BILL REQ. #:  H-1031.2 

Read first time 01/23/2007.   Referred to Committee on Select Committee on Puget Sound.

     AN ACT Relating to shellfish protection programs; amending RCW 90.72.020, 90.72.030, and 90.72.045; creating new sections; and making an appropriation.

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

NEW SECTION.  Sec. 1   The legislature recognizes the importance of shellfish to Puget Sound's environment, economy, and heritage, and further recognizes that Puget Sound merits additional protective measures than currently exist. This act intends to expand the protection of shellfish within Puget Sound.

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) "Department" means the department of health.
     (2) "Fishable" means that marine organisms thrive in a waterbody and, when grown or harvested, are safe for human consumption.
     (3) "Puget Sound county" means Clallam, Island, Jefferson, King, Kitsap, Mason, Pierce, San Juan, Skagit, Snohomish, Thurston, and Whatcom counties.
     (4) "Shellfish areas" means all saltwater areas, whether tidal or subtidal, containing shellfish species typically grown or harvested for human consumption.
     (5) "Shellfish areas of concern" means those shellfish areas that: (a) Are compliant with existing health standards; (b) have declining water quality; and (c) are at risk of becoming nonfishable.
     (6) "Shellfish tidelands" means all saltwater tidelands on which shellfish are grown or harvested for human consumption.

Sec. 3   RCW 90.72.030 and 1992 c 100 s 2 are each amended to read as follows:
     (1) For Puget Sound counties, the following apply to the legislative authority of each county having shellfish areas within its boundaries:
     (a) The legislative authority is authorized to establish a shellfish protection district to include areas in which pollution, whether point or nonpoint pollution, threatens the water quality upon which the continuation or restoration of shellfish farming or harvesting is dependent;
     (b) The legislative authority constitutes the governing body of the district and shall adopt a shellfish protection program to be effective within the district;
     (c) The legislative authority may appoint a local advisory council to advise the legislative authority in preparation and implementation of a shellfish protection program. The shellfish protection program must include any elements deemed appropriate to deal with pollution, whether point or nonpoint pollution, threatening water quality, including, but not limited to, the following:
     (i) Requiring the elimination or decrease of contaminants in storm water runoff;
     (ii) Establishing monitoring, inspection, and repair elements to ensure that on-site sewage systems are adequately maintained and working properly;
     (iii) Ensuring that animal grazing and manure management practices are consistent with best management practices; and
     (iv) Establishing educational and public involvement programs to inform citizens on the causes of the threatening point and nonpoint pollution and what citizens may do to decrease the amount of the pollution;
     (d) The legislative authority may omit an element where another program is effectively addressing those sources of point and nonpoint pollution; and
     (e) The legislative authority has full jurisdiction and authority, within the limits of RCW 90.72.040 and 90.72.070, to do the following:
     (i) Manage, regulate, and control its shellfish protection program; and
     (ii) Fix, alter, regulate, and control the fees for services provided and charges or rates as provided under the shellfish protection program.
     (2) For non-Puget Sound counties, the following apply to the legislative authority of each county having shellfish tidelands within its boundaries:
     (a) The legislative authority is authorized to establish a shellfish protection district to include areas in which nonpoint pollution threatens the water quality upon which the continuation or restoration of shellfish farming or harvesting is dependent((.));
     (b) The legislative authority shall constitute the governing body of the district and shall adopt a shellfish protection program to be effective within the district((.));
     (c) The legislative authority may appoint a local advisory council to advise the legislative authority in preparation and implementation of shellfish protection programs. This program shall include any elements deemed appropriate to deal with the nonpoint pollution threatening water quality, including, but not limited to, the following:
     (i) Requiring the elimination or decrease of contaminants in storm water runoff((,));
     (ii) Establishing monitoring, inspection, and repair elements to ensure that on-site sewage systems are adequately maintained and working properly((, assuring));
     (iii) Ensuring that animal grazing and manure management practices are consistent with best management practices((,)); and
     (iv) Establishing educational and public involvement programs to inform citizens on the causes of the threatening nonpoint pollution and what they can do to decrease the amount of such pollution((.));
     (d) The legislative authority may omit an element ((may be omitted)) where another program is effectively addressing those sources of nonpoint water pollution((.)); and
     (e) The legislative authority has full jurisdiction and authority, within the limits of RCW 90.72.040 and 90.72.070, ((the county legislative authority shall have full jurisdiction and authority)) to do the following:
     (i) Manage, regulate, and control its programs; and ((to))
     (ii) Fix, alter, regulate, and control the fees for services provided and charges or rates as provided under those programs.
     (3) For Puget Sound and non-Puget Sound counties, 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.

Sec. 4   RCW 90.72.045 and 1992 c 100 s 4 are each amended to read as follows:
     (1) For Puget Sound counties, the legislative authorities of each county shall:
     (a) Create a shellfish protection district and establish a shellfish protection program under RCW 90.72.030, to address causes of pollution within one hundred eighty days after the department, because of water quality degradation due to ongoing sources of pollution, has, after June 11, 1992, performed one of the following within the boundaries of the county:
     (i) Closed a shellfish area;
     (ii) Downgraded the classification of a shellfish area; or
     (iii) Determined a shellfish area to be a shellfish area of concern;
     (b) If the legislative authorities of each Puget Sound county are unable to create a shellfish protection district and establish a shellfish protection program within the one hundred eighty-day time period, as specified under (a) of this subsection, then the department may grant an extension, provided that all of the following conditions are met:
     (i) Each extension may not be more than thirty days;
     (ii) No more than two extensions may be granted for each shellfish area or shellfish area of concern; and
     (iii) The legislative authority requires additional time to establish a taxing or fee district, or a funding account or source, to pay for the implementation of (a) of this subsection;
     (c) Implement a shellfish protection program within sixty days after establishment of the shellfish protection district and shellfish protection program; and
     (d) Enforce the provisions of shellfish protection programs upon implementation.
     (2) For non-Puget Sound counties, the county legislative authority shall create a shellfish protection district and establish a shellfish protection program under RCW 90.72.030 to address causes of pollution within one hundred eighty days after the department ((of health)), because of water quality degradation due to ongoing nonpoint sources of pollution, has, after June 11, 1992, closed or downgraded the classification of a recreational or commercial shellfish growing area within the boundaries of the county.

NEW SECTION.  Sec. 5   The sum of one million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2009, from the aquatic lands enhancement account to the department of health for the purposes of this act.

NEW SECTION.  Sec. 6   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.