection (1) of
this section is eligible to receive watershed planning grants in the
following amounts for the first three phases of watershed planning and
phase four watershed plan implementation:
(i) Initiating governments may apply for an initial organizing
grant of up to fifty thousand dollars for a single WRIA or up to
seventy-five thousand dollars for a multi-WRIA management area in
accordance with RCW 90.82.060(4);
(ii)(A) A planning unit may apply for up to two hundred thousand
dollars for each WRIA in the management area for conducting watershed
assessments in accordance with RCW 90.82.070, except that a planning
unit that chooses to conduct a detailed assessment or studies under
(a)(ii)(B) of this subsection or whose initiating governments choose or
have chosen to include an instream flow or water quality component in
accordance with RCW 90.82.080 or 90.82.090 may apply for up to one
hundred thousand additional dollars for each instream flow and up to
one hundred thousand additional dollars for each water quality
component included for each WRIA to conduct an assessment on that
optional component and for each WRIA in which the assessments or
studies under (a)(ii)(B) of this subsection are conducted.
(B) A planning unit may elect to apply for up to one hundred
thousand additional dollars to conduct a detailed assessment of
multipurpose water storage opportunities or for studies of specific
multipurpose storage projects which opportunities or projects are
consistent with and support the other elements of the planning unit's
watershed plan developed under this chapter; and
(iii) A planning unit may apply for up to two hundred fifty
thousand dollars for each WRIA in the management area for developing a
watershed plan and making recommendations for actions by local, state,
and federal agencies, tribes, private property owners, private
organizations, and individual citizens, including a recommended list of
strategies and projects that would further the purpose of the plan in
accordance with RCW 90.82.060 through 90.82.100.
(b) A planning unit may request a different amount for phase two or
phase three of watershed planning than is specified in (a) of this
subsection, provided that the total amount of funds awarded do not
exceed the maximum amount the planning unit is eligible for under (a)
of this subsection. The department shall approve such an alternative
allocation of funds if the planning unit identifies how the proposed
alternative will meet the goals of this chapter and provides a proposed
timeline for the completion of planning. However, the up to one
hundred thousand additional dollars in funding for instream flow and
water quality components and for water storage assessments or studies
that a planning unit may apply for under (a)(ii)(A) of this subsection
may be used only for those instream flow, water quality, and water
storage purposes.
(c) By December 1, 2001, or within one year of initiating phase one
of watershed planning, whichever occurs later, the initiating
governments for each planning unit must inform the department whether
they intend to have the planning unit establish or amend instream flows
as part of its planning process. If they elect to have the planning
unit establish or amend instream flows, the planning unit is eligible
to receive one hundred thousand dollars for that purpose in accordance
with (a)(ii) of this subsection. If the initiating governments for a
planning unit elect not to establish or amend instream flows as part of
the unit's planning process, the department shall retain one hundred
thousand dollars to carry out an assessment to support establishment of
instream flows and to establish such flows in accordance with RCW
90.54.020(3)(a) and chapter 90.22 RCW. The department shall not use
these funds to amend an existing instream flow unless requested to do
so by the initiating governments for a planning unit.
(d) In administering funds appropriated for supplemental funding
for optional plan components under (a)(ii) of this subsection, the
department shall give priority in granting the available funds to
proposals for setting or amending instream flows.
(e) A planning unit may apply for a matching grant for phase four
watershed plan implementation. A match of ten percent is required and
may include financial contributions or in-kind goods and services
directly related to coordination and oversight functions. The match
can be provided by the planning unit or by the combined commitments
from federal agencies, tribal governments, local governments, special
districts, or other local organizations. The phase four grant may be
up to one hundred thousand dollars for each planning unit for each of
the first three years of implementation. At the end of the three-year
period, a two-year extension may be available for up to fifty thousand
dollars each year. For planning units that cover more than one WRIA,
additional matching funds of up to twenty-five thousand dollars may be
available for each additional WRIA per year for the first three years
of implementation, and up to twelve thousand five hundred dollars per
WRIA per year for each of the fourth and fifth years.
(3)(a) The department shall use the eligibility criteria in this
subsection (3) instead of rules, policies, or guidelines when
evaluating grant applications at each stage of the grants program.
(b) In reviewing grant applications under this subsection (3), the
department shall evaluate whether:
(i) The planning unit meets all of the requirements of this
chapter;
(ii) The application demonstrates a need for state planning funds
to accomplish the objectives of the planning process; and
(iii) The application and supporting information evidences a
readiness to proceed.
(c) In ranking grant applications submitted at each stage of the
grants program, the department shall give preference to applications in
the following order of priority:
(i) Applications from existing planning groups that have been in
existence for at least one year;
(ii) Applications that address protection and enhancement of fish
habitat in watersheds that have aquatic fish species listed or proposed
to be listed as endangered or threatened under the federal endangered
species act, 16 U.S.C. Sec. 1531 et seq. and for which there is
evidence of an inability to supply adequate water for population and
economic growth from:
(A) First, multi-WRIA planning; and
(B) Second, single WRIA planning;
(iii) Applications that address protection and enhancement of fish
habitat in watersheds or for which there is evidence of an inability to
supply adequate water for population and economic growth from:
(A) First, multi-WRIA planning; and
(B) Second, single WRIA planning.
(d) Except for phase four watershed plan implementation, the
department may not impose any local matching fund requirement as a
condition for grant eligibility or as a preference for receiving a
grant.
(4) The department may retain up to one percent of funds allocated
under this section to defray administrative costs.
(5) Planning under this chapter should be completed as
expeditiously as possible, with the focus being on local stakeholders
cooperating to meet local needs.
(6) Funding provided under this section shall be considered a
contractual obligation against the moneys appropriated for this
purpose.
Sec. 3 RCW 90.82.130 and 2001 c 237 s 4 are each amended to read
as follows:
(1)(a) Upon completing its proposed watershed plan, the planning
unit may approve the proposal by consensus of all of the members of the
planning unit or by consensus among the members of the planning unit
appointed to represent units of government and a majority vote of the
nongovernmental members of the planning unit.
(b) If the proposal is approved by the planning unit, the unit
shall submit the proposal to the counties with territory within the
management area. If the planning unit has received funding beyond the
initial organizing grant under RCW 90.82.040, such a proposal approved
by the planning unit shall be submitted to the counties within four
years of the date that funds beyond the initial funding are first drawn
upon by the planning unit.
(c) If the watershed plan is not approved by the planning unit, the
planning unit may submit the components of the plan for which agreement
is achieved using the procedure under (a) of this subsection, or the
planning unit may terminate the planning process.
(2)(a) With the exception of a county legislative authority that
chooses to opt out of watershed planning as provided in (c) of this
subsection, the legislative authority of each of the counties with
territory in the management area shall provide public notice of and
conduct at least one public hearing on the proposed watershed plan
submitted under this section. After the public hearings, the
legislative authorities of these counties shall convene in joint
session to consider the proposal. The counties may approve or reject
the proposed watershed plan for the management area, but may not amend
it. Approval of such a proposal shall be made by a majority vote of
the members of each of the counties with territory in the management
area.
(b) If a proposed watershed plan is not approved, it shall be
returned to the planning unit with recommendations for revisions.
Approval of such a revised proposal by the planning unit and the
counties shall be made in the same manner provided for the original
watershed plan. If approval of the revised plan is not achieved, the
process shall terminate.
(c) Alternatively, a legislative authority may choose to opt out of
watershed planning under this chapter and the public hearing processes
under (a) and (b) of this subsection, with regard to that legislative
authority's affected territory within a particular management area. A
county choosing to opt out shall notify the department and the other
initiating governments of that choice prior to commencement of plan
adoption under the provisions of (a) of this subsection. A county
choosing to opt out shall not be bound by obligations contained in the
watershed plan adopted for that management area under this chapter.
Even if a county chooses to opt out as provided in this section, the
other counties within a management area may adopt a proposed watershed
plan as provided in this chapter.
(3) The planning unit shall not add an element to its watershed
plan that creates an obligation unless each of the governments to be
obligated has at least one representative on the planning unit and the
respective members appointed to represent those governments agree to
adding the element that creates the obligation. A member's agreeing to
add an element shall be evidenced by a recorded vote of all members of
the planning unit in which the members record support for adding the
element. If the watershed plan is approved under subsections (1) and
(2) of this section and the plan creates obligations: (a) For agencies
of state government, the agencies shall adopt by rule the obligations
of both state and county governments and rules implementing the state
obligations, or, with the consent of the planning unit, may adopt
policies, procedures, or agreements related to the obligations or
implementation of the obligations. The obligations on state agencies
are binding upon adoption of the obligations ((into rule)), and the
agencies shall take other actions to fulfill their obligations as soon
as possible, and should annually review implementation needs with
respect to budget and staffing; ((or)) (b) for counties, the
obligations are binding on the counties and the counties shall adopt
any necessary implementing ordinances and take other actions to fulfill
their obligations as soon as possible, and should annually review
implementation needs with respect to budget and staffing; or (c) for an
organization voluntarily accepting an obligation, the organization must
adopt policies, procedures, agreements, rules, or ordinances to
implement the plan, and should annually review implementation needs
with respect to budget and staffing.
(4) After a plan is adopted in accordance with subsection (3) of
this section, and if the department participated in the planning
process, the plan shall be deemed to satisfy the watershed planning
authority of the department with respect to the components included
under the provisions of RCW 90.82.070 through 90.82.100 for the
watershed or watersheds included in the plan. The department shall
rely on such a plan in making all future water resource decisions for
the planned watershed or watersheds. The department shall also rely
upon the plan as a primary consideration in determining the public
interest related to such decisions.
(5) Once a plan is adopted under the provisions of RCW 90.82.130,
the department may only modify the plan or obligations imposed by the
plan through a negotiated rule-making process conducted among water
right holders and other affected residents in a watershed or group of
watersheds, and must include the members of the original planning unit,
to the greatest extent practicable.
(6) As used in this section, "obligation" means any action required
as a result of this chapter that imposes upon a tribal government,
county government, or state government, either: A fiscal impact; a
redeployment of resources; or a change of existing policy.
NEW SECTION. Sec. 4 A new section is added to chapter 90.82 RCW
to read as follows:
Within one year of accepting funding for plan coordination and
oversight, the planning unit must complete a detailed implementation
plan. An implementation plan must clearly define coordination and
oversight responsibilities; any needed interlocal agreements, rules, or
ordinances; specific funding mechanisms; and timelines for carrying out
the actions included in the plan. The planning unit must consider
coordination of watershed planning implementation with salmon recovery
efforts. Submittal of a detailed implementation plan to the department
is a condition for receiving grants for the second and all subsequent
years of the phase four grant.
NEW SECTION. Sec. 5 If specific funding for the purposes of this
act, referencing this act by bill or chapter number, is not provided by
June 30, 2003, in the omnibus appropriations act, this act is null and
void.