BILL REQ. #:  H-2787.1 

READ FIRST TIME 3/5/07.   

     AN ACT Relating to shellfish protection programs; amending RCW 90.72.020; adding new sections to chapter 90.72 RCW; creating new sections; and repealing RCW 90.72.030 and 90.72.045.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature recognizes the importance of shellfish to Washington's environment, economy, and heritage, and further recognizes that certain locations merit additional protective measures than currently exist. This act intends to expand the protection of shellfish to Clallam, Grays Harbor, Island, Jefferson, King, Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston, and Whatcom counties.

Sec. 2   RCW 90.72.020 and 1985 c 417 s 2 are each amended to read as follows:
     ((For purposes of this chapter,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Shellfish areas" means all saltwater areas, whether tidal or subtidal, containing shellfish species typically grown or harvested for human consumption.
     (2) "Shellfish threatened area" means:
     (a) Those commercial shellfish areas classified by the department of health as approved or conditionally approved that meet the following conditions:
     (i) Are compliant with existing health standards;
     (ii) Have at least one additional water quality sampling station in the area that the department of health determines exceeds the ninetieth percentile value of thirty fecal coliforms per one hundred milliliters of water using the department of health's bacterial standards; and
     (iii) Have been classified for at least five years; or
     (b) Those recreational shellfish areas classified as open that meet the same conditions as specified in (a)(i), (ii), and (iii) of this subsection.
     (3) "Shellfish tidelands" means all saltwater tidelands on which shellfish are grown or harvested for human consumption.
     (4) "Specified county" means Clallam, Grays Harbor, Island, Jefferson, King, Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston, and Whatcom counties.

NEW SECTION.  Sec. 3   A new section is added to chapter 90.72 RCW to read as follows:
     For specified counties, the following applies to the legislative authority of each county having shellfish areas within its boundaries:
     (1) The legislative authority is authorized to establish a shellfish protection district to include areas in which pollution impacts the water quality upon which the continuation or restoration of shellfish farming or harvesting is dependent, or when the department of health identifies a shellfish threatened area as defined in this chapter.
     (2) The legislative authority constitutes the governing body of the district and shall adopt a shellfish protection program to be effective within the district.
     (3) The legislative authority may appoint a local advisory council to advise the legislative authority in preparation and implementation of a shellfish protection program.
     (4) The shellfish protection program must include any elements deemed appropriate to deal with the nonpoint pollution threatening water quality including, but not limited to, the following:
     (a) Requiring the elimination or decrease of contaminants in storm water runoff;
     (b) Establishing monitoring, inspection, and repair elements to ensure that on-site sewage systems are adequately maintained and working properly;
     (c) Ensuring that animal grazing and manure management practices are consistent with best management practices; and
     (d) Establishing educational and public involvement programs to inform citizens on the causes of the nonpoint pollution and what citizens may do to decrease the amount of the pollution.
     (5) The legislative authority shall consult with the department of health, the department of ecology, the department of agriculture, the department of natural resources, or the conservation commission as appropriate as to the elements of the program.
     (6) If the legislative authority is effectively addressing failing on-site sewage systems within an existing marine recovery area, as provided in RCW 70.118A.040, then such effective actions satisfy the corresponding element requirement in the shellfish protection district.
     (7) The legislative authority has full jurisdiction and authority, within the limits of RCW 90.72.040 and 90.72.070, to do the following:
     (a) Manage, regulate, and control its shellfish protection program; and
     (b) Fix, alter, regulate, and control the fees for services provided and charges or rates as provided under those programs.
     (8) The department of health shall grant funds to legislative authorities, as available, to assist with the costs of creating, establishing, implementing, and enforcing the provisions of shellfish protection programs formed for shellfish threatened areas within the specified counties.
     (9) Programs established under this chapter may, but are not required to, be part of a system of sewerage as defined in RCW 36.94.010.

NEW SECTION.  Sec. 4   A new section is added to chapter 90.72 RCW to read as follows:
     (1) The county legislative authority in a specified county shall create a shellfish protection district and establish a shellfish protection program, as provided in section 3 of this act, to address the causes or suspected causes of pollution. The shellfish protection district and shellfish protection program must be created within one hundred eighty days after:
     (a) The department of health, because of water quality degradation due to ongoing sources of pollution, has closed, or downgraded the classification of, a shellfish area; or
     (b) A shellfish area has been identified as a shellfish threatened area for greater than one year.
     (2) The department of health may grant an extension to the one hundred eighty-day time limit to create a shellfish protection district and establish a shellfish protection program, provided that all of the following conditions are met:
     (a) Each extension may not be more than thirty days;
     (b) No more than two extensions may be granted for each shellfish area; and
     (c) The legislative authority requires additional time to establish a taxing or fee district, or a funding account or source, to pay for the cost of creating, implementing, or enforcing the shellfish protection program.
     (3) The county legislative authority is encouraged to implement elements of the shellfish protection program as soon as practicable following the department of health action requiring the formation of the shellfish protection district.
     (4) The county legislative authority shall initiate implementation of all elements of the shellfish protection program no later than sixty days after it is established.
     (5) If water-quality sampling or shoreline sanitary surveys conducted by the department of health indicate that nonpoint sources of pollution that are causing the closure of, or have caused the downgraded classification or status of, a shellfish threatened area have been corrected prior to the deadline for creating a shellfish protection district, then the requirement to form the district is waived.
     (6) The county legislative authority shall enforce the provisions of shellfish protection programs upon implementation.
     (7) A copy of the shellfish protection program must be provided to the departments of health, ecology, and agriculture, to the applicable local conservation districts, and to the conservation commission. An agency that has regulatory authority for any of the sources of nonpoint pollution regulated by the shellfish protection program shall cooperate with the county in its implementation. The county legislative authority shall submit a written report to the department of health annually that describes the status and progress of the shellfish protection program.

NEW SECTION.  Sec. 5   A new section is added to chapter 90.72 RCW to read as follows:
     The department of health shall allocate available funding from the shellfish contamination prevention and protection account, created in section 6 of this act, with the following conditions:
     (1) Funding to the specified counties must be restricted to the creation, establishment, implementation, and enforcement of shellfish protection districts for shellfish areas that have been identified as shellfish threatened areas for greater than one year.
     (2) Specified counties that apply for one-time funding from the department of health are eligible to receive matching funds. For these matching funds, the department of health shall contribute one dollar for every one dollar spent by the county.
     (3) Specified counties that establish ongoing funding through a taxing or fee district are eligible to receive matching funds from the department of health. For these matching funds, the department of health shall contribute two dollars for every one dollar spent by the county.
     (4) Specified counties that demonstrate, to the department of health, an economic hardship and an inability to afford the county's matching share under:
     (a) Subsection (2) of this section, are eligible, and may apply for, full one-time funding from the department of health; and
     (b) Subsection (3) of this section, are eligible, and may apply for, full ongoing funding from the department of health.
     (5) Applications for full one-time funding and for full ongoing funding, as provided in this section, must be separate applications. Economic hardship must be demonstrated separately for each application.
     (6) The department of health may reimburse itself for administrative and technical assistance costs incurred under sections 3 and 4 of this act.
     (7) Reimbursement to the department of health, as specified in subsection (6) of this section, may be no more than ten percent of the total funds provided for the purposes of sections 3 through 5 of this act.

NEW SECTION.  Sec. 6   A new section is added to chapter 90.72 RCW to read as follows:
     The shellfish contamination prevention and protection account is created in the state treasury. Moneys from the aquatic lands enhancement account that are directed for deposit to the shellfish contamination prevention and protection account must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of this act.

NEW SECTION.  Sec. 7   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void.

NEW SECTION.  Sec. 8   The following acts or parts of acts are each repealed:
     (1) RCW 90.72.030 (Shellfish protection districts -- Establishment--Governing body -- Programs) and 1992 c 100 s 2 & 1985 c 417 s 3; and
     (2) RCW 90.72.045 (Shellfish protection districts -- Programs required after closure or downgrading of growing area classification) and 1992 c 100 s 4.