BILL REQ. #: Z-0469.1
State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/15/2007. Referred to Committee on Natural Resources, Ocean & Recreation.
AN ACT Relating to changing the name of the interagency committee for outdoor recreation; making technical, nonsubstantive changes in order to facilitate the name change; amending RCW 42.17.2401, 43.03.028, 43.21J.030, 43.41.270, 43.60A.150, 43.83C.040, 43.99A.070, 43.99B.016, 43.99B.032, 43.99N.060, 43.99N.120, 46.09.020, 46.09.110, 46.09.165, 46.09.170, 46.09.240, 46.09.250, 46.09.280, 77.85.110, 77.85.120, 77.85.140, 79.10.140, 79.70.070, 79A.05.785, 79A.15.010, 79A.15.020, 79A.15.030, 79A.15.040, 79A.15.050, 79A.15.060, 79A.15.065, 79A.15.070, 79A.15.080, 79A.15.100, 79A.15.110, 79A.15.120, 79A.15.130, 79A.25.005, 79A.25.010, 79A.25.020, 79A.25.030, 79A.25.060, 79A.25.080, 79A.25.090, 79A.25.100, 79A.25.110, 79A.25.120, 79A.25.130, 79A.25.140, 79A.25.150, 79A.25.190, 79A.25.200, 79A.25.210, 79A.25.220, 79A.25.230, 79A.25.240, 79A.25.250, 79A.25.820, 79A.25.830, 79A.25.310, 79A.25.370, 79A.35.010, 79A.35.030, 79A.35.050, 79A.35.060, 79A.35.070, 79A.35.090, 79A.35.100, 79A.35.110, 79A.35.120, 79A.60.590, 84.34.055, and 90.71.020; creating a new section; providing an effective date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature intends to change the name
of the interagency committee for outdoor recreation to the recreation
and conservation funding board. Similarly, the office of the
interagency committee is renamed the recreation and conservation
office.
The legislature does not intend this act to make any substantive
policy changes other than to change or clarify the names of the
relevant entities.
The name changes in this act have no impact on the powers, duties,
or responsibilities previously delegated to the interagency committee
for outdoor recreation or the office of the interagency committee by
statute, budget proviso, or executive order.
The name changes in this act have no impact on the validity of the
documents, contracts, agreements, policies, and written decisions made,
entered into, recorded, issued, or established before this name change
by the interagency committee for outdoor recreation, its office, or
director. Documents, contracts, agreements, policies, publications,
and written decisions are not required to be changed to conform to the
name changes, and the continued use of former names on documents made,
recorded, issued, or established prior to the changes in this act does
not affect the document's validity after the change.
Sec. 2 RCW 42.17.2401 and 2006 c 265 s 113 are each amended to
read as follows:
For the purposes of RCW 42.17.240, the term "executive state
officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the administrator of the Washington basic health plan, the
director of the department of services for the blind, the director of
the state system of community and technical colleges, the director of
community, trade, and economic development, the secretary of
corrections, the director of early learning, the director of ecology,
the commissioner of employment security, the chair of the energy
facility site evaluation council, the secretary of the state finance
committee, the director of financial management, the director of fish
and wildlife, the executive secretary of the forest practices appeals
board, the director of the gambling commission, the director of general
administration, the secretary of health, the administrator of the
Washington state health care authority, the executive secretary of the
health care facilities authority, the executive secretary of the higher
education facilities authority, the executive secretary of the horse
racing commission, the executive secretary of the human rights
commission, the executive secretary of the indeterminate sentence
review board, the director of the department of information services,
((the director of the interagency committee for outdoor recreation,))
the executive director of the state investment board, the director of
labor and industries, the director of licensing, the director of the
lottery commission, the director of the office of minority and women's
business enterprises, the director of parks and recreation, the
director of personnel, the executive director of the public disclosure
commission, the director of the recreation and conservation office, the
director of retirement systems, the director of revenue, the secretary
of social and health services, the chief of the Washington state
patrol, the executive secretary of the board of tax appeals, the
secretary of transportation, the secretary of the utilities and
transportation commission, the director of veterans affairs, the
president of each of the regional and state universities and the
president of The Evergreen State College, each district and each campus
president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, board of
trustees of each community college, each member of the state board for
community and technical colleges, state convention and trade center
board of directors, committee for deferred compensation, Eastern
Washington University board of trustees, Washington economic
development finance authority, The Evergreen State College board of
trustees, executive ethics board, forest practices appeals board,
forest practices board, gambling commission, life sciences discovery
fund authority board of trustees, Washington health care facilities
authority, each member of the Washington health services commission,
higher education coordinating board, higher education facilities
authority, horse racing commission, state housing finance commission,
human rights commission, indeterminate sentence review board, board of
industrial insurance appeals, information services board, ((interagency
committee for outdoor recreation)) recreation and conservation funding
board, state investment board, commission on judicial conduct,
legislative ethics board, liquor control board, lottery commission,
marine oversight board, Pacific Northwest electric power and
conservation planning council, parks and recreation commission,
personnel appeals board, board of pilotage commissioners, pollution
control hearings board, public disclosure commission, public pension
commission, shorelines hearing board, public employees' benefits board,
salmon recovery funding board, board of tax appeals, transportation
commission, University of Washington board of regents, utilities and
transportation commission, Washington state maritime commission,
Washington personnel resources board, Washington public power supply
system executive board, Washington State University board of regents,
Western Washington University board of trustees, and fish and wildlife
commission.
Sec. 3 RCW 43.03.028 and 2001 c 302 s 2 are each amended to read
as follows:
(1) There is hereby created a state committee on agency officials'
salaries to consist of seven members, or their designees, as follows:
The president of the University of Puget Sound; the chairperson of the
council of presidents of the state's four-year institutions of higher
education; the chairperson of the Washington personnel resources board;
the president of the Association of Washington Business; the president
of the Pacific Northwest Personnel Managers' Association; the president
of the Washington State Bar Association; and the president of the
Washington State Labor Council. If any of the titles or positions
mentioned in this subsection are changed or abolished, any person
occupying an equivalent or like position shall be qualified for
appointment by the governor to membership upon the committee.
(2) The committee shall study the duties and salaries of the
directors of the several departments and the members of the several
boards and commissions of state government, who are subject to
appointment by the governor or whose salaries are fixed by the
governor, and of the chief executive officers of the following agencies
of state government:
The arts commission; the human rights commission; the board of
accountancy; the board of pharmacy; the eastern Washington historical
society; the Washington state historical society; the ((interagency
committee for outdoor recreation)) recreation and conservation office;
the criminal justice training commission; the department of personnel;
the state library; the traffic safety commission; the horse racing
commission; the advisory council on vocational education; the public
disclosure commission; the state conservation commission; the
commission on Hispanic affairs; the commission on Asian Pacific
American affairs; the state board for volunteer fire fighters and
reserve officers; the transportation improvement board; the public
employment relations commission; the forest practices appeals board;
and the energy facilities site evaluation council.
The committee shall report to the governor or the chairperson of
the appropriate salary fixing authority at least once in each fiscal
biennium on such date as the governor may designate, but not later than
seventy-five days prior to the convening of each regular session of the
legislature during an odd-numbered year, its recommendations for the
salaries to be fixed for each position.
(3) Committee members shall be reimbursed by the department of
personnel for travel expenses under RCW 43.03.050 and 43.03.060.
Sec. 4 RCW 43.21J.030 and 1998 c 245 s 60 are each amended to
read as follows:
(1) There is created the environmental enhancement and job creation
task force within the office of the governor. The purpose of the task
force is to provide a coordinated and comprehensive approach to
implementation of chapter 516, Laws of 1993. The task force shall
consist of the commissioner of public lands, the director of the
department of fish and wildlife, the director of the department of
ecology, the director of the parks and recreation commission, the
timber team coordinator, the executive director of the work force
training and education coordinating board, and the executive director
of the Puget Sound water quality authority, or their designees. The
task force may seek the advice of the following agencies and
organizations: The department of community, trade, and economic
development, the conservation commission, the employment security
department, the ((interagency committee for outdoor recreation))
recreation and conservation office, appropriate federal agencies,
appropriate special districts, the Washington state association of
counties, the association of Washington cities, labor organizations,
business organizations, timber-dependent communities, environmental
organizations, and Indian tribes. The governor shall appoint the task
force chair. Members of the task force shall serve without additional
pay. Participation in the work of the committee by agency members
shall be considered in performance of their employment. The governor
shall designate staff and administrative support to the task force and
shall solicit the participation of agency personnel to assist the task
force.
(2) The task force shall have the following responsibilities:
(a) Soliciting and evaluating, in accordance with the criteria set
forth in RCW 43.21J.040, requests for funds from the environmental and
forest restoration account and making distributions from the account.
The task force shall award funds for projects and training programs it
approves and may allocate the funds to state agencies for disbursement
and contract administration;
(b) Coordinating a process to assist state agencies and local
governments to implement effective environmental and forest restoration
projects funded under this chapter;
(c) Considering unemployment profile data provided by the
employment security department.
(3) Beginning July 1, 1994, the task force shall have the following
responsibilities:
(a) To solicit and evaluate proposals from state and local
agencies, private nonprofit organizations, and tribes for environmental
and forest restoration projects;
(b) To rank the proposals based on criteria developed by the task
force in accordance with RCW 43.21J.040; and
(c) To determine funding allocations for projects to be funded from
the account created in RCW 43.21J.020 and for projects or programs as
designated in the omnibus operating and capital appropriations acts.
Sec. 5 RCW 43.41.270 and 2001 c 227 s 2 are each amended to read
as follows:
(1) The office of financial management shall assist natural
resource-related agencies in developing outcome-focused performance
measures for administering natural resource-related and environmentally
based grant and loan programs. These performance measures are to be
used in determining grant eligibility, for program management and
performance assessment.
(2) The office of financial management and the governor's salmon
recovery office shall assist natural resource-related agencies in
developing recommendations for a monitoring program to measure outcome-focused performance measures required by this section. The
recommendations must be consistent with the framework and coordinated
monitoring strategy developed by the monitoring oversight committee
established in RCW 77.85.210.
(3) Natural resource agencies shall consult with grant or loan
recipients including local governments, tribes, nongovernmental
organizations, and other interested parties, and report to the office
of financial management on the implementation of this section. The
office of financial management shall report to the appropriate
legislative committees of the legislature on the agencies'
implementation of this section, including any necessary changes in
current law, and funding requirements by July 31, 2002. Natural
resource agencies shall assist the office of financial management in
preparing the report, including complying with time frames for
submitting information established by the office of financial
management.
(4) For purposes of this section, "natural resource-related
agencies" include the department of ecology, the department of natural
resources, the department of fish and wildlife, the state conservation
commission, the ((interagency committee for outdoor recreation))
recreation and conservation funding board, the salmon recovery funding
board, and the public works board within the department of community,
trade, and economic development.
(5) For purposes of this section, "natural resource-related
environmentally based grant and loan programs" includes the
conservation reserve enhancement program; dairy nutrient management
grants under chapter 90.64 RCW; state conservation commission water
quality grants under chapter 89.08 RCW; coordinated prevention grants,
public participation grants, and remedial action grants under RCW
70.105D.070; water pollution control facilities financing under chapter
70.146 RCW; aquatic lands enhancement grants under RCW ((79.24.580))
79.105.150; habitat grants under the Washington wildlife and recreation
program under RCW 79A.15.040; salmon recovery grants under chapter
77.85 RCW; and the public ((work[s])) works trust fund program under
chapter 43.155 RCW. The term also includes programs administered by
the department of fish and wildlife related to protection or recovery
of fish stocks which are funded with moneys from the capital budget.
Sec. 6 RCW 43.60A.150 and 2005 c 257 s 2 are each amended to read
as follows:
The department shall create a list of veterans with posttraumatic
stress disorder and related conditions who are interested in working on
projects that restore Washington's natural habitat. The list shall be
referred to as the veterans conservation corps. The department shall
promote the opportunity to volunteer for the veterans conservation
corps through its local counselors and representative. Only veterans
who grant their approval may be included on the list. The department
shall consult with the salmon recovery board, the ((interagency
committee for outdoor recreation)) recreation and conservation funding
board, the department of natural resources, the department of fish and
wildlife, and the state parks and recreation commission to determine
the most effective ways to market the veterans conservation corps to
agencies and local sponsors of habitat restoration projects.
The department shall submit a report to the appropriate committees
of the legislature by December 1, 2009, on the use of veterans
conservation corps members by state agencies and local sponsors of
habitat restoration projects.
Sec. 7 RCW 43.83C.040 and 1972 ex.s. c 129 s 4 are each amended
to read as follows:
The proceeds from the sale of the bonds deposited in the state and
local improvements revolving account of the general fund under the
terms of this chapter shall be divided into three shares as follows:
(1) Thirty-five percent of such proceeds shall be administered,
subject to legislative appropriation, by the ((interagency committee
for outdoor recreation)) recreation and conservation funding board
through the outdoor recreation account and allocated to the state of
Washington, or any agency or department thereof, for the acquisition,
preservation, and development of recreation areas and facilities by the
state. The ((committee)) recreation and conservation funding board may
use or permit the use of any portion of such share as matching funds in
any case where federal, local, or other funds are made available on a
matching basis for improvements within the purposes of this chapter.
(2) Thirty-five percent of such proceeds shall be administered,
subject to legislative appropriation, by the ((interagency committee
for outdoor recreation)) recreation and conservation funding board
through the outdoor recreation account and allocated to public bodies
for the acquisition, preservation, development, and improvement of
recreational areas and facilities within the jurisdiction of such
bodies. The ((committee)) recreation and conservation funding board
may use or permit the use of any portion of such share for loans or
grants to public bodies including use as matching funds in any case
where federal, local, or other funds are made available on a matching
basis for improvements within the purposes of this chapter.
(3) Thirty percent of such proceeds shall be allocated to the state
parks and recreation commission, subject to legislative appropriation,
for improvement of existing state parks and the acquisition and
preservation of historic sites and buildings. The commission may use
or permit the use of any portion of such share as matching funds in any
case where federal, local, or other funds are made available on a
matching basis for improvements within the purposes of this chapter.
In the event that the bonds authorized by this chapter are sold in
more than one series the above division into shares shall apply to the
total proceeds of the bonds authorized by this chapter and not to the
proceeds of each separate series.
Sec. 8 RCW 43.99A.070 and 1967 ex.s. c 126 s 7 are each amended
to read as follows:
The proceeds from the sale of bonds deposited in the outdoor
recreation account of the general fund under the terms of RCW
43.99A.050 shall be administered by the ((interagency committee for
outdoor recreation)) recreation and conservation funding board. All
such proceeds shall be divided into two equal shares. One share shall
be allocated for the acquisition and development of outdoor recreation
areas and facilities on behalf of the state as the legislature may
direct by appropriation. The other share shall be allocated to public
bodies as defined in RCW ((43.99.020)) 79A.25.010 for the acquisition
and development of outdoor recreational areas and facilities within the
jurisdiction of such public bodies. The ((interagency committee for
outdoor recreation)) recreation and conservation funding board is
authorized to use or permit the use of any funds derived from the sale
of bonds authorized under this chapter as matching funds in any case
where federal or other funds are made available on a matching basis for
projects within the purposes of this chapter.
Sec. 9 RCW 43.99B.016 and 1979 ex.s. c 229 s 4 are each amended
to read as follows:
The proceeds from the sale of the bonds deposited in the outdoor
recreation account of the general fund shall be administered by the
((interagency committee for outdoor recreation)) recreation and
conservation funding board, subject to legislative appropriation, and
allocated to any agency or department of the state of Washington and,
as grants, to public bodies for the acquisition and development of
outdoor recreational areas and facilities within the jurisdiction of
the agencies, departments, or public bodies. The ((interagency
committee for outdoor recreation)) recreation and conservation funding
board may use or permit the use of any funds derived from the sale of
the bonds authorized under RCW 43.99B.010 through 43.99B.026 as
matching funds in any case where federal, local, or other funds are
made available on a matching basis for projects within the purposes of
RCW 43.99B.010 through 43.99B.026.
Sec. 10 RCW 43.99B.032 and 1981 c 236 s 3 are each amended to
read as follows:
The proceeds from the sale of the bonds deposited in the outdoor
recreation account of the general fund shall be allocated to the
((interagency committee for outdoor recreation)) recreation and
conservation funding board as grants to public bodies for the
acquisition and development of outdoor recreational areas and
facilities within the jurisdiction of the agencies, departments, or
public bodies or to any agency or department of the state of
Washington, subject to legislative appropriation. The ((interagency
committee for outdoor recreation)) recreation and conservation funding
board may use or permit the use of any funds derived from the sale of
the bonds authorized under RCW 43.99B.028 through 43.99B.040 as
matching funds in any case where federal, local, or other funds are
made available on a matching basis for projects within the purposes of
RCW 43.99B.028 through 43.99B.040.
Sec. 11 RCW 43.99N.060 and 2006 c 371 s 227 are each amended to
read as follows:
(1) The stadium and exhibition center account is created in the
custody of the state treasurer. All receipts from the taxes imposed
under RCW 82.14.0494 and distributions under RCW 67.70.240(5) shall be
deposited into the account. Only the director of the office of
financial management or the director's designee may authorize
expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW. An appropriation is not required
for expenditures from this account.
(2) Until bonds are issued under RCW 43.99N.020, up to five million
dollars per year beginning January 1, 1999, shall be used for the
purposes of subsection (3)(b) of this section, all remaining moneys in
the account shall be transferred to the public stadium authority,
created under RCW 36.102.020, to be used for public stadium authority
operations and development of the stadium and exhibition center.
(3) After bonds are issued under RCW 43.99N.020, all moneys in the
stadium and exhibition center account shall be used exclusively for the
following purposes in the following priority:
(a) On or before June 30th of each year, the office of financial
management shall accumulate in the stadium and exhibition center
account an amount at least equal to the amount required in the next
succeeding twelve months for the payment of principal of and interest
on the bonds issued under RCW 43.99N.020;
(b) An additional reserve amount not in excess of the expected
average annual principal and interest requirements of bonds issued
under RCW 43.99N.020 shall be accumulated and maintained in the
account, subject to withdrawal by the state treasurer at any time if
necessary to meet the requirements of (a) of this subsection, and,
following any withdrawal, reaccumulated from the first tax revenues and
other amounts deposited in the account after meeting the requirements
of (a) of this subsection; and
(c) The balance, if any, shall be transferred to the youth athletic
facility account under subsection (4) of this section.
Any revenues derived from the taxes authorized by RCW 36.38.010(5)
and 36.38.040 or other amounts that if used as provided under (a) and
(b) of this subsection would cause the loss of any tax exemption under
federal law for interest on bonds issued under RCW 43.99N.020 shall be
deposited in and used exclusively for the purposes of the youth
athletic facility account and shall not be used, directly or
indirectly, as a source of payment of principal of or interest on bonds
issued under RCW 43.99N.020, or to replace or reimburse other funds
used for that purpose.
(4) Any moneys in the stadium and exhibition center account not
required or permitted to be used for the purposes described in
subsection (3)(a) and (b) of this section shall be deposited in the
youth athletic facility account hereby created in the state treasury.
Expenditures from the account may be used only for purposes of grants
or loans to cities, counties, and qualified nonprofit organizations for
community outdoor athletic facilities. For the 2005-2007 biennium,
moneys in the account may also be used for a recreation level of
service study for local and regional active recreation facilities.
Only the director of the ((interagency committee for outdoor
recreation)) recreation and conservation office or the director's
designee 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. The athletic facility
grants or loans may be used for acquiring, developing, equipping,
maintaining, and improving community outdoor athletic facilities.
Funds shall be divided equally between the development of new community
outdoor athletic facilities, the improvement of existing community
outdoor athletic facilities, and the maintenance of existing community
outdoor athletic facilities. Cities, counties, and qualified nonprofit
organizations must submit proposals for grants or loans from the
account. To the extent that funds are available, cities, counties, and
qualified nonprofit organizations must meet eligibility criteria as
established by the director of the ((interagency committee for outdoor
recreation)) recreation and conservation office. The grants and loans
shall be awarded on a competitive application process and the amount of
the grant or loan shall be in proportion to the population of the city
or county for where the community outdoor athletic facility is located.
Grants or loans awarded in any one year need not be distributed in that
year. The director of the ((interagency committee for outdoor
recreation)) recreation and conservation office may expend up to one
and one-half percent of the moneys deposited in the account created in
this subsection for administrative purposes.
Sec. 12 RCW 43.99N.120 and 2000 c 137 s 2 are each amended to
read as follows:
The ((Washington state interagency committee for outdoor
recreation)) recreation and conservation funding board, in consultation
with the community outdoor athletic fields advisory council, shall
establish the terms and conditions of repayment and interest, based on
financial considerations for any loans made under this section. Loans
made under this section shall be low or no interest.
Sec. 13 RCW 46.09.020 and 2004 c 105 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Advisory committee" means the nonhighway and off-road vehicle
activities advisory committee established in RCW 46.09.280.
(2) (("Committee" means the interagency committee for outdoor
recreation)) "Board" means the recreation and conservation funding
board established in RCW 79A.25.110.
(3) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling off-road vehicles at
wholesale or retail in this state.
(4) "Department" means the department of licensing.
(5) "Highway," for the purpose of this chapter only, means the
entire width between the boundary lines of every roadway publicly
maintained by the state department of transportation or any county or
city with funding from the motor vehicle fund. A highway is generally
capable of travel by a conventional two-wheel drive passenger
automobile during most of the year and in use by such vehicles.
(6) "Motorized vehicle" means a vehicle that derives motive power
from an internal combustion engine.
(7) "Nonhighway road" means any road owned or managed by a public
agency or any private road for which the owner has granted an easement
for public use for which appropriations from the motor vehicle fund
were not used for (a) original construction or reconstruction in the
last twenty-five years; or (b) maintenance in the last four years.
(8) "Nonhighway road recreation facilities" means recreational
facilities that are adjacent to, or accessed by, a nonhighway road and
intended primarily for nonhighway road recreational users.
(9) "Nonhighway road recreational user" means a person whose
purpose for consuming fuel on a nonhighway road or off-road is
primarily for nonhighway road recreational purposes, including, but not
limited to, hunting, fishing, camping, sightseeing, wildlife viewing,
picnicking, driving for pleasure, kayaking/canoeing, and gathering
berries, firewood, mushrooms, and other natural products.
(10) "Nonhighway vehicle" means any motorized vehicle including an
ORV when used for recreational purposes on nonhighway roads, trails, or
a variety of other natural terrain.
Nonhighway vehicle does not include:
(a) Any vehicle designed primarily for travel on, over, or in the
water;
(b) Snowmobiles or any military vehicles; or
(c) Any vehicle eligible for a motor vehicle fuel tax exemption or
rebate under chapter 82.36 RCW while an exemption or rebate is claimed.
This exemption includes but is not limited to farm, construction, and
logging vehicles.
(11) "Nonmotorized recreational facilities" means recreational
trails and facilities that are adjacent to, or accessed by, a
nonhighway road and intended primarily for nonmotorized recreational
users.
(12) "Nonmotorized recreational user" means a person whose purpose
for consuming fuel on a nonhighway road or off-road is primarily for
nonmotorized recreational purposes including, but not limited to,
walking, hiking, backpacking, climbing, cross-country skiing,
snowshoeing, mountain biking, horseback riding, and pack animal
activities.
(13) "Off-road vehicle" or "ORV" means any nonstreet licensed
vehicle when used for recreational purposes on nonhighway roads,
trails, or a variety of other natural terrain. Such vehicles include,
but are not limited to, all-terrain vehicles, motorcycles, four-wheel
drive vehicles, and dune buggies.
(14) "Operator" means each person who operates, or is in physical
control of, any nonhighway vehicle.
(15) "Organized competitive event" means any competition,
advertised in advance through written notice to organized clubs or
published in local newspapers, sponsored by recognized clubs, and
conducted at a predetermined time and place.
(16) "ORV recreation facilities" include, but are not limited to,
ORV trails, trailheads, campgrounds, ORV sports parks, and ORV use
areas, designated for ORV use by the managing authority that are
intended primarily for ORV recreational users.
(17) "ORV recreational user" means a person whose purpose for
consuming fuel on nonhighway roads or off-road is primarily for ORV
recreational purposes, including but not limited to riding an all-terrain vehicle, motorcycling, or driving a four-wheel drive vehicle or
dune buggy.
(18) "ORV ((sport[s])) sports park" means a facility designed to
accommodate competitive ORV recreational uses including, but not
limited to, motocross racing, four-wheel drive competitions, and flat
track racing. Use of ORV sports parks can be competitive or
noncompetitive in nature.
(19) "ORV trail" means a multiple-use corridor designated by the
managing authority and maintained for recreational use by motorized
vehicles.
(20) "ORV use permit" means a permit issued for operation of an
off-road vehicle under this chapter.
(21) "Owner" means the person other than the lienholder, having an
interest in or title to a nonhighway vehicle, and entitled to the use
or possession thereof.
(22) "Person" means any individual, firm, partnership, association,
or corporation.
Sec. 14 RCW 46.09.110 and 2004 c 105 s 2 are each amended to read
as follows:
The moneys collected by the department under this chapter shall be
distributed from time to time but at least once a year in the following
manner:
The department shall retain enough money to cover expenses incurred
in the administration of this chapter: PROVIDED, That such retention
shall never exceed eighteen percent of fees collected.
The remaining moneys shall be distributed for ORV recreation
facilities by the ((interagency committee for outdoor recreation))
board in accordance with RCW 46.09.170(2)(d)(ii)(A).
Sec. 15 RCW 46.09.165 and 1995 c 166 s 11 are each amended to
read as follows:
The nonhighway and off-road vehicle activities program account is
created in the state treasury. Moneys in this account are subject to
legislative appropriation. The ((interagency committee for outdoor))
recreation and conservation funding board shall administer the account
for purposes specified in this chapter and shall hold it separate and
apart from all other money, funds, and accounts of the ((interagency
committee for outdoor recreation)) board. Grants, gifts, or other
financial assistance, proceeds received from public bodies as
administrative cost contributions, and any moneys made available to the
state of Washington by the federal government for outdoor recreation
may be deposited into the account.
Sec. 16 RCW 46.09.170 and 2004 c 105 s 6 are each amended to read
as follows:
(1) From time to time, but at least once each year, the state
treasurer shall refund from the motor vehicle fund one percent of the
motor vehicle fuel tax revenues collected under chapter 82.36 RCW,
based on a tax rate of: (a) Nineteen cents per gallon of motor vehicle
fuel from July 1, 2003, through June 30, 2005; (b) twenty cents per
gallon of motor vehicle fuel from July 1, 2005, through June 30, 2007;
(c) twenty-one cents per gallon of motor vehicle fuel from July 1,
2007, through June 30, 2009; (d) twenty-two cents per gallon of motor
vehicle fuel from July 1, 2009, through June 30, 2011; and (e) twenty-three cents per gallon of motor vehicle fuel beginning July 1, 2011,
and thereafter, less proper deductions for refunds and costs of
collection as provided in RCW 46.68.090.
(2) The treasurer shall place these funds in the general fund as
follows:
(a) Thirty-six percent shall be credited to the ORV and nonhighway
vehicle account and administered by the department of natural resources
solely for acquisition, planning, development, maintenance, and
management of ORV, nonmotorized, and nonhighway road recreation
facilities, and information programs and maintenance of nonhighway
roads;
(b) Three and one-half percent shall be credited to the ORV and
nonhighway vehicle account and administered by the department of fish
and wildlife solely for the acquisition, planning, development,
maintenance, and management of ORV, nonmotorized, and nonhighway road
recreation facilities and the maintenance of nonhighway roads;
(c) Two percent shall be credited to the ORV and nonhighway vehicle
account and administered by the parks and recreation commission solely
for the acquisition, planning, development, maintenance, and management
of ORV, nonmotorized, and nonhighway road recreation facilities; and
(d) Fifty-eight and one-half percent shall be credited to the
nonhighway and off-road vehicle activities program account to be
administered by the ((committee)) board for planning, acquisition,
development, maintenance, and management of ORV, nonmotorized, and
nonhighway road recreation facilities and for education, information,
and law enforcement programs. The funds under this subsection shall be
expended in accordance with the following limitations:
(i) Not more than thirty percent may be expended for education,
information, and law enforcement programs under this chapter;
(ii) Not less than seventy percent may be expended for ORV,
nonmotorized, and nonhighway road recreation facilities. Except as
provided in (d)(iii) of this subsection, of this amount:
(A) Not less than thirty percent, together with the funds the
((committee)) board receives under RCW 46.09.110, may be expended for
ORV recreation facilities;
(B) Not less than thirty percent may be expended for nonmotorized
recreation facilities. Funds expended under this subsection
(2)(d)(ii)(B) shall be known as Ira Spring outdoor recreation
facilities funds; and
(C) Not less than thirty percent may be expended for nonhighway
road recreation facilities;
(iii) The ((committee)) board may waive the minimum percentage
cited in (d)(ii) of this subsection due to insufficient requests for
funds or projects that score low in the ((committee's)) board's project
evaluation. Funds remaining after such a waiver must be allocated in
accordance with ((committee)) board policy.
(3) On a yearly basis an agency may not, except as provided in RCW
46.09.110, expend more than ten percent of the funds it receives under
this chapter for general administration expenses incurred in carrying
out this chapter.
(4) During the 2003-05 fiscal biennium, the legislature may
appropriate such amounts as reflect the excess fund balance in the NOVA
account to the ((interagency committee for outdoor recreation)) board,
the department of natural resources, the department of fish and
wildlife, and the state parks and recreation commission. This
appropriation is not required to follow the specific distribution
specified in subsection (2) of this section.
Sec. 17 RCW 46.09.240 and 2004 c 105 s 7 are each amended to read
as follows:
(1) After deducting administrative expenses and the expense of any
programs conducted under this chapter, the ((interagency committee for
outdoor recreation)) board shall, at least once each year, distribute
the funds it receives under RCW 46.09.110 and 46.09.170 to state
agencies, counties, municipalities, federal agencies, nonprofit ORV
organizations, and Indian tribes. Funds distributed under this section
to nonprofit ORV organizations may be spent only on projects or
activities that benefit ORV recreation on lands once publicly owned
that come into private ownership in a federally approved land exchange
completed between January 1, 1998, and January 1, 2005.
(2) The ((committee)) board shall adopt rules governing
applications for funds administered by the ((agency)) recreation and
conservation office under this chapter and shall determine the amount
of money distributed to each applicant. Agencies receiving funds under
this chapter for capital purposes shall consider the possibility of
contracting with the state parks and recreation commission, the
department of natural resources, or other federal, state, and local
agencies to employ the youth development and conservation corps or
other youth crews in completing the project.
(3) The ((interagency committee for outdoor recreation)) board
shall require each applicant for acquisition or development funds under
this section to comply with the requirements of either the state
environmental policy act, chapter 43.21C RCW, or the national
environmental policy act (42 U.S.C. Sec. 4321 et seq.).
Sec. 18 RCW 46.09.250 and 1986 c 206 s 11 are each amended to
read as follows:
The ((interagency committee for outdoor recreation)) board shall
maintain a statewide plan which shall be updated at least once every
third biennium and shall be used by all participating agencies to guide
distribution and expenditure of funds under this chapter.
Sec. 19 RCW 46.09.280 and 2004 c 105 s 8 are each amended to read
as follows:
(1) The ((interagency committee for outdoor recreation)) board
shall establish the nonhighway and off-road vehicle activities advisory
committee to provide advice regarding the administration of this
chapter. The committee consists of governmental representatives, land
managers, and a proportional representation of persons with
recreational experience in areas identified in the most recent fuel use
study, including but not limited to people with ORV, hiking,
equestrian, mountain biking, hunting, fishing, and wildlife viewing
experience.
(2) After the advisory committee has made recommendations regarding
the expenditure of the fuel tax revenue portion of the nonhighway and
off-road vehicle account moneys, the advisory committee's ORV and
mountain biking recreationists, governmental representatives, and land
managers will make recommendations regarding the expenditure of funds
received under RCW 46.09.110.
(3) At least once a year, the ((interagency committee for outdoor
recreation)) board, the department of natural resources, the department
of fish and wildlife, and the state parks and recreation commission
shall report to the nonhighway and off-road vehicle activities advisory
committee on the expenditures of funds received under RCW 46.09.110 and
46.09.170 and must proactively seek the advisory committee's advice
regarding proposed expenditures.
(4) The advisory committee shall advise these agencies regarding
the allocation of funds received under RCW 46.09.170 to ensure that
overall expenditures reflect consideration of the results of the most
recent fuel use study.
Sec. 20 RCW 77.85.110 and 1999 sp.s. c 13 s 3 are each amended to
read as follows:
(1) The salmon recovery funding board is created consisting of ten
members.
(2) Five members of the board shall be voting members who are
appointed by the governor, subject to confirmation by the senate. One
of these voting members shall be a cabinet-level appointment as the
governor's representative to the board. Board members who represent
the general public shall not have a financial or regulatory interest in
salmon recovery. The governor shall appoint one of the general public
members of the board as the chair. The voting members of the board
shall be appointed for terms of four years, except that two members
initially shall be appointed for terms of two years and three members
shall initially be appointed for terms of three years. In making the
appointments, the governor shall seek a board membership that
collectively provide the expertise necessary to provide strong fiscal
oversight of salmon recovery expenditures, and that provide extensive
knowledge of local government processes and functions and an
understanding of issues relevant to salmon recovery in Washington
state. The governor shall appoint at least three of the voting members
of the board no later than ninety days after July 1, 1999. Vacant
positions on the board shall be filled in the same manner as the
original appointments. The governor may remove members of the board
for good cause.
In addition to the five voting members of the board, the following
five state officials shall serve as ex officio nonvoting members of the
board: The director of the department of fish and wildlife, the
executive director of the conservation commission, the secretary of
transportation, the director of the department of ecology, and the
commissioner of public lands. The state officials serving in an ex
officio capacity may designate a representative of their respective
agencies to serve on the board in their behalf. Such designations
shall be made in writing and in such manner as is specified by the
board.
(3) Staff support to the board shall be provided by the
((interagency committee for outdoor recreation)) recreation and
conservation office. For administrative purposes, the board shall be
located with the ((interagency committee for outdoor recreation))
recreation and conservation office.
(4) Members of the board who do not represent state agencies shall
be compensated as provided by RCW 43.03.250. Members of the board
shall be reimbursed for travel expenses as provided by RCW 43.03.050
and 43.03.060.
Sec. 21 RCW 77.85.120 and 2000 c 107 s 101 are each amended to
read as follows:
(1) The salmon recovery funding board is responsible for making
grants and loans for salmon habitat projects and salmon recovery
activities from the amounts appropriated to the board for this purpose.
To accomplish this purpose the board may:
(a) Provide assistance to grant applicants regarding the procedures
and criteria for grant and loan awards;
(b) Make and execute all manner of contracts and agreements with
public and private parties as the board deems necessary, consistent
with the purposes of this chapter;
(c) Accept any gifts, grants, or loans of funds, property, or
financial or other aid in any form from any other source on any terms
that are not in conflict with this chapter;
(d) Adopt rules under chapter 34.05 RCW as necessary to carry out
the purposes of this chapter; and
(e) Do all acts and things necessary or convenient to carry out the
powers expressly granted or implied under this chapter.
(2) The ((interagency committee for outdoor recreation)) recreation
and conservation office shall provide all necessary grants and loans
administration assistance to the board, and shall distribute funds as
provided by the board in RCW 77.85.130.
Sec. 22 RCW 77.85.140 and 2001 c 303 s 1 are each amended to read
as follows:
(1) Habitat project lists shall be submitted to the salmon recovery
funding board for funding at least once a year on a schedule
established by the board. The board shall provide the legislature with
a list of the proposed projects and a list of the projects funded by
October 1st of each year for informational purposes. Project sponsors
who complete salmon habitat projects approved for funding from habitat
project lists and have met grant application deadlines will be paid by
the salmon recovery funding board within thirty days of project
completion.
(2) The ((interagency committee for outdoor recreation)) recreation
and conservation office shall track all funds allocated for salmon
habitat projects and salmon recovery activities on behalf of the board,
including both funds allocated by the board and funds allocated by
other state or federal agencies for salmon recovery or water quality
improvement.
(3) Beginning in December 2000, the board shall provide a biennial
report to the governor and the legislature on salmon recovery
expenditures. This report shall be coordinated with the state of the
salmon report required under RCW 77.85.020.
Sec. 23 RCW 79.10.140 and 2003 c 334 s 122 are each amended to
read as follows:
The department is authorized:
(1) To construct, operate, and maintain primitive outdoor
recreation and conservation facilities on lands under its jurisdiction
which are of primitive character when deemed necessary by the
department to achieve maximum effective development of such lands and
resources consistent with the purposes for which the lands are held.
This authority shall be exercised only after review by the
((interagency committee for outdoor recreation)) recreation and
conservation funding board and determination by the ((committee))
recreation and conservation funding board that the department is the
most appropriate agency to undertake such construction, operation, and
maintenance. Such review is not required for campgrounds designated
and prepared or approved by the department;
(2) To acquire right of way and develop public access to lands
under the jurisdiction of the department and suitable for public
outdoor recreation and conservation purposes;
(3) To receive and expend funds from federal and state outdoor
recreation funding measures for the purposes of this section and RCW
79A.50.110.
Sec. 24 RCW 79.70.070 and 1998 c 50 s 1 are each amended to read
as follows:
(1) The natural heritage advisory council is hereby established.
The council shall consist of fifteen members, ten of whom shall be
chosen as follows and who shall elect from the council's membership a
chairperson:
(a) Five individuals, appointed by the commissioner, who shall be
recognized experts in the ecology of natural areas and represent the
public, academic, and private sectors. Desirable fields of expertise
are biological and geological sciences; and
(b) Five individuals, appointed by the commissioner, who shall be
selected from the various regions of the state. At least one member
shall be or represent a private forest landowner and at least one
member shall be or represent a private agricultural landowner.
(2) Members appointed under subsection (1) of this section shall
serve for terms of four years.
(3) In addition to the members appointed by the commissioner, the
director of the department of fish and wildlife, the director of the
department of ecology, the supervisor of the department of natural
resources, the director of the state parks and recreation commission,
and the ((administrator)) director of the ((interagency committee for
outdoor recreation)) recreation and conservation office, or an
authorized representative of each agency officer, shall serve as ex
officio, nonvoting members of the council.
(4) Any vacancy on the council shall be filled by appointment for
the unexpired term by the commissioner.
(5) In order to provide for staggered terms, of the initial members
of the council:
(a) Three shall serve for a term of two years;
(b) Three shall serve for a term of three years; and
(c) Three shall serve for a term of four years.
(6) Members of the natural preserves advisory committee serving on
July 26, 1981, shall serve as members of the council until the
commissioner appoints a successor to each. The successor appointment
shall be specifically designated to replace a member of the natural
preserves advisory committee until all members of that committee have
been replaced. A member of the natural preserves advisory committee is
eligible for appointment to the council if otherwise qualified.
(7) Members of the council shall serve without compensation.
Members shall be reimbursed for travel expenses as provided in RCW
43.03.050 and 43.03.060 as now or hereafter amended.
Sec. 25 RCW 79A.05.785 and 1977 ex.s. c 75 s 8 are each amended
to read as follows:
The ((interagency committee for outdoor recreation)) recreation and
conservation funding board is directed to assist the Yakima county
commissioners in obtaining state, federal, and private funding for the
acquisition, development, and operation of the Yakima river
conservation area.
Sec. 26 RCW 79A.15.010 and 2005 c 303 s 1 are each amended to
read as follows:
The definitions ((set forth)) in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Acquisition" means the purchase on a willing seller basis of
fee or less than fee interests in real property. These interests
include, but are not limited to, options, rights of first refusal,
conservation easements, leases, and mineral rights.
(2) (("Committee")) "Board" means the ((interagency committee for
outdoor recreation)) recreation and conservation funding board.
(3) "Critical habitat" means lands important for the protection,
management, or public enjoyment of certain wildlife species or groups
of species, including, but not limited to, wintering range for deer,
elk, and other species, waterfowl and upland bird habitat, fish
habitat, and habitat for endangered, threatened, or sensitive species.
(4) "Farmlands" means any land defined as "farm and agricultural
land" in RCW 84.34.020(2).
(5) "Local agencies" means a city, county, town, federally
recognized Indian tribe, special purpose district, port district, or
other political subdivision of the state providing services to less
than the entire state.
(6) "Natural areas" means areas that have, to a significant degree,
retained their natural character and are important in preserving rare
or vanishing flora, fauna, geological, natural historical, or similar
features of scientific or educational value.
(7) "Riparian habitat" means land adjacent to water bodies, as well
as submerged land such as streambeds, which can provide functional
habitat for salmonids and other fish and wildlife species. Riparian
habitat includes, but is not limited to, shorelines and near-shore
marine habitat, estuaries, lakes, wetlands, streams, and rivers.
(8) "Special needs populations" means physically restricted people
or people of limited means.
(9) "State agencies" means the state parks and recreation
commission, the department of natural resources, the department of
general administration, and the department of fish and wildlife.
(10) "Trails" means public ways constructed for and open to
pedestrians, equestrians, or bicyclists, or any combination thereof,
other than a sidewalk constructed as a part of a city street or county
road for exclusive use of pedestrians.
(11) "Urban wildlife habitat" means lands that provide habitat
important to wildlife in proximity to a metropolitan area.
(12) "Water access" means boat or foot access to marine waters,
lakes, rivers, or streams.
Sec. 27 RCW 79A.15.020 and 2000 c 11 s 65 are each amended to
read as follows:
The habitat conservation account is established in the state
treasury. The ((committee)) board shall administer the account in
accordance with chapter 79A.25 RCW and this chapter, and shall hold it
separate and apart from all other money, funds, and accounts of the
((committee)) board.
Sec. 28 RCW 79A.15.030 and 2005 c 303 s 2 are each amended to
read as follows:
(1) Moneys appropriated for this chapter shall be divided as
follows:
(a) Appropriations for a biennium of forty million dollars or less
must be allocated equally between the habitat conservation account and
the outdoor recreation account.
(b) If appropriations for a biennium total more than forty million
dollars, the money must be allocated as follows: (i) Twenty million
dollars to the habitat conservation account and twenty million dollars
to the outdoor recreation account; (ii) any amount over forty million
dollars up to fifty million dollars shall be allocated as follows: (A)
Ten percent to the habitat conservation account; (B) ten percent to the
outdoor recreation account; (C) forty percent to the riparian
protection account; and (D) forty percent to the farmlands preservation
account; and (iii) any amounts over fifty million dollars must be
allocated as follows: (A) Thirty percent to the habitat conservation
account; (B) thirty percent to the outdoor recreation account; (C)
thirty percent to the riparian protection account; and (D) ten percent
to the farmlands preservation account.
(2) Except as otherwise provided in chapter 303, Laws of 2005,
moneys deposited in these accounts shall be invested as authorized for
other state funds, and any earnings on them shall be credited to the
respective account.
(3) All moneys deposited in the habitat conservation, outdoor
recreation, riparian protection, and farmlands preservation accounts
shall be allocated as provided under RCW 79A.15.040, 79A.15.050,
79A.15.120, and 79A.15.130 as grants to state or local agencies for
acquisition, development, and renovation within the jurisdiction of
those agencies, subject to legislative appropriation. The
((committee)) board may use or permit the use of any funds appropriated
for this chapter as matching funds where federal, local, or other funds
are made available for projects within the purposes of this chapter.
Moneys appropriated to these accounts that are not obligated to a
specific project may be used to fund projects from lists of alternate
projects from the same account in biennia succeeding the biennium in
which the moneys were originally appropriated.
(4) Projects receiving grants under this chapter that are developed
or otherwise accessible for public recreational uses shall be available
to the public.
(5) The ((committee)) board may make grants to an eligible project
from the habitat conservation, outdoor recreation, riparian protection,
and farmlands preservation accounts and any one or more of the
applicable categories under such accounts described in RCW 79A.15.040,
79A.15.050, 79A.15.120, and 79A.15.130.
(6) The ((committee)) board may accept private donations to the
habitat conservation account, the outdoor recreation account, the
riparian protection account, and the farmlands preservation account for
the purposes specified in this chapter.
(7) The ((committee)) board may apply up to three percent of the
funds appropriated for this chapter for its office for the
administration of the programs and purposes specified in this chapter.
(8) Habitat and recreation land and facilities acquired or
developed with moneys appropriated for this chapter may not, without
prior approval of the ((committee)) board, be converted to a use other
than that for which funds were originally approved. The ((committee))
board shall adopt rules and procedures governing the approval of such
a conversion.
Sec. 29 RCW 79A.15.040 and 2005 c 303 s 3 are each amended to
read as follows:
(1) Moneys appropriated for this chapter to the habitat
conservation account shall be distributed in the following way:
(a) Not less than forty percent through June 30, 2011, at which
time the amount shall become forty-five percent, for the acquisition
and development of critical habitat;
(b) Not less than thirty percent for the acquisition and
development of natural areas;
(c) Not less than twenty percent for the acquisition and
development of urban wildlife habitat; and
(d) Not less than ten percent through June 30, 2011, at which time
the amount shall become five percent, shall be used by the
((committee)) board to fund restoration and enhancement projects on
state lands. Only the department of natural resources and the
department of fish and wildlife may apply for these funds to be used on
existing habitat and natural area lands.
(2)(a) In distributing these funds, the ((committee)) board retains
discretion to meet the most pressing needs for critical habitat,
natural areas, and urban wildlife habitat, and is not required to meet
the percentages described in subsection (1) of this section in any one
biennium.
(b) If not enough project applications are submitted in a category
within the habitat conservation account to meet the percentages
described in subsection (1) of this section in any biennium, the
((committee)) board retains discretion to distribute any remaining
funds to the other categories within the account.
(3) Only state agencies may apply for acquisition and development
funds for natural areas projects under subsection (1) (b) of this
section.
(4) State and local agencies may apply for acquisition and
development funds for critical habitat and urban wildlife habitat
projects under subsection (1)(a) and (c) of this section.
(5)(a) Any lands that have been acquired with grants under this
section by the department of fish and wildlife are subject to an amount
in lieu of real property taxes and an additional amount for control of
noxious weeds as determined by RCW 77.12.203.
(b) Any lands that have been acquired with grants under this
section by the department of natural resources are subject to payments
in the amounts required under the provisions of RCW 79.70.130 and
79.71.130.
Sec. 30 RCW 79A.15.050 and 2005 c 303 s 4 are each amended to
read as follows:
(1) Moneys appropriated for this chapter to the outdoor recreation
account shall be distributed in the following way:
(a) Not less than thirty percent to the state parks and recreation
commission for the acquisition and development of state parks, with at
least fifty percent of the money for acquisition costs;
(b) Not less than thirty percent for the acquisition, development,
and renovation of local parks, with at least fifty percent of this
money for acquisition costs;
(c) Not less than twenty percent for the acquisition, renovation,
or development of trails;
(d) Not less than fifteen percent for the acquisition, renovation,
or development of water access sites, with at least seventy-five
percent of this money for acquisition costs; and
(e) Not less than five percent for development and renovation
projects on state recreation lands. Only the department of natural
resources and the department of fish and wildlife may apply for these
funds to be used on their existing recreation lands.
(2)(a) In distributing these funds, the ((committee)) board retains
discretion to meet the most pressing needs for state and local parks,
trails, and water access sites, and is not required to meet the
percentages described in subsection (1) of this section in any one
biennium.
(b) If not enough project applications are submitted in a category
within the outdoor recreation account to meet the percentages described
in subsection (1) of this section in any biennium, the ((committee))
board retains discretion to distribute any remaining funds to the other
categories within the account.
(3) Only local agencies may apply for acquisition, development, or
renovation funds for local parks under subsection (1)(b) of this
section.
(4) Only state and local agencies may apply for funds for trails
under subsection (1)(c) of this section.
(5) Only state and local agencies may apply for funds for water
access sites under subsection (1)(d) of this section.
Sec. 31 RCW 79A.15.060 and 2005 c 303 s 8 are each amended to
read as follows:
(1) The ((committee)) board may adopt rules establishing
acquisition policies and priorities for distributions from the habitat
conservation account.
(2) Except as provided in RCW 79A.15.030(7), moneys appropriated
for this chapter may not be used by the ((committee)) board to fund
staff positions or other overhead expenses, or by a state, regional, or
local agency to fund operation or maintenance of areas acquired under
this chapter.
(3) Moneys appropriated for this chapter may be used by grant
recipients for costs incidental to acquisition, including, but not
limited to, surveying expenses, fencing, and signing.
(4) Moneys appropriated for this section may be used to fund
mitigation banking projects involving the restoration, creation,
enhancement, or preservation of critical habitat and urban wildlife
habitat, provided that the parties seeking to use the mitigation bank
meet the matching requirements of subsection (5) of this section. The
moneys from this section may not be used to supplant an obligation of
a state or local agency to provide mitigation. For the purposes of
this section, a mitigation bank means a site or sites where critical
habitat or urban wildlife habitat is restored, created, enhanced, or in
exceptional circumstances, preserved expressly for the purpose of
providing compensatory mitigation in advance of authorized project
impacts to similar resources.
(5) The ((committee)) board may not approve a local project where
the local agency share is less than the amount to be awarded from the
habitat conservation account.
(6) In determining acquisition priorities with respect to the
habitat conservation account, the ((committee)) board shall consider,
at a minimum, the following criteria:
(a) For critical habitat and natural areas proposals:
(i) Community support for the project;
(ii) The project proposal's ongoing stewardship program that
includes control of noxious weeds, detrimental invasive species, and
that identifies the source of the funds from which the stewardship
program will be funded;
(iii) Recommendations as part of a watershed plan or habitat
conservation plan, or a coordinated regionwide prioritization effort,
and for projects primarily intended to benefit salmon, limiting
factors, or critical pathways analysis;
(iv) Immediacy of threat to the site;
(v) Uniqueness of the site;
(vi) Diversity of species using the site;
(vii) Quality of the habitat;
(viii) Long-term viability of the site;
(ix) Presence of endangered, threatened, or sensitive species;
(x) Enhancement of existing public property;
(xi) Consistency with a local land use plan, or a regional or
statewide recreational or resource plan, including projects that assist
in the implementation of local shoreline master plans updated according
to RCW 90.58.080 or local comprehensive plans updated according to RCW
36.70A.130;
(xii) Educational and scientific value of the site;
(xiii) Integration with recovery efforts for endangered,
threatened, or sensitive species;
(xiv) For critical habitat proposals by local agencies, the
statewide significance of the site.
(b) For urban wildlife habitat proposals, in addition to the
criteria of (a) of this subsection:
(i) Population of, and distance from, the nearest urban area;
(ii) Proximity to other wildlife habitat;
(iii) Potential for public use; and
(iv) Potential for use by special needs populations.
(7) Before November 1st of each even-numbered year, the
((committee)) board shall recommend to the governor a prioritized list
of all state agency and local projects to be funded under RCW
79A.15.040(1) (a), (b), and (c). The governor may remove projects from
the list recommended by the ((committee)) board and shall submit this
amended list in the capital budget request to the legislature. The
list shall include, but not be limited to, a description of each
project and any particular match requirement, and describe for each
project any anticipated restrictions upon recreational activities
allowed prior to the project.
Sec. 32 RCW 79A.15.065 and 2001 c 227 s 8 are each amended to
read as follows:
In providing grants through the habitat conservation account, the
((committee)) board shall require grant applicants to incorporate the
environmental benefits of the project into their grant applications,
and the ((committee)) board shall utilize the statement of
environmental benefits in the grant application and review process.
The ((committee)) board shall also develop appropriate outcome-focused
performance measures to be used both for management and performance
assessment of the grant program. To the extent possible, the
((committee)) board should coordinate its performance measure system
with other natural resource-related agencies as defined in RCW
43.41.270. The ((committee)) board shall consult with affected
interest groups in implementing this section.
Sec. 33 RCW 79A.15.070 and 2005 c 303 s 9 are each amended to
read as follows:
(1) In determining which state parks proposals and local parks
proposals to fund, the ((committee)) board shall use existing policies
and priorities.
(2) Except as provided in RCW 79A.15.030(7), moneys appropriated
for this chapter may not be used by the ((committee)) board to fund
staff or other overhead expenses, or by a state, regional, or local
agency to fund operation or maintenance of areas acquired under this
chapter.
(3) Moneys appropriated for this chapter may be used by grant
recipients for costs incidental to acquisition and development,
including, but not limited to, surveying expenses, fencing, and
signing.
(4) The ((committee)) board may not approve a project of a local
agency where the share contributed by the local agency is less than the
amount to be awarded from the outdoor recreation account.
(5) The ((committee)) board may adopt rules establishing
acquisition policies and priorities for the acquisition and development
of trails and water access sites to be financed from moneys in the
outdoor recreation account.
(6) In determining the acquisition and development priorities, the
((committee)) board shall consider, at a minimum, the following
criteria:
(a) For trails proposals:
(i) Community support for the project;
(ii) Immediacy of threat to the site;
(iii) Linkage between communities;
(iv) Linkage between trails;
(v) Existing or potential usage;
(vi) Consistency with a local land use plan, or a regional or
statewide recreational or resource plan, including projects that assist
in the implementation of local shoreline master plans updated according
to RCW 90.58.080 or local comprehensive plans updated according to RCW
36.70A.130;
(vii) Availability of water access or views;
(viii) Enhancement of wildlife habitat; and
(ix) Scenic values of the site.
(b) For water access proposals:
(i) Community support for the project;
(ii) Distance from similar water access opportunities;
(iii) Immediacy of threat to the site;
(iv) Diversity of possible recreational uses;
(v) Public demand in the area; and
(vi) Consistency with a local land use plan, or a regional or
statewide recreational or resource plan, including projects that assist
in the implementation of local shoreline master plans updated according
to RCW 90.58.080 or local comprehensive plans updated according to RCW
36.70A.130.
(7) Before November 1st of each even-numbered year, the
((committee)) board shall recommend to the governor a prioritized list
of all state agency and local projects to be funded under RCW
79A.15.050(1) (a), (b), (c), and (d). The governor may remove projects
from the list recommended by the ((committee)) board and shall submit
this amended list in the capital budget request to the legislature.
The list shall include, but not be limited to, a description of each
project and any particular match requirement, and describe for each
project any anticipated restrictions upon recreational activities
allowed prior to the project.
Sec. 34 RCW 79A.15.080 and 2005 c 303 s 10 are each amended to
read as follows:
The ((committee)) board shall not sign contracts or otherwise
financially obligate funds from the habitat conservation account, the
outdoor recreation account, the riparian protection account, or the
farmlands preservation account as provided in this chapter before the
legislature has appropriated funds for a specific list of projects.
The legislature may remove projects from the list recommended by the
governor.
Sec. 35 RCW 79A.15.100 and 1990 1st ex.s. c 14 s 11 are each
amended to read as follows:
On or before November 1st of each odd-numbered year, the
((committee)) board shall submit to the governor and the standing
committees of the legislature dealing with fiscal affairs, fish and
wildlife, and natural resources a report detailing the acquisitions and
development projects funded under this chapter during the immediately
preceding biennium.
Sec. 36 RCW 79A.15.110 and 2005 c 303 s 5 are each amended to
read as follows:
A state or local agency shall review the proposed project
application with the county or city with jurisdiction over the project
area prior to applying for funds for the acquisition of property under
this chapter. The appropriate county or city legislative authority
may, at its discretion, submit a letter to the ((committee)) board
identifying the authority's position with regard to the acquisition
project. The ((committee)) board shall make the letters received under
this section available to the governor and the legislature when the
prioritized project list is submitted under RCW 79A.15.120, 79A.15.060,
and 79A.15.070.
Sec. 37 RCW 79A.15.120 and 2005 c 303 s 6 are each amended to
read as follows:
(1) The riparian protection account is established in the state
treasury. The ((committee)) board must administer the account in
accordance with chapter 79A.25 RCW and this chapter, and hold it
separate and apart from all other money, funds, and accounts of the
((committee)) board.
(2) Moneys appropriated for this chapter to the riparian protection
account must be distributed for the acquisition or enhancement or
restoration of riparian habitat. All enhancement or restoration
projects, except those qualifying under subsection (10)(a) of this
section, must include the acquisition of a real property interest in
order to be eligible.
(3) State and local agencies and lead entities under chapter 77.85
RCW may apply for acquisition and enhancement or restoration funds for
riparian habitat projects under subsection (1) of this section. Other
state agencies not defined in RCW 79A.15.010, such as the department of
transportation and the department of corrections, may enter into
interagency agreements with state agencies to apply in partnership for
funds under this section.
(4) The ((committee)) board may adopt rules establishing
acquisition policies and priorities for distributions from the riparian
protection account.
(5) Except as provided in RCW 79A.15.030(7), moneys appropriated
for this section may not be used by the ((committee)) board to fund
staff positions or other overhead expenses, or by a state, regional, or
local agency to fund operation or maintenance of areas acquired under
this chapter.
(6) Moneys appropriated for this section may be used by grant
recipients for costs incidental to restoration and acquisition,
including, but not limited to, surveying expenses, fencing, and
signing.
(7) Moneys appropriated for this section may be used to fund
mitigation banking projects involving the restoration, creation,
enhancement, or preservation of riparian habitat, provided that the
parties seeking to use the mitigation bank meet the matching
requirements of subsection (8) of this section. The moneys from this
section may not be used to supplant an obligation of a state or local
agency to provide mitigation. For the purposes of this section, a
mitigation bank means a site or sites where riparian habitat is
restored, created, enhanced, or in exceptional circumstances, preserved
expressly for the purpose of providing compensatory mitigation in
advance of authorized project impacts to similar resources.
(8) The ((committee)) board may not approve a local project where
the local agency share is less than the amount to be awarded from the
riparian protection account. In-kind contributions, including
contributions of a real property interest in land may be used to
satisfy the local agency's share.
(9) State agencies receiving grants for acquisition of land under
this section must pay an amount in lieu of real property taxes equal to
the amount of tax that would be due if the land were taxable as open
space land under chapter 84.34 RCW except taxes levied for any state
purpose, plus an additional amount for control of noxious weeds equal
to that which would be paid if such lands were privately owned. The
county assessor and county legislative authority shall assist in
determining the appropriate calculation of the amount of tax that would
be due.
(10) In determining acquisition priorities with respect to the
riparian protection account, the ((committee)) board must consider, at
a minimum, the following criteria:
(a) Whether the project continues the conservation reserve
enhancement program. Applications that extend the duration of leases
of riparian areas that are currently enrolled in the conservation
reserve enhancement program shall be eligible. Such applications are
eligible for a conservation lease extension of at least twenty-five
years of duration;
(b) Whether the projects are identified or recommended in a
watershed planning process under chapter 247, Laws of 1998, salmon
recovery planning under chapter 77.85 RCW, or other local plans, such
as habitat conservation plans, and these must be highly considered in
the process;
(c) Whether there is community support for the project;
(d) Whether the proposal includes an ongoing stewardship program
that includes control of noxious weeds, detrimental invasive species,
and that identifies the source of the funds from which the stewardship
program will be funded;
(e) Whether there is an immediate threat to the site;
(f) Whether the quality of the habitat is improved or, for projects
including restoration or enhancement, the potential for restoring
quality habitat including linkage of the site to other high quality
habitat;
(g) Whether the project is consistent with a local land use plan,
or a regional or statewide recreational or resource plan. The projects
that assist in the implementation of local shoreline master plans
updated according to RCW 90.58.080 or local comprehensive plans updated
according to RCW 36.70A.130 must be highly considered in the process;
(h) Whether the site has educational or scientific value; and
(i) Whether the site has passive recreational values for walking
trails, wildlife viewing, or the observation of natural settings.
(11) Before November 1st of each even-numbered year, the
((committee)) board will recommend to the governor a prioritized list
of projects to be funded under this section. The governor may remove
projects from the list recommended by the ((committee)) board and will
submit this amended list in the capital budget request to the
legislature. The list must include, but not be limited to, a
description of each project and any particular match requirement.
Sec. 38 RCW 79A.15.130 and 2005 c 303 s 7 are each amended to
read as follows:
(1) The farmlands preservation account is established in the state
treasury. The ((committee)) board will administer the account in
accordance with chapter 79A.25 RCW and this chapter, and hold it
separate and apart from all other money, funds, and accounts of the
((committee)) board. Moneys appropriated for this chapter to the
farmlands preservation account must be distributed for the acquisition
and preservation of farmlands in order to maintain the opportunity for
agricultural activity upon these lands.
(2)(a) Moneys appropriated for this chapter to the farmlands
preservation account may be distributed for (i) the fee simple or less
than fee simple acquisition of farmlands; (ii) the enhancement or
restoration of ecological functions on those properties; or (iii) both.
In order for a farmland preservation grant to provide for an
environmental enhancement or restoration project, the project must
include the acquisition of a real property interest.
(b) If a city or county acquires a property through this program in
fee simple, the city or county shall endeavor to secure preservation of
the property through placing a conservation easement, or other form of
deed restriction, on the property which dedicates the land to
agricultural use and retains one or more property rights in perpetuity.
Once an easement or other form of deed restriction is placed on the
property, the city or county shall seek to sell the property, at fair
market value, to a person or persons who will maintain the property in
agricultural production. Any moneys from the sale of the property
shall either be used to purchase interests in additional properties
which meet the criteria in subsection (9) of this section, or to repay
the grant from the state which was originally used to purchase the
property.
(3) Cities and counties may apply for acquisition and enhancement
or restoration funds for farmland preservation projects within their
jurisdictions under subsection (1) of this section.
(4) The ((committee)) board may adopt rules establishing
acquisition and enhancement or restoration policies and priorities for
distributions from the farmlands preservation account.
(5) The acquisition of a property right in a project under this
section by a county or city does not provide a right of access to the
property by the public unless explicitly provided for in a conservation
easement or other form of deed restriction.
(6) Except as provided in RCW 79A.15.030(7), moneys appropriated
for this section may not be used by the ((committee)) board to fund
staff positions or other overhead expenses, or by a city or county to
fund operation or maintenance of areas acquired under this chapter.
(7) Moneys appropriated for this section may be used by grant
recipients for costs incidental to restoration and acquisition,
including, but not limited to, surveying expenses, fencing, and
signing.
(8) The ((committee)) board may not approve a local project where
the local agency's share is less than the amount to be awarded from the
farmlands preservation account. In-kind contributions, including
contributions of a real property interest in land, may be used to
satisfy the local agency's share.
(9) In determining the acquisition priorities, the ((committee))
board must consider, at a minimum, the following criteria:
(a) Community support for the project;
(b) A recommendation as part of a limiting factors or critical
pathways analysis, a watershed plan or habitat conservation plan, or a
coordinated regionwide prioritization effort;
(c) The likelihood of the conversion of the site to nonagricultural
or more highly developed usage;
(d) Consistency with a local land use plan, or a regional or
statewide recreational or resource plan. The projects that assist in
the implementation of local shoreline master plans updated according to
RCW 90.58.080 or local comprehensive plans updated according to RCW
36.70A.130 must be highly considered in the process;
(e) Benefits to salmonids;
(f) Benefits to other fish and wildlife habitat;
(g) Integration with recovery efforts for endangered, threatened,
or sensitive species;
(h) The viability of the site for continued agricultural
production, including, but not limited to:
(i) Soil types;
(ii) On-site production and support facilities such as barns,
irrigation systems, crop processing and storage facilities, wells,
housing, livestock sheds, and other farming infrastructure;
(iii) Suitability for producing different types or varieties of
crops;
(iv) Farm-to-market access;
(v) Water availability; and
(i) Other community values provided by the property when used as
agricultural land, including, but not limited to:
(i) Viewshed;
(ii) Aquifer recharge;
(iii) Occasional or periodic collector for storm water runoff;
(iv) Agricultural sector job creation;
(v) Migratory bird habitat and forage area; and
(vi) Educational and curriculum potential.
(10) In allotting funds for environmental enhancement or
restoration projects, the ((committee)) board will require the projects
to meet the following criteria:
(a) Enhancement or restoration projects must further the ecological
functions of the farmlands;
(b) The projects, such as fencing, bridging watercourses,
replanting native vegetation, replacing culverts, clearing of
waterways, etc., must be less than fifty percent of the acquisition
cost of the project including any in-kind contribution by any party;
(c) The projects should be based on accepted methods of achieving
beneficial enhancement or restoration results; and
(d) The projects should enhance the viability of the preserved
farmland to provide agricultural production while conforming to any
legal requirements for habitat protection.
(11) Before November 1st of each even-numbered year, the
((committee)) board will recommend to the governor a prioritized list
of all projects to be funded under this section. The governor may
remove projects from the list recommended by the ((committee)) board
and must submit this amended list in the capital budget request to the
legislature. The list must include, but not be limited to, a
description of each project and any particular match requirement.
Sec. 39 RCW 79A.25.005 and 1989 c 237 s 1 are each amended to
read as follows:
(1) As Washington begins its second century of statehood, the
legislature recognizes that renewed efforts are needed to preserve,
conserve, and enhance the state's recreational resources. Rapid
population growth and increased urbanization have caused a decline in
suitable land for recreation and resulted in overcrowding and
deterioration of existing facilities. Lack of adequate recreational
resources directly affects the health and well-being of all citizens of
the state, reduces the state's economic viability, and prevents
Washington from maintaining and achieving the quality of life that it
deserves.
It is therefore the policy of the state and its agencies to
preserve, conserve, and enhance recreational resources and open space.
In carrying out this policy, the mission of the ((interagency committee
for outdoor recreation)) recreation and conservation funding board and
its ((staff)) office is to (a) create and work actively for the
implementation of a unified statewide strategy for meeting the
recreational needs of Washington's citizens, (b) represent and promote
the interests of the state on recreational issues in concert with other
state and local agencies and the governor, (c) encourage and provide
interagency and regional coordination, and interaction between public
and private organizations, (d) administer recreational grant-in-aid
programs and provide technical assistance, and (e) serve as a
repository for information, studies, research, and other data relating
to recreation.
(2) Washington is uniquely endowed with fresh and salt waters rich
in scenic and recreational value. This outdoor heritage enriches the
lives of citizens, attracts new residents and businesses to the state,
and is a major support of its expanding tourist industry. Rising
population, increased income and leisure time, and the rapid growth of
boating and other water sports have greatly increased the demand for
water related recreation, while waterfront land is rapidly rising in
value and disappearing from public use. There is consequently an
urgent need for the acquisition or improvement of waterfront land on
fresh and salt water suitable for marine recreational use by Washington
residents and visitors. To meet this need, it is necessary and proper
that the portion of motor vehicle fuel taxes paid by boat owners and
operators on fuel consumed in their watercraft and not reclaimed as
presently provided by law should be expended for the acquisition or
improvement of marine recreation land on the Pacific Ocean, Puget
Sound, bays, lakes, rivers, reservoirs and other fresh and salt waters
of the state.
Sec. 40 RCW 79A.25.010 and 2006 c 152 s 9 are each amended to
read as follows:
((Definitions: As used in this chapter:)) The definitions in this
section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Marine recreation land" means any land with or without
improvements which (a) provides access to, or in whole or in part
borders on, fresh or salt water suitable for recreational use by
watercraft, or (b) may be used to create, add to, or make more usable,
bodies of water, waterways, or land, for recreational use by
watercraft.
(2) "Public body" means any county, city, town, port district, park
and recreation district, metropolitan park district, or other municipal
corporation which is authorized to acquire or improve public outdoor
recreation land, and shall also mean Indian tribes now or hereafter
recognized as such by the federal government for participation in the
land and water conservation program.
(3) "Tax on marine fuel" means motor vehicle fuel tax which is (a)
tax on fuel used in, or sold or distributed for use in, any watercraft,
(b) refundable pursuant to chapter 82.36 RCW, and (c) paid to the
director of licensing with respect to taxable sales, distributions, or
uses occurring on or after December 3, 1964.
(4) "Watercraft" means any boat, vessel, or other craft used for
navigation on or through water.
(5) (("Committee")) "Board" means the ((interagency committee for
outdoor recreation)) recreation and conservation funding board.
(6) "Director" means the director of the ((interagency committee
for outdoor recreation)) recreation and conservation office.
(7) "Office," "recreation and conservation office," or "the office
of recreation and conservation" means the state agency responsible for
administration of programs and activities of the recreation and
conservation funding board, the salmon recovery funding board, the
invasive species council, and such other duties or boards, councils, or
advisory groups as are or may be established or directed for
administrative placement in the agency.
(8) "Council" means the Washington invasive species council created
in RCW 79A.25.310.
Sec. 41 RCW 79A.25.020 and 2000 c 11 s 69 are each amended to
read as follows:
The director shall have the following powers and duties:
(1) To supervise the administrative operations of the ((committee))
boards, office, and ((its)) their staff;
(2) To administer recreation and conservation grant-in-aid programs
and contracts, and provide technical assistance to state and local
agencies;
(3) To prepare and update a strategic plan for the acquisition,
renovation, and development of recreational resources and the
preservation and conservation of open space. The plan shall be
prepared in coordination with the office of the governor and the office
of financial management, with participation of federal, state, and
local agencies having recreational responsibilities, user groups,
private sector interests, and the general public. The plan shall be
submitted to the ((committee)) recreation and conservation funding
board for review, and the ((committee)) board shall submit its
recommendations on the plan to the governor. The plan shall include,
but is not limited to: (a) an inventory of current resources; (b) a
forecast of recreational resource demand; (c) identification and
analysis of actual and potential funding sources; (d) a process for
broad scale information gathering; (e) an assessment of the
capabilities and constraints, both internal and external to state
government, that affect the ability of the state to achieve the goals
of the plan; (f) an analysis of strategic options and decisions
available to the state; (g) an implementation strategy that is
coordinated with executive policy and budget priorities; and (h)
elements necessary to qualify for participation in or the receipt of
aid from any federal program for outdoor recreation;
(4) To represent and promote the interests of the state on
recreational issues and further the mission of the ((committee)) board
and office;
(5) Upon approval of the ((committee)) relevant board, to enter
into contracts and agreements with private nonprofit corporations to
further state goals of preserving, conserving, and enhancing
recreational resources and open space for the public benefit and use;
(6) To appoint such technical and other committees as may be
necessary to carry out the purposes of this chapter;
(7) To create and maintain a repository for data, studies,
research, and other information relating to recreation and conservation
resources in the state, and to encourage the interchange of such
information;
(8) To encourage and provide opportunities for interagency and
regional coordination and cooperative efforts between public agencies
and between public and private entities involved in the development and
preservation of recreational and conservation resources; and
(9) To prepare the state trails plan, as required by RCW
79A.35.040.
Sec. 42 RCW 79A.25.030 and 2000 c 11 s 70 are each amended to
read as follows:
From time to time, but at least once each four years, the director
of licensing shall determine the amount or proportion of moneys paid to
him or her as motor vehicle fuel tax which is tax on marine fuel. The
director of licensing shall make or authorize the making of studies,
surveys, or investigations to assist him or her in making such
determination, and shall hold one or more public hearings on the
findings of such studies, surveys, or investigations prior to making
his or her determination. The studies, surveys, or investigations
conducted pursuant to this section shall encompass a period of twelve
consecutive months each time. The final determination by the director
of licensing shall be implemented as of the next biennium after the
period from which the study data were collected. The director of
licensing may delegate his or her duties and authority under this
section to one or more persons of the department of licensing if he or
she finds such delegation necessary and proper to the efficient
performance of these duties. Costs of carrying out the provisions of
this section shall be paid from the marine fuel tax refund account
created in RCW 79A.25.040, upon legislative appropriation.
Sec. 43 RCW 79A.25.060 and 2000 c 11 s 72 are each amended to
read as follows:
The outdoor recreation account is created in the state treasury.
Moneys in the account are subject to legislative appropriation. The
((committee)) board shall administer the account in accordance with
chapter 79A.15 RCW and this chapter, and shall hold it separate and
apart from all other money, funds, and accounts of the ((committee))
board.
Grants, gifts, or other financial assistance, proceeds received
from public bodies as administrative cost contributions, and moneys
made available to the state of Washington by the federal government for
outdoor recreation, may be deposited into the account.
Sec. 44 RCW 79A.25.080 and 2000 c 11 s 74 are each amended to
read as follows:
Moneys transferred to the recreation resource account from the
marine fuel tax refund account may be used when appropriated by the
legislature, as well as any federal or other funds now or hereafter
available, to pay the office and necessary administrative and
coordinative costs of the ((interagency committee for outdoor
recreation)) recreation and conservation funding board established by
RCW 79A.25.110. All moneys so transferred, except those appropriated
as aforesaid, shall be divided into two equal shares and shall be used
to benefit watercraft recreation in this state as follows:
(1) One share as grants to state agencies for (a) acquisition of
title to, or any interests or rights in, marine recreation land, (b)
capital improvement and renovation of marine recreation land, including
periodic dredging in accordance with subsection (3) of this section, if
needed, to maintain or make the facility more useful, or (c) matching
funds in any case where federal or other funds are made available on a
matching basis for purposes described in (a) or (b) of this subsection;
(2) One share as grants to public bodies to help finance (a)
acquisition of title to, or any interests or rights in, marine
recreation land, or (b) capital improvement and renovation of marine
recreation land, including periodic dredging in accordance with
subsection (3) of this section, if needed, to maintain or make the
facility more useful. A public body is authorized to use a grant,
together with its own contribution, as matching funds in any case where
federal or other funds are made available for purposes described in (a)
or (b) of this subsection. The ((committee)) board may prescribe
further terms and conditions for the making of grants in order to carry
out the purposes of this chapter.
(3) For the purposes of this section "periodic dredging" is limited
to dredging of materials that have been deposited in a channel due to
unforeseen events. This dredging should extend the expected usefulness
of the facility for at least five years.
Sec. 45 RCW 79A.25.090 and 1995 c 166 s 6 are each amended to
read as follows:
Interest earned on funds granted or made available by the
((committee)) board shall not be expended by the recipient but shall be
returned to the source account for disbursement by the ((committee))
board in accordance with general budget and accounting procedure.
Sec. 46 RCW 79A.25.100 and 2000 c 11 s 75 are each amended to
read as follows:
Marine recreation land with respect to which money has been
expended under RCW 79A.25.080 shall not, without the approval of the
((committee)) board, be converted to uses other than those for which
such expenditure was originally approved. The ((committee)) board
shall only approve any such conversion upon conditions which will
assure the substitution of other marine recreation land of at least
equal fair market value at the time of conversion and of as nearly as
feasible equivalent usefulness and location.
Sec. 47 RCW 79A.25.110 and 1994 c 264 s 31 are each amended to
read as follows:
There is created the ((interagency committee for outdoor
recreation)) recreation and conservation funding board consisting of
the commissioner of public lands, the director of parks and recreation,
and the director of fish and wildlife, or their designees, and, by
appointment of the governor with the advice and consent of the senate,
five members from the public at large who have a demonstrated interest
in and a general knowledge of outdoor recreation and conservation in
the state. The terms of members appointed from the public at large
shall commence on January 1st of the year of appointment and shall be
for three years or until a successor is appointed, except in the case
of appointments to fill vacancies which shall be for the remainder of
the unexpired term((; provided the first such members shall be
appointed for terms as follows: One member for one year, two members
for two years, and two members for three years)). The governor shall
appoint one of the members from the public at large to serve as
((chairman)) chair of the ((committee)) board for the duration of the
member's term. Members employed by the state shall serve without
additional pay and participation in the work of the ((committee)) board
shall be deemed performance of their employment. Members from the
public at large shall be compensated in accordance with RCW 43.03.240
and shall be entitled to reimbursement individually for travel expenses
incurred in performance of their duties as members of the ((committee))
board in accordance with RCW 43.03.050 and 43.03.060.
Sec. 48 RCW 79A.25.120 and 1995 c 166 s 7 are each amended to
read as follows:
Any public body or any agency of state government authorized to
acquire or improve public outdoor recreation land which desires funds
from the outdoor recreation account, the recreation resource account,
or the nonhighway and off-road vehicle activities program account shall
submit to the ((committee)) board a long-range plan for developing
outdoor recreation facilities within its authority and detailed plans
for the projects sought to be financed from these accounts, including
estimated cost and such other information as the ((committee)) board
may require. The ((committee)) board shall analyze all proposed plans
and projects, and shall recommend to the governor for inclusion in the
budget such projects as it may approve and find to be consistent with
an orderly plan for the acquisition and improvement of outdoor
recreation lands in the state.
Sec. 49 RCW 79A.25.130 and 1967 ex.s. c 62 s 5 are each amended
to read as follows:
The ((committee)) board or director may apply to any appropriate
agency or officer of the United States for participation in or the
receipt of aid from any federal program respecting outdoor recreation
((not specifically designated for another fund or agency)) or
conservation. ((It)) The board or director may enter into contracts
and agreements with the United States or any appropriate agency
thereof, keep financial and other records relating thereto, and furnish
to appropriate officials and agencies of the United States such reports
and information as may be reasonably necessary to enable such officials
and agencies to perform their duties under such programs.
Sec. 50 RCW 79A.25.140 and 1967 ex.s. c 62 s 6 are each amended
to read as follows:
The ((committee for outdoor recreation)) board or director shall
not make ((no)) any commitment ((nor)) or enter into any agreement
until it ((has)) is determined that sufficient funds are available to
meet project costs. It is the legislative intent that, to such extent
as may be necessary to assure the proper operation and maintenance of
areas and facilities acquired or developed pursuant to any program
participated in by this state under authority of this chapter, such
areas and facilities shall be publicly maintained for outdoor
recreation purposes. When requested by a state agency or public body,
the ((committee)) board or director may enter into and administer
agreements with the United States or any appropriate agency thereof for
planning, acquisition, and development projects involving participating
federal-aid funds on behalf of any state agency, public body, or
subdivision of this state: PROVIDED, That recipients of funds give
necessary assurances to the ((committee)) board or director that they
have available sufficient matching funds to meet their shares, if any,
of the cost of the project and that the acquired or developed areas
will be operated and maintained at the expense of such state agency,
public body, or subdivision for public outdoor recreation use.
Sec. 51 RCW 79A.25.150 and 1989 c 237 s 3 are each amended to
read as follows:
When requested by the ((committee)) board, members employed by the
state shall furnish assistance to the ((committee)) board from their
departments for the analysis and review of proposed plans and projects,
and such assistance shall be a proper charge against the appropriations
to the several agencies represented on the ((committee)) board.
Assistance may be in the form of money, personnel, or equipment and
supplies, whichever is most suitable to the needs of the ((committee))
board.
The director of the recreation and conservation office shall be
appointed by, and serve at the pleasure of, the governor. The governor
shall select the director from a list of three candidates submitted by
the ((committee)) board. However, the governor may request and the
((committee)) board shall provide an additional list or lists from
which the governor may select the director. The lists compiled by the
((committee)) board shall not be subject to public disclosure. The
director shall have background and experience in the areas of
recreation and conservation management and policy. The director shall
be paid a salary to be fixed by the governor in accordance with the
provisions of RCW 43.03.040. The director shall appoint such personnel
as may be necessary to carry out the duties of the ((committee))
office. Not more than three employees appointed by the director shall
be exempt from the provisions of chapter 41.06 RCW.
Sec. 52 RCW 79A.25.190 and 1995 c 166 s 8 are each amended to
read as follows:
The 1967 and subsequent legislatures may appropriate funds
requested in the budget for grants to public bodies and state agencies
from the recreation resource account to the ((committee)) board for
allocation and disbursement. The ((committee)) board shall include a
list of prioritized state agency projects to be funded from the
recreation resource account with its biennial budget request.
Sec. 53 RCW 79A.25.200 and 2000 c 11 s 77 are each amended to
read as follows:
The recreation resource account is created in the state treasury.
Moneys in this account are subject to legislative appropriation. The
((committee)) board shall administer the account in accordance with
this chapter and chapter 79A.35 RCW and shall hold it separate and
apart from all other money, funds, and accounts of the ((committee))
board. Moneys received from the marine fuel tax refund account under
RCW 79A.25.070 shall be deposited into the account. Grants, gifts, or
other financial assistance, proceeds received from public bodies as
administrative cost contributions, and moneys made available to the
state of Washington by the federal government for outdoor recreation
may be deposited into the account.
Sec. 54 RCW 79A.25.210 and 1996 c 96 s 1 are each amended to read
as follows:
The firearms range account is hereby created in the state general
fund. Moneys in the account shall be subject to legislative
appropriation and shall be used for purchase and development of land,
construction or improvement of range facilities, including fixed
structure construction or remodeling, equipment purchase, safety or
environmental improvements, noise abatement, and liability protection
for public and nonprofit firearm range training and practice
facilities.
Grant funds shall not be used for expendable shooting supplies, or
normal operating expenses. In making grants, the ((interagency
committee for outdoor recreation)) board shall give priority to
projects for noise abatement or safety improvement. Grant funds shall
not supplant funds for other organization programs.
The funds will be available to nonprofit shooting organizations,
school districts, and state, county, or local governments on a match
basis. All entities receiving matching funds must be open on a regular
basis and usable by law enforcement personnel or the general public who
possess Washington concealed pistol licenses or Washington hunting
licenses or who are enrolled in a firearm safety class.
Applicants for a grant from the firearms range account shall
provide matching funds in either cash or in-kind contributions. The
match must represent one dollar in value for each one dollar of the
grant except that in the case of a grant for noise abatement or safety
improvements the match must represent one dollar in value for each two
dollars of the grant. In-kind contributions include but are not
limited to labor, materials, and new property. Existing assets and
existing development may not apply to the match.
Applicants other than school districts or local or state government
must be registered as a nonprofit or not-for-profit organization with
the Washington secretary of state. The organization's articles of
incorporation must contain provisions for the organization's structure,
officers, legal address, and registered agent.
Organizations requesting grants must provide the hours of range
availability for public and law enforcement use. The fee structure
will be submitted with the grant application.
Any nonprofit organization or agency accepting a grant under this
program will be required to pay back the entire grant amount to the
firearms range account if the use of the range facility is discontinued
less than ten years after the grant is accepted.
Entities receiving grants must make the facilities for which grant
funding is received open for hunter safety education classes and
firearm safety classes on a regular basis for no fee.
Government units or school districts applying for grants must open
their range facility on a regular basis for hunter safety education
classes and firearm safety classes.
The ((interagency committee for outdoor recreation)) board shall
adopt rules to implement chapter 195, Laws of 1990, pursuant to chapter
34.05 RCW.
Sec. 55 RCW 79A.25.220 and 1993 sp.s. c 2 s 71 are each amended
to read as follows:
(1) A ten-member firearms range advisory committee is hereby
created to provide advice and counsel to the ((interagency committee
for outdoor recreation)) board. The members shall be appointed by the
director of the ((interagency committee for outdoor recreation))
recreation and conservation office from the following groups:
(a) Law enforcement;
(b) Washington military department;
(c) Black powder shooting sports;
(d) Rifle shooting sports;
(e) Pistol shooting sports;
(f) Shotgun shooting sports;
(g) Archery shooting sports;
(h) Hunter education;
(i) Hunters; and
(j) General public.
(2) The firearms range advisory committee members shall serve two-year terms with five new members being selected each year beginning
with the third year of the committee's existence. The firearms range
advisory committee members shall not receive compensation from the
firearms range account. However, travel and per diem costs shall be
paid consistent with regulations for state employees.
(3) The ((interagency committee for outdoor recreation)) office
shall provide administrative, operational, and logistical support for
the firearms range advisory committee. Expenses directly incurred for
supporting this program may be charged by the ((interagency committee
for outdoor recreation)) office against the firearms range account.
Expenses shall not exceed ten percent of the yearly income for the
range account.
(4) The ((interagency committee for outdoor recreation)) board
shall in cooperation with the firearms range advisory committee:
(a) Develop an application process;
(b) Develop an audit and accountability program;
(c) Screen, prioritize, and approve grant applications; and
(d) Monitor compliance by grant recipients.
(5) The department of natural resources, the department of fish and
wildlife, and the Washington military department are encouraged to
provide land, facilitate land exchanges, and support the development of
shooting range facilities.
Sec. 56 RCW 79A.25.230 and 1990 c 195 s 4 are each amended to
read as follows:
The ((interagency committee for outdoor recreation)) board or
director may accept gifts and grants upon such terms as the
((committee)) board shall deem proper. All monetary gifts and grants
shall be deposited in the firearms range account of the general fund.
Sec. 57 RCW 79A.25.240 and 2003 c 39 s 44 are each amended to
read as follows:
The ((interagency committee for outdoor)) recreation and
conservation office shall provide necessary grants and loan
administration support to the salmon recovery funding board as provided
in RCW 77.85.120. The ((committee)) office shall also be responsible
for tracking salmon recovery expenditures under RCW 77.85.140. The
((committee)) office shall provide all necessary administrative support
to the salmon recovery funding board, and the salmon recovery funding
board shall be located with the ((committee)) office. The
((committee)) office shall provide necessary ((information to))
coordination with the salmon recovery office.
Sec. 58 RCW 79A.25.250 and 2000 c 11 s 79 are each amended to
read as follows:
Recognizing the fact that the demand for park services is greatest
in our urban areas, that parks should be accessible to all Washington
citizens, that the urban poor cannot afford to travel to remotely
located parks, that few state parks are located in or near urban areas,
that a need exists to conserve energy, and that local governments
having jurisdiction in urban areas cannot afford the costs of
maintaining and operating the extensive park systems needed to service
their large populations, the legislature hereby directs the
((interagency committee for outdoor)) recreation and conservation
funding board to place a high priority on the acquisition, development,
redevelopment, and renovation of parks to be located in or near urban
areas and to be particularly accessible to and used by the populations
of those areas. For purposes of RCW 79A.25.250 and 79A.05.300, "urban
areas" means any incorporated city with a population of five thousand
persons or greater or any county with a population density of two
hundred fifty persons per square mile or greater. This section shall
be implemented by January 1, 1981.
Sec. 59 RCW 79A.25.820 and 2003 c 126 s 702 are each amended to
read as follows:
Subject to available resources, the ((interagency committee for
outdoor)) recreation and conservation funding board may:
(1) Prepare and update a strategic plan for the development,
maintenance, and improvement of community outdoor athletic fields in
the state. In the preparation of such plan, the ((interagency
committee for outdoor recreation)) board may use available data from
federal, state, and local agencies having community outdoor athletic
responsibilities, user groups, private sector interests, and the
general public. The plan may include, but is not limited to:
(a) An inventory of current community outdoor athletic fields;
(b) A forecast of demand for these fields;
(c) An identification and analysis of actual and potential funding
sources; and
(d) Other information the ((interagency committee for outdoor
recreation)) board deems appropriate to carry out the purposes of RCW
79A.25.800 through 79A.25.830;
(2) Determine the eligibility requirements for cities, counties,
and qualified nonprofit organizations to access funding from the youth
athletic facility account created in RCW 43.99N.060(4);
(3) Encourage and provide opportunities for interagency and
regional coordination and cooperative efforts between public agencies
and between public entities and nonprofit organizations involved in the
maintenance, development, and improvement of community outdoor athletic
fields; and
(4) Create and maintain data, studies, research, and other
information relating to community outdoor athletic fields in the state,
and to encourage the exchange of this information.
Sec. 60 RCW 79A.25.830 and 2000 c 11 s 82 are each amended to
read as follows:
The ((interagency committee for outdoor)) recreation and
conservation funding board or office may receive gifts, grants, or
endowments from public and private sources that are made from time to
time, in trust or otherwise, for the use and benefit of the purposes of
RCW 79A.25.800 through 79A.25.830 and spend gifts, grants, or
endowments or income from the public or private sources according to
their terms, unless the receipt of the gifts, grants, or endowments
violates RCW 42.17.710.
Sec. 61 RCW 79A.25.310 and 2006 c 152 s 2 are each amended to
read as follows:
(1) There is created the Washington invasive species council to
exist until December 31, 2011. Staff support to the council shall be
provided by the ((committee)) recreation and conservation office and
from the agencies represented on the council. For administrative
purposes, the council shall be located within the ((committee)) office.
(2) The purpose of the council is to provide policy level
direction, planning, and coordination for combating harmful invasive
species throughout the state and preventing the introduction of others
that may be potentially harmful.
(3) The council is a joint effort between local, tribal, state, and
federal governments, as well as the private sector and nongovernmental
interests. The purpose of the council is to foster cooperation,
communication, and coordinated approaches that support local, state,
and regional initiatives for the prevention and control of invasive
species.
(4) For the purposes of this chapter, "invasive species" include
nonnative organisms that cause economic or environmental harm and are
capable of spreading to new areas of the state. "Invasive species"
does not include domestic livestock, intentionally planted agronomic
crops, or nonharmful exotic organisms.
Sec. 62 RCW 79A.25.370 and 2006 c 152 s 8 are each amended to
read as follows:
The invasive species council account is created in the custody of
the state treasurer. All receipts from appropriations, gifts, grants,
and donations must be deposited into the account. Expenditures from
the account may be used only to carry out the purposes of the council.
The account is subject to allotment procedures under chapter 43.88 RCW
and the approval of the director of the ((committee)) recreation and
conservation office is required for expenditures. All expenditures
must be directed by the council.
Sec. 63 RCW 79A.35.010 and 1970 ex.s. c 76 s 2 are each amended
to read as follows:
((As used in this chapter, "IAC" means the Washington state
interagency committee for outdoor recreation, and)) The definitions in
this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the recreation and conservation funding board.
(2) "System" means the Washington state recreation trails system.
Sec. 64 RCW 79A.35.030 and 2000 c 11 s 86 are each amended to
read as follows:
(1) The system shall be composed of trails as designated by the
((IAC)) board. Such trails shall meet the conditions established in
this chapter and such supplementary criteria as the ((IAC)) board may
prescribe.
(2) The ((IAC)) board shall establish a procedure whereby federal,
state, and local governmental agencies and/or public and private
organizations may propose trails for inclusion within the system. Such
proposals will comply with the proposal requirements contained in RCW
79A.35.050.
(3) In consultation with appropriate federal, state, and local
governmental agencies and public and private organizations, the ((IAC))
board shall establish a procedure for public review of the proposals
considered appropriate for inclusion in the statewide trails system.
Sec. 65 RCW 79A.35.050 and 1970 ex.s. c 76 s 6 are each amended
to read as follows:
Before any specific existing or proposed trail is considered for
designation as a state recreational trail, a proposal must be submitted
to the ((IAC)) board showing the following:
(1) For existing trails:
(a) The route of such trail, including maps and illustrations, and
the recommended mode or modes of travel to be permitted thereon;
(b) The characteristics that, in the judgment of the agency or
organization proposing the trail, make it worthy of designation as a
component of a state recreation trail or trail system;
(c) A map showing the current status of land ownership and use
along the designated route;
(d) The name of the agency or combination of agencies that would be
responsible for acquiring additional trail rights-of-way or easements,
trail improvement, operation and maintenance, and a statement from
those agencies indicating the conditions under which they would be
willing to accept those responsibilities;
(e) Any anticipated problems of maintaining and supervising the use
of such trail and any anticipated hazards to the use of any land or
resource adjacent to such trail;
(f) And such others as deemed necessary by the ((IAC)) board.
(2) In addition, for proposed trails or for existing trails which
require additional right-of-way acquisition, easements, and/or
development:
(a) The method of acquiring trail rights-of-way or easements;
(b) The estimated cost of acquisition of lands, or interest in
land, if any is required;
(c) The plans for developing the trail and the estimated cost
thereof;
(d) Proposed sources of funds to accomplish (((2)))(a) and
(((2)))(b) of this subsection.
Sec. 66 RCW 79A.35.060 and 1970 ex.s. c 76 s 7 are each amended
to read as follows:
Following designation of a state recreation trail, the ((IAC))
recreation and conservation funding board may coordinate:
(1) The agency or agencies that will acquire (where appropriate),
develop and/or maintain the trail;
(2) The most appropriate location for the trail;
(3) Modes of travel to be permitted;
(4) And other functions as appropriate.
Sec. 67 RCW 79A.35.070 and 1977 ex.s. c 220 s 21 are each amended
to read as follows:
The following seven categories of trails or areas are hereby
established for purposes of this chapter:
(1) Cross-state trails which connect scenic, historical,
geological, geographical, or other significant features which are
characteristic of the state;
(2) Water-oriented trails which provide a designated path to, on,
or along fresh and/or salt water in which the water is the primary
point of interest;
(3) Scenic-access trails which give access to quality recreation,
scenic, historic or cultural areas of statewide or national
significance;
(4) Urban trails which provide opportunities within an urban
setting for walking, bicycling, horseback riding, or other compatible
activities. Where appropriate, they will connect parks, scenic areas,
historical points, and neighboring communities;
(5) Historical trails which identify and interpret routes which
were significant in the historical settlement and development of the
state;
(6) ORV vehicle trails which are suitable for use by both four-wheel drive vehicles and two-wheel vehicles. Such trails may be
included as a part of the trail systems enumerated in subsections (1),
(2), (3) and (5) of this section or may be separately designated;
(7) Off-road and off-trail areas which are suitable for use by both
four-wheel drive vehicles and two-wheel vehicles. ((IAC)) The board
shall coordinate an inventory and classification of such areas giving
consideration to the type of use such areas will receive from persons
operating four-wheel drive vehicles and two-wheel vehicles.
The planning and designation of trails shall take into account and
give due regard to the interests of federal agencies, state agencies
and bodies, counties, municipalities, private landowners and
individuals, and interested recreation organizations. It is not
required that the above categories be used to designate specific
trails, but the ((IAC)) board will assure that full consideration is
given to including trails from all categories within the system. As it
relates to all classes of trails and to all types of trail users, it is
herein declared as state policy to increase recreational trail access
to and within state and federally owned lands and private lands where
access may be obtained. It is the intent of the legislature that
public recreation facilities be developed as fully as possible to
provide greater recreation opportunities for the citizens of the state.
The purpose of chapter 153, Laws of 1972 ex. sess. is to increase the
availability of trails and areas for off-road vehicles by granting
authority to state and local governments to maintain a system of ORV
trails and areas, and to fund the program to provide for such
development. State lands should be used as fully as possible for all
public recreation which is compatible with the income-producing
requirements of the various trusts.
Sec. 68 RCW 79A.35.090 and 1971 ex.s. c 47 s 3 are each amended
to read as follows:
With the concurrence of any federal or state agency administering
lands through which a state recreation trail may pass, and after
consultation with local governments, private organizations and
landowners which the ((IAC)) board knows or believes to be concerned,
the ((IAC)) board may issue guidelines including, but not limited to:
Encouraging the permissive use of volunteer organizations for planning,
maintenance, or trail construction assistance; trail construction and
maintenance standards, a trail use reporting procedure, and a uniform
trail mapping system.
Sec. 69 RCW 79A.35.100 and 1993 c 258 s 1 are each amended to
read as follows:
The ((IAC)) board is authorized and encouraged to consult and to
cooperate with any state, federal, or local governmental agency or body
including special districts subject to the provisions of chapter 85.38
RCW, with private landowners, and with any privately owned utility
having jurisdiction or control over or information concerning the use,
abandonment, or disposition of roadways, utility rights-of-way, dikes
or levees, or other properties suitable for the purpose of improving or
expanding the system in order to assure, to the extent practicable,
that any such properties having value for state recreation trail
purposes may be made available for such use.
Sec. 70 RCW 79A.35.110 and 1971 ex.s. c 47 s 4 are each amended
to read as follows:
Volunteer organizations may assist public agencies, with the
agency's approval, in the construction and maintenance of recreational
trails in accordance with the guidelines issued by the ((interagency
committee)) board. In carrying out such volunteer activities the
members of the organizations shall not be considered employees or
agents of the public agency administering the trails, and such public
agencies shall not be subject to any liability whatsoever arising out
of volunteer activities. The liability of public agencies to members
of such volunteer organizations shall be limited in the same manner as
provided for in RCW 4.24.210.
Sec. 71 RCW 79A.35.120 and 1984 c 7 s 368 are each amended to
read as follows:
The department of transportation shall consider plans for trails
along and across all new construction projects, improvement projects,
and along or across any existing highways in the state system as deemed
desirable by the ((IAC)) board.
Sec. 72 RCW 79A.60.590 and 2000 c 11 s 113 are each amended to
read as follows:
The amounts allocated in accordance with RCW 82.49.030(3) shall be
expended upon appropriation in accordance with the following
limitations:
(1) Thirty percent of the funds shall be appropriated to the
((interagency committee for outdoor recreation)) recreation and
conservation funding board and be expended for use by state and local
government for public recreational waterway boater access and boater
destination sites. Priority shall be given to critical site
acquisition. The ((interagency committee for outdoor recreation))
recreation and conservation funding board shall administer such funds
as a competitive grants program. The amounts provided for in this
subsection shall be evenly divided between state and local governments.
(2) Thirty percent of the funds shall be expended by the commission
exclusively for sewage pumpout or dump units at publicly and privately
owned marinas as provided for in RCW 79A.60.530 and 79A.60.540.
(3) Twenty-five percent of the funds shall be expended for grants
to state agencies and other public entities to enforce boating safety
and registration laws and to carry out boating safety programs. The
commission shall administer such grant program.
(4) Fifteen percent shall be expended for instructional materials,
programs or grants to the public school system, public entities, or
other nonprofit community organizations to support boating safety and
boater environmental education or boat waste management planning. The
commission shall administer this program.
Sec. 73 RCW 84.34.055 and 2005 c 310 s 1 are each amended to read
as follows:
(1)(a) The county legislative authority may direct the county
planning commission to set open space priorities and adopt, after a
public hearing, an open space plan and public benefit rating system for
the county. The plan shall consist of criteria for determining
eligibility of lands, the process for establishing a public benefit
rating system, and an assessed valuation schedule. The assessed
valuation schedule shall be developed by the county assessor and shall
be a percentage of market value based upon the public benefit rating
system. The open space plan, the public benefit rating system, and the
assessed valuations schedule shall not be effective until approved by
the county legislative authority after at least one public hearing:
PROVIDED, That any county which has complied with the procedural
requisites of chapter 393, Laws of 1985, prior to July 28, 1985, need
not repeat those procedures in order to adopt an open space plan
pursuant to chapter 393, Laws of 1985.
(b) County legislative authorities, in open space plans, public
benefit rating systems, and assessed valuation schedules, shall give
priority consideration to lands used for buffers that are planted with
or primarily contain native vegetation.
(c) "Priority consideration" as used in this section may include,
but is not limited to, establishing classification eligibility and
maintenance criteria for buffers meeting the requirements of (b) of
this subsection.
(d) County legislative authorities shall meet the requirements of
(b) of this subsection no later than July 1, 2006, unless buffers
already receive priority consideration in the existing open space
plans, public benefit rating systems, and assessed valuation schedules.
(2) In adopting an open space plan, recognized sources shall be
used unless the county does its own survey of important open space
priorities or features, or both. Recognized sources include but are
not limited to the natural heritage data base; the state office of
historic preservation; the ((interagency committee for outdoor
recreation)) recreation and conservation office inventory of dry
accretion beach and shoreline features; state, national, county, or
city registers of historic places; the shoreline master program; or
studies by the parks and recreation commission and by the departments
of fish and wildlife and natural resources. Features and sites may be
verified by an outside expert in the field and approved by the
appropriate state or local agency to be sent to the county legislative
authority for final approval as open space.
(3) When the county open space plan is adopted, owners of open
space lands then classified under this chapter shall be notified in the
same manner as is provided in RCW 84.40.045 of their new assessed
value. These lands may be removed from classification, upon request of
owner, without penalty within thirty days of notification of value.
(4) The open space plan and public benefit rating system under this
section may be adopted for taxes payable in 1986 and thereafter.
Sec. 74 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))
recreation and conservation office; the administrative officer of the
conservation commission designated in RCW 89.08.050; 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. 75 Section 62 of this act expires December 31,
2011.
NEW SECTION. Sec. 76 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
July 1, 2007.