BILL REQ. #: H-1394.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/08/11. Referred to Committee on Environment.
AN ACT Relating to providing streamlining improvements in the administration of programs affecting the natural environment; amending RCW 79A.05.020, 79A.05.045, 79A.05.190, 70.93.200, 70.93.220, 70.93.250, 70.95I.080, 70.95J.025, 70.105.210, 70.105.220, 70.105.160, 90.82.080, 90.42.130, 90.80.150, 90.54.160, 90.44.052, 90.90.030, 90.90.040, 90.82.043, 70.107.030, 70.107.060, 70.95.290, 89.08.040, 89.08.050, 43.23.130, 15.85.050, 77.04.120, 77.04.150, 77.12.068, 77.12.184, 77.12.702, 77.12.755, 77.12.820, 77.60.130, 77.85.220, 77.85.230, 77.95.020, 77.95.190, 77.95.200, 77.95.230, 77.95.310, 77.100.050, 43.30.340, 76.06.150, 79.10.010, 79.02.260, 79.17.010, 79.17.020, 79.19.100, 79.125.040, 79.125.710, 79.140.020, 79.105.410, 90.71.010, 90.71.230, 90.71.250, 90.71.260, 90.71.270, 90.71.280, 90.71.290, 90.71.310, 90.71.340, 90.71.360, 43.155.070, 70.105D.070, 70.146.070, 79.105.150, 79A.15.040, and 89.08.520; reenacting and amending RCW 79A.05.030, 77.85.140, and 77.85.130; and repealing RCW 79A.05.195, 79A.05.351, 70.95C.250, 70.95H.005, 70.95H.007, 70.95H.010, 70.95H.030, 70.95H.040, 70.95H.050, 70.95H.900, 70.95H.901, 70.107.080, 70.93.090, 79.125.730, 77.95.140, 77.95.150, 77.95.160, 43.30.345, 43.30.360, 43.30.370, 79.125.610, 43.155.110, 70.105D.120, 70.146.110, 77.85.240, 79.105.610, 79A.15.140, 89.08.580, 90.50A.080, and 90.71.300.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 RCW 79A.05.020 and 1999 c 249 s 301 are each amended to
read as follows:
(1) In addition to whatever other duties may exist in law or be
imposed in the future, it is the duty of the commission to:
(((1))) (a) Implement integrated pest management practices and
regulate pests as required by RCW 17.15.020;
(((2))) (b) Take steps necessary to control spartina and purple
loosestrife as required by RCW 17.26.020;
(((3))) (c) Participate in the implementation of chapter 19.02 RCW;
(((4) Coordinate planning and provide staffing and administrative
assistance to the Lewis and Clark trail committee as required by RCW
27.34.340;)) (d) Administer those portions of chapter 46.10 RCW not
dealing with registration and licensing of snowmobiles as required by
RCW ((
(5)46.10.210)) 46.10.370;
(((6))) (e) Consult and participate in the scenic and recreational
highway system as required by chapter 47.39 RCW; and
(((7))) (f) Develop, prepare, and distribute information relating
to marine oil recycling tanks and sewage holding tank pumping stations,
in cooperation with other departments, as required by chapter 88.02
RCW.
(2) The commission has the power reasonably necessary to carry out
these duties.
Sec. 102 RCW 79A.05.030 and 2005 c 373 s 1 and 2005 c 360 s 5 are
each reenacted and amended to read as follows:
The commission shall:
(1) Have the care, charge, control, and supervision of all parks
and parkways acquired or set aside by the state for park or parkway
purposes.
(2) Adopt policies, and adopt, issue, and enforce rules pertaining
to the use, care, and administration of state parks and parkways. The
commission ((shall cause a copy of the rules to be kept posted in a
conspicuous place in every state park to which they are applicable, but
failure to post or keep any rule posted shall be no defense to any
prosecution for the violation thereof)) must maintain the rules that
are relevant to each park in a manner that is accessible to park
visitors.
(3) Permit the use of state parks and parkways by the public under
((such)) rules ((as shall be)) adopted by the commission.
(4) Clear, drain, grade, seed, and otherwise improve or beautify
parks and parkways, and erect structures, buildings, fireplaces, and
comfort stations and build and maintain paths, trails, and roadways
through or on parks and parkways.
(5) Grant concessions or leases in state parks and parkways, upon
((such)) rentals, fees, or percentage of income or profits and for
((such)) set terms, in no event longer than fifty years, and upon
((such)) set conditions as shall be approved by the commission.
However: ((PROVIDED, That))
(a) Leases exceeding a twenty-year term shall require a unanimous
vote of the commission((: PROVIDED FURTHER, That));
(b) If, during the term of any concession or lease, it is the
opinion of the commission that it would be in the best interest of the
state, the commission may, with the consent of the concessionaire or
lessee, alter and amend the terms and conditions of ((such)) the
concession or lease((: PROVIDED FURTHER, That));
(c) Television station leases shall be subject to the provisions of
RCW 79A.05.085((, only: PROVIDED FURTHER, That)) and the rates of
((such)) television station concessions or leases shall be renegotiated
at five-year intervals((.)); and
(d) No concession shall be granted ((which)) that will prevent the
public from having free access to the scenic attractions of any park or
parkway.
(6) Employ such assistance as it deems necessary. Commission
expenses relating to its use of volunteer assistance shall be limited
to premiums or assessments for the insurance of volunteers by the
department of labor and industries, compensation of staff who assist
volunteers, materials and equipment used in authorized volunteer
projects, training, reimbursement of volunteer travel as provided in
RCW 43.03.050 and 43.03.060, and other reasonable expenses relating to
volunteer recognition. The commission, at its discretion, may waive
commission fees otherwise applicable to volunteers. The commission
shall not use volunteers to replace or supplant classified positions.
The use of volunteers may not lead to the elimination of any employees
or permanent positions in the bargaining unit.
(7) By majority vote of its authorized membership select and
purchase or obtain options upon, lease, or otherwise acquire for and in
the name of the state such tracts of land, including shore and tide
lands, for park and parkway purposes as it deems proper. If the
commission cannot acquire any tract at a price it deems reasonable, it
may, by majority vote of its authorized membership, obtain title
thereto, or any part thereof, by condemnation proceedings conducted by
the attorney general as provided for the condemnation of rights-of-way
for state highways. Option agreements executed under authority of this
subsection shall be valid only if:
(a) The cost of the option agreement does not exceed one dollar;
and
(b) Moneys used for the purchase of the option agreement are from
(i) funds appropriated therefor, or (ii) funds appropriated for
undesignated land acquisitions, or (iii) funds deemed by the commission
to be in excess of the amount necessary for the purposes for which they
were appropriated; and
(c) The maximum amount payable for the property upon exercise of
the option does not exceed the appraised value of the property.
(8) Cooperate with the United States, or any county or city of this
state, in any matter pertaining to the acquisition, development,
redevelopment, renovation, care, control, or supervision of any park or
parkway, and enter into contracts in writing to that end. All parks or
parkways, to which the state contributed or in whose care, control, or
supervision the state participated pursuant to the provisions of this
section, shall be governed by the provisions hereof.
(9) Within allowable resources, maintain policies that increase the
number of people who have access to free or low-cost recreational
opportunities for physical activity, including noncompetitive physical
activity.
(10) Adopt rules establishing the requirements for a criminal
history record information search for the following: Job applicants,
volunteers, and independent contractors who have unsupervised access to
children or vulnerable adults, or who will be responsible for
collecting or disbursing cash or processing credit/debit card
transactions. These background checks will be done through the
Washington state patrol criminal identification section and may include
a national check from the federal bureau of investigation, which shall
be through the submission of fingerprints. A permanent employee of the
commission, employed as of July 24, 2005, is exempt from the provisions
of this subsection.
Sec. 103 RCW 79A.05.045 and 1999 c 249 s 304 are each amended to
read as follows:
(1) The commission shall, when the commission determines there is
funding for such a purpose, provide waste reduction and recycling
information and opportunities in each state park campground and day-use
area.
(2) ((The commission shall provide recycling receptacles in the
day-use and campground areas of at least forty state parks. The
receptacles shall be clearly marked for the disposal of at least two of
the following recyclable materials: Aluminum, glass, newspaper,
plastic, and tin. The commission shall endeavor to provide recycling
receptacles in parks that are near urban centers or in heavily used
parks.)) The commission is authorized to enter into agreements with
any person, company, or nonprofit organization to provide for the
collection and transport of recyclable materials and related activities
under this section.
(3) The commission shall provide daily maintenance of such
receptacles from April through September of each year.
(4)
Sec. 104 RCW 79A.05.190 and 1997 c 150 s 2 are each amended to
read as follows:
(((1) By September 1, 1997,)) The commission ((shall increase)) may
not decrease the area available for use by recreational metal detectors
((by at least two hundred acres.)) to fewer acres than were available for this use on the
effective date of this section.
(2) Beginning September 1, 1998, and each year thereafter until
August 31, 2003, the commission shall increase the area of land
available for use by recreational metal detectors by at least fifty
acres
NEW SECTION. Sec. 105 The following acts or parts of acts are
each repealed:
(1) RCW 79A.05.195 (Identification of historic archaeological
resources in state parks--Plan--Availability of land for use by
recreational metal detectors) and 1999 c 249 s 905 & 1997 c 150 s 3;
and
(2) RCW 79A.05.351 (Outdoor education and recreation grant
program -- Creation -- Establish and implement program by rule -- Advisory
committee -- Account) and 2007 c 176 s 2.
Sec. 201 RCW 70.93.200 and 1998 c 257 s 8 are each amended to
read as follows:
In addition to the ((foregoing)) other provisions of this chapter,
the department ((of ecology shall)) may, when the director determines
that funding is available:
(1) Serve as the coordinating agency between the various industry
organizations seeking to aid in the waste reduction, anti-litter, and
recycling efforts;
(2) Serve as the coordinating and administrating agency for all
state agencies and local governments receiving funds for waste
reduction, litter control, and recycling under this chapter;
(3) Recommend to the governing bodies of all local governments that
they adopt ordinances similar to the provisions of this chapter;
(4) Cooperate with all local governments to accomplish coordination
of local waste reduction, anti-litter, and recycling efforts;
(5) Encourage, organize, and coordinate all voluntary local waste
reduction, anti-litter, and recycling campaigns seeking to focus the
attention of the public on the programs of this state to reduce waste,
control and remove litter, and foster recycling;
(6) Investigate the availability of, and apply for funds available
from any private or public source to be used in the program outlined in
this chapter;
(7) Develop statewide programs by working with local governments,
payers of the waste reduction, recycling, and litter control tax, and
industry organizations that are active in waste reduction, anti-litter,
and recycling efforts to increase public awareness of and participation
in recycling and to stimulate and encourage local private recycling
centers, public participation in recycling and research and development
in the field of litter control, and recycling, removal, and disposal of
litter-related recycling materials;
(8) Conduct a ((biennial)) periodic statewide litter survey
targeted at litter composition, sources, demographics, and geographic
trends; and
(9) Provide ((a biennial)), when requested by the governor or the
legislature, a periodic summary of all waste reduction, litter control,
and recycling efforts statewide including those of the department ((of
ecology)), and other state agencies and local governments funded for
such programs under this chapter. ((This report is due to the
legislature in March of even-numbered years.))
Sec. 202 RCW 70.93.220 and 1998 c 257 s 6 are each amended to
read as follows:
(1) The department ((of ecology)) is the coordinating and
administrative agency working with the departments of natural
resources, revenue, transportation, and corrections, and the parks and
recreation commission in developing a biennial budget request for funds
for the various agencies' litter collection programs.
(2) Funds may be used to meet the needs of efficient and effective
litter collection and illegal dumping programs identified by the
various agencies. The department shall develop criteria for evaluating
the effectiveness and efficiency of the waste reduction, litter
control, and recycling programs being administered by the various
agencies listed in RCW 70.93.180, and shall distribute funds according
to the effectiveness and efficiency of those programs. In addition,
the department shall approve funding requests for efficient and
effective waste reduction, litter control, and recycling programs,
provide funds, and monitor the results of all agency programs.
(3) All agencies are responsible for reporting information on their
litter collection programs((,)) as requested by the department ((of
ecology. Beginning in the year 2000, this information shall be
provided to the department by March of even-numbered years. In 1998,
this information shall be provided by July 1st.)).
(4) By December 1998, and in every even-numbered year thereafter,
the department shall provide a report to the legislature summarizing
biennial waste reduction, litter control, and recycling activities by
state agencies and submitting the coordinated litter budget request of
all agencies
Sec. 203 RCW 70.93.250 and 2002 c 175 s 46 are each amended to
read as follows:
(1) The department shall provide funding to local units of
government to establish, conduct, and evaluate community restitution
and other programs for waste reduction, litter and illegal dump
cleanup, and recycling. Programs eligible for funding under this
section shall include, but not be limited to, programs established
pursuant to RCW 72.09.260.
(2) Funds may be offered for costs associated with community waste
reduction, litter cleanup and prevention, and recycling activities.
The funding program must be flexible, allowing local governments to use
funds broadly to meet their needs to reduce waste, control litter and
illegal dumping, and promote recycling. Local governments are required
to contribute resources or in-kind services. The department shall
evaluate funding requests from local government according to the same
criteria as those developed in RCW 70.93.220, provide funds according
to the effectiveness and efficiency of local government litter control
programs, and monitor the results of all local government programs
under this section.
(3) Local governments shall report information as requested by the
department in funding agreements entered into by the department and a
local government. ((The department shall report to the appropriate
standing committees of the legislature by December of even-numbered
years on the effectiveness of local government waste reduction, litter,
and recycling programs funded under this section.))
Sec. 204 RCW 70.95I.080 and 1986 c 37 s 1 are each amended to
read as follows:
((By January 1, 1987, the state fire protection board, in
cooperation with)) The department ((of ecology,)) shall ((develop))
maintain, as necessary, a statewide standard for the placement of
above-ground tanks to collect used oil from private individuals for
recycling purposes.
Sec. 205 RCW 70.95J.025 and 1997 c 398 s 1 are each amended to
read as follows:
(1) The department shall establish annual fees to collect expenses
for issuing and administering biosolids permits under this chapter. An
initial fee schedule shall be established by rule and shall be adjusted
no more often than once every two years. This fee schedule applies to
all permits, regardless of date of issuance, and fees shall be assessed
prospectively. Fees shall be established in amounts to recover
expenses incurred by the department in processing permit applications
and modifications, reviewing related plans and documents, monitoring,
evaluating, conducting inspections, overseeing performance of delegated
program elements, providing technical assistance and supporting
overhead expenses that are directly related to these activities.
(2) The annual fee paid by a permittee for any permit issued under
this chapter shall be determined by the number of residences or
residential equivalents contributing to the permittee's biosolids
management system. If residences or residential equivalents cannot be
determined or reasonably estimated, fees shall be based on other
appropriate criteria.
(3) The biosolids permit account is created in the state treasury.
All receipts from fees under this section must be deposited into the
account. Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for the purposes of
administering permits under this chapter.
(4) ((The department shall present a biennial progress report on
the use of moneys from the biosolids permit account to the legislature.
The first report is due on or before December 31, 1998, and thereafter
on or before December 31st of odd-numbered years. The report shall
consist of information on fees collected, actual expenses incurred, and
anticipated expenses for the current and following fiscal years.)) The department shall work with the regulated community and
local health departments to study the feasibility of modifying the fee
schedule to support delegated local health departments and reduce local
health department fees paid by biosolids permittees.
(5)
Sec. 206 RCW 70.105.210 and 1989 1st ex.s. c 13 s 2 are each
amended to read as follows:
((By May 31, 1990,)) The department shall ((develop and adopt))
maintain criteria for the siting of hazardous waste management
facilities. These criteria will be part of the state hazardous waste
management plan as described in RCW 70.105.200. To the extent
practical, these criteria shall be designed to minimize the short-term
and long-term risks and costs that may result from hazardous waste
management facilities. These criteria may vary by type of facilities
and may consider natural site characteristics and engineered
protection. Criteria may be established for:
(1) Geology;
(2) Surface and groundwater hydrology;
(3) Soils;
(4) Flooding;
(5) Climatic factors;
(6) Unique or endangered flora and fauna;
(7) Transportation routes;
(8) Site access;
(9) Buffer zones;
(10) Availability of utilities and public services;
(11) Compatibility with existing uses of land;
(12) Shorelines and wetlands;
(13) Sole-source aquifers;
(14) Natural hazards; and
(15) Other factors as determined by the department.
Sec. 207 RCW 70.105.220 and 1992 c 17 s 1 are each amended to
read as follows:
(1) Each local government, or combination of contiguous local
governments, is directed to prepare a local hazardous waste plan which
shall be based on state guidelines and include ((the following
elements:)) a plan or program to manage moderate-risk wastes that are
generated or otherwise present within the jurisdiction. This element
shall include an assessment of the quantities, types, generators, and
fate of moderate-risk wastes in the jurisdiction. The purpose of this
element is to develop a system of managing moderate-risk waste,
appropriate to each local area, and to ensure protection of the
environment and public health((
(a);)).
(b) A plan or program to provide for ongoing public involvement and
public education in regard to the management of moderate-risk waste.
This element shall provide information regarding:
(i) The potential hazards to human health and the environment
resulting from improper use and disposal of the waste; and
(ii) Proper methods of handling, reducing, recycling, and disposing
of the waste;
(c) An inventory of all existing generators of hazardous waste and
facilities managing hazardous waste within the jurisdiction. This
inventory shall be based on data provided by the department;
(d) A description of the public involvement process used in
developing the plan;
(e) A description of the eligible zones designated in accordance
with RCW 70.105.225. However, the requirement to designate eligible
zones shall not be considered part of the local hazardous waste
planning requirements; and
(f) Other elements as deemed appropriate by local government
(2) To the maximum extent practicable, the local hazardous waste
plan shall be coordinated with other hazardous materials-related plans
and policies in the jurisdiction.
(3) Local governments shall coordinate with those persons involved
in providing privately owned hazardous and moderate-risk waste
facilities and services as follows: If a local government determines
that a moderate-risk waste will be or is adequately managed by one or
more privately owned facilities or services at a reasonable price, the
local government shall take actions to encourage the use of that
private facility or service. Actions taken by a local government under
this subsection may include, but are not limited to, restricting or
prohibiting the land disposal of a moderate-risk waste at any transfer
station or land disposal facility within its jurisdiction.
(4)(a) The department shall ((prepare)) maintain guidelines for the
development of local hazardous waste plans. ((The guidelines shall be
prepared in consultation with local governments and shall be completed
by December 31, 1986.)) The guidelines shall include a list of
substances identified as hazardous household substances.
(b) ((In preparing the guidelines under (a) of this subsection, the
department shall review and assess information on pilot projects that
have been conducted for moderate-risk waste management.)) The
department shall encourage ((additional)) pilot projects for moderate
risk water management as needed to provide information to improve and
update the guidelines.
(5) The department shall consult with retailers, trade
associations, public interest groups, and appropriate units of local
government to encourage the development of voluntary public education
programs on the proper handling of hazardous household substances.
(6) ((Local hazardous waste plans shall be completed and submitted
to the department no later than June 30, 1990.)) Local governments may
((from time to time)) amend the local ((plan)) hazardous waste plans as
necessary.
(7) Each local government, or combination of contiguous local
governments, shall submit ((its)) local hazardous waste plan ((or))
amendments ((thereto)) to the department. The department shall approve
or disapprove a local hazardous waste ((plans or amendments by December
31, 1990, or)) plan within ninety days of submission((, whichever is
later)). The department shall approve a local hazardous waste plan
amendment if it determines that the plan is consistent with this
chapter and the guidelines under subsection (4) of this section. If
approval is denied, the department shall submit its objections to the
local government within ninety days of submission. ((However, for
plans submitted between January 1, 1990, and June 30, 1990, the
department shall have one hundred eighty days to submit its
objections.)) No local government is eligible for grants under RCW
70.105.235 for implementing a local hazardous waste plan unless the
plan for that jurisdiction has been approved by the department.
(8) ((Each local government, or combination of contiguous local
governments, shall implement the local hazardous waste plan for its
jurisdiction by December 31, 1991.)) The department may waive the specific requirements of this
section for any local government if such local government demonstrates
to the satisfaction of the department that the objectives of the
planning requirements have been met.
(9)
Sec. 208 RCW 70.105.160 and 2010 1st sp.s. c 7 s 89 are each
amended to read as follows:
(1) The department shall conduct a study to determine the best
management practices for categories of waste for the priority waste
management methods established in RCW 70.105.150, with due
consideration in the course of the study to sound environmental
management and available technology. As an element of the study, the
department shall review methods that will help achieve the priority of
RCW 70.105.150(1)(a), waste reduction. Before issuing any proposed
rules, the department shall conduct public hearings regarding the best
management practices for the various waste categories studied by the
department. After conducting the study, the department shall prepare
new rules or modify existing rules as appropriate to promote
implementation of the priorities established in RCW 70.105.150 for
management practices which assure use of sound environmental management
techniques and available technology. ((The preliminary study shall be
completed by July 1, 1986, and the rules shall be adopted by July 1,
1987.))
(2) The studies shall be updated ((at least once every five years))
as deemed necessary by the department. The funding for these
((studies)) study updates shall be from the hazardous waste control and
elimination account, subject to legislative appropriation.
Sec. 209 RCW 90.82.080 and 2003 1st sp.s. c 4 s 4 are each
amended to read as follows:
(1)(a) If the initiating governments choose, by majority vote, to
include an instream flow component, it shall be accomplished in the
following manner:
(i) If minimum instream flows have already been adopted by rule for
a stream within the management area, unless the members of the local
governments and tribes on the planning unit by a recorded unanimous
vote request the department to modify those flows, the minimum instream
flows shall not be modified under this chapter. If the members of
local governments and tribes request the planning unit to modify
instream flows and unanimous approval of the decision to modify such
flow is not achieved, then the instream flows shall not be modified
under this section;
(ii) If minimum stream flows have not been adopted by rule for a
stream within the management area, setting the minimum instream flows
shall be a collaborative effort between the department and members of
the planning unit. The department must attempt to achieve consensus
and approval among the members of the planning unit regarding the
minimum flows to be adopted by the department. Approval is achieved if
all government members and tribes that have been invited and accepted
on the planning unit present for a recorded vote unanimously vote to
support the proposed minimum instream flows, and all nongovernmental
members of the planning unit present for the recorded vote, by a
majority, vote to support the proposed minimum instream flows.
(b) The department shall undertake rule making to adopt flows under
(a) of this subsection. The department may adopt the rules either by
the regular rules adoption process provided in chapter 34.05 RCW, the
expedited rules adoption process as set forth in RCW 34.05.353, or
through a rules adoption process that uses public hearings and notice
provided by the county legislative authority to the greatest extent
possible. Such rules do not constitute significant legislative rules
as defined in RCW 34.05.328, and do not require the preparation of
small business economic impact statements.
(c) If approval is not achieved within four years of the date the
planning unit first receives funds from the department for conducting
watershed assessments under RCW 90.82.040, the department may promptly
initiate rule making under chapter 34.05 RCW to establish flows for
those streams and shall have two additional years to establish the
instream flows for those streams for which approval is not achieved.
(2)(a) Notwithstanding RCW 90.03.345, minimum instream flows set
under this section for rivers or streams that do not have existing
minimum instream flow levels set by rule of the department shall have
a priority date of two years after funding is first received from the
department under RCW 90.82.040, unless determined otherwise by a
unanimous vote of the members of the planning unit but in no instance
may it be later than the effective date of the rule adopting such flow.
(b) Any increase to an existing minimum instream flow set by rule
of the department shall have a priority date of two years after funding
is first received for planning in the WRIA or multi-WRIA area from the
department under RCW 90.82.040 and the priority date of the portion of
the minimum instream flow previously established by rule shall retain
its priority date as established under RCW 90.03.345.
(c) Any existing minimum instream flow set by rule of the
department that is reduced shall retain its original date of priority
as established by RCW 90.03.345 for the revised amount of the minimum
instream flow level.
(3) Before setting minimum instream flows under this section, the
department shall engage in government-to-government consultation with
affected tribes in the management area regarding the setting of such
flows.
(4) Nothing in this chapter either: (a) Affects the department's
authority to establish flow requirements or other conditions under RCW
90.48.260 or the federal clean water act (33 U.S.C. Sec. 1251 et seq.)
for the licensing or relicensing of a hydroelectric power project under
the federal power act (16 U.S.C. Sec. 791 et seq.); or (b) affects or
impairs existing instream flow requirements and other conditions in a
current license for a hydroelectric power project licensed under the
federal power act.
(5) If the planning unit is unable to obtain unanimity under
subsection (1) of this section, the department may adopt rules setting
such flows.
(6) The department shall report ((annually)) when requested to the
appropriate legislative standing committees on the progress of instream
flows being set under this chapter, as well as progress toward setting
instream flows in those watersheds not being planned under this
chapter. ((The report shall be made by December 1, 2003, and by
December 1st of each subsequent year.))
Sec. 210 RCW 90.42.130 and 2003 c 144 s 5 are each amended to
read as follows:
(((1))) When deemed beneficial, the department shall seek input
from agricultural organizations, federal agencies, tribal governments,
local governments, watershed groups, conservation groups, and
developers on water banking, including water banking procedures and
identification of areas in Washington ((state)) where water banking
could assist in providing water supplies for instream and out-of-stream
uses. ((The department shall summarize any comments received on water
banking and submit a report, including any recommendations, to the
appropriate committees of the legislature for their consideration in
the subsequent legislative session.))
(2) By December 31st of every even-numbered year, the department
shall submit a report to the appropriate committees of the legislature
on water banking activities authorized under RCW 90.42.100. The report
shall:
(a) Evaluate the effectiveness of water banking in meeting the
policies and objectives of this chapter;
(b) Describe any statutory, regulatory, or other impediments to
water banking in other areas of the state; and
(c) Identify other basins or regions that may benefit from
authorization for the department to use the trust water [rights]
program for water banking purposes.
Sec. 211 RCW 90.80.150 and 2001 c 237 s 21 are each amended to
read as follows:
When so requested, the department shall report ((biennially by
December 31st of each even-numbered year)) to the appropriate
committees of the legislature ((on)), consistent with RCW 43.01.036,
regarding the boards formed or sought to be formed under the authority
of this chapter, the transfer applications reviewed and other
activities conducted by the boards, and the funding of such boards.
Conservancy boards must provide information regarding their activities
to the department to assist the department in preparing the report.
Sec. 212 RCW 90.54.160 and 1984 c 83 s 1 are each amended to read
as follows:
When so requested, the department of ecology shall report to the
legislature ((on the last working day of December of 1984, 1985, and
1986, and thereafter as deemed appropriate by the department, on)),
consistent with RCW 43.01.036, regarding dam facilities that exhibit
safety deficiencies sufficient to pose a significant threat to the
safety of life and property. The report shall identify the owner or
owners of such facilities, detail the owner's ability and attitude
towards correcting such deficiencies, and provide an estimate of the
cost of correcting the deficiencies if a study has been completed.
Sec. 213 RCW 90.44.052 and 2003 c 307 s 2 are each amended to
read as follows:
(1) On a pilot project basis, the use of water for domestic use in
clustered residential developments is exempt as described in subsection
(2) of this section from the permit requirements of RCW 90.44.050 in
Whitman county. The department must review the use of water under this
section and its impact on water resources in the county and when
requested to do so report to the legislature ((by December 31st of each
even-numbered year through 2016 regarding its review)), consistent with
RCW 43.01.036.
(2) For the pilot project, the domestic use of water for a
clustered residential development is exempt from the permit
requirements of RCW 90.44.050 for an amount of water that is not more
than one thousand two hundred gallons a day per residence for a
residential development that has an overall density equal to or less
than one residence per ten acres and a minimum of six homes.
(3) No new right to use water may be established for a clustered
development under this section where the first residential use of water
for the development begins after December 31, 2015.
Sec. 214 RCW 90.90.030 and 2006 c 6 s 4 are each amended to read
as follows:
(1) The department of ecology may enter into voluntary regional
agreements for the purpose of providing new water for out-of-stream
use, streamlining the application process, and protecting instream
flow.
(2) Such agreements shall ensure that:
(a) For water rights issued from the Columbia river mainstem, there
is no negative impact on Columbia river mainstem instream flows in the
months of July and August as a result of the new appropriations issued
under the agreement;
(b) For water rights issued from the lower Snake river mainstem,
there is no negative impact on Snake river mainstem instream flows from
April through August as a result of the new appropriations issued under
the agreement; and
(c) Efforts are made to harmonize such agreements with watershed
plans adopted under the authority of chapter 90.82 RCW that are
applicable to the area covered by the agreement.
(3) The protection of instream flow as set forth in subsection (2)
of this section is adequate for purposes of mitigating instream flow
impacts resulting from any appropriations for out-of-stream use made
under a voluntary regional agreement, and the only applicable
consultation provisions under state law regarding instream flow impacts
shall be those set forth in subsection (4) of this section.
(4) Before executing a voluntary agreement under this section, the
department of ecology shall:
(a) Provide a sixty-day period for consultation with county
legislative authorities and watershed planning groups with jurisdiction
over the area where the water rights included in the agreement are
located, the department of fish and wildlife, and affected tribal
governments, and federal agencies. The department of fish and wildlife
shall provide written comments within that time period. The
consultation process for voluntary regional agreements developed under
the provisions of this section is deemed adequate for the issuance of
new water rights provided for in this section and satisfies all
consultation requirements under state law related to the issuance of
new water rights; and
(b) Provide a thirty-day public review and comment period for a
draft agreement, and publish a summary of any public comments received.
The thirty-day review period shall not begin until after the department
of ecology has concluded its consultation under (a) of this subsection
and the comments that have been received by the department are made
available to the public.
(5) The provisions of subsection (4) of this section satisfy all
applicable consultation requirements under state law.
(6) The provisions of this section and any voluntary regional
agreements developed under such provisions may not be relied upon by
the department of ecology as a precedent, standard, or model that must
be followed in any other voluntary regional agreements.
(7) Nothing in this section may be interpreted or administered in
a manner that precludes the processing of water right applications
under chapter 90.03 or 90.44 RCW that are not included in a voluntary
regional agreement.
(8) Nothing in this section may be interpreted or administered in
a manner that impairs or diminishes a valid water right or a habitat
conservation plan approved for purposes of compliance with the federal
endangered species act.
(9) The department of ecology shall monitor and evaluate the water
allocated to instream and out-of-stream uses under this section,
evaluate the program, and provide ((an interim report to the
appropriate committees of the legislature by June 30, 2008.)) a final
report ((shall be provided to the appropriate committees of)) to the
legislature consistent with RCW 43.01.036 by June 30, 2011.
(10) If the department of ecology executes a voluntary agreement
under this section that includes water rights appropriated from the
lower Snake river mainstem, the department shall develop aggregate data
in accordance with the provisions of RCW 90.90.050 for the lower Snake
river mainstem.
(11) Any agreement entered into under this section shall remain in
full force and effect through the term of the agreement regardless of
the expiration of this section.
(12) The definitions in this subsection apply to this section and
RCW 90.90.050, and may only be used for purposes of implementing these
sections.
(a) "Columbia river mainstem" means all water in the Columbia river
within the ordinary high water mark of the main channel of the Columbia
river between the border of the United States and Canada and the
Bonneville dam, and all groundwater within one mile of the high water
mark.
(b) "Lower Snake river mainstem" means all water in the lower Snake
river within the ordinary high water mark of the main channel of the
lower Snake river from the head of Ice Harbor pool to the confluence of
the Snake and Columbia rivers, and all groundwater within one mile of
the high water mark.
(13) This section expires June 30, 2012.
Sec. 215 RCW 90.90.040 and 2006 c 6 s 5 are each amended to read
as follows:
(1) To support the development of new water supplies in the
Columbia river and to protect instream flow, the department of ecology
shall work with all interested parties, including interested county
legislative authorities and watershed planning groups, adjacent to the
Columbia river, and affected tribal governments, to develop a Columbia
river water supply inventory and a long-term water supply and demand
forecast. The inventory must include:
(a) A list of conservation projects that have been implemented
under this chapter and the amount of water conservation they have
achieved; and
(b) A list of potential water supply and storage projects in the
Columbia river basin, including estimates of:
(i) Cost per acre-foot;
(ii) Benefit to fish and other instream needs;
(iii) Benefit to out-of-stream needs; and
(iv) Environmental and cultural impacts.
(2) The department of ecology shall ((complete the first Columbia
river water supply inventory by November 15, 2006, and shall)) update
the inventory ((annually thereafter)) as necessary.
(3) The department of ecology shall ((complete the first Columbia
river long-term water supply and demand forecast by November 15, 2006,
and shall)) update the ((report every five years thereafter)) Columbia
river long-term water supply and demand forecast as necessary.
Sec. 216 RCW 90.82.043 and 2007 c 445 s 6 are each amended to
read as follows:
(1) Within one year of accepting funding under RCW 90.82.040(2)(e),
the planning unit must complete a detailed implementation plan.
Submittal of a detailed implementation plan to the department is a
condition of receiving grants for the second and all subsequent years
of the phase four grant.
(2) Each implementation plan must contain strategies to provide
sufficient water for: (a) Production agriculture; (b) commercial,
industrial, and residential use; and (c) instream flows. Each
implementation plan must contain timelines to achieve these strategies
and interim milestones to measure progress.
(3) The implementation plan must clearly define coordination and
oversight responsibilities; any needed interlocal agreements, rules, or
ordinances; any needed state or local administrative approvals and
permits that must be secured; and specific funding mechanisms.
(4) In developing the implementation plan, the planning unit must
consult with other entities planning in the watershed management area
and identify and seek to eliminate any activities or policies that are
duplicative or inconsistent.
(5)(a) ((By December 1, 2003, and by December 1st of each
subsequent year)) When so requested, the director of the department
shall report to the ((appropriate legislative standing committees))
legislature, consistent with RCW 43.01.036, regarding statutory changes
necessary to enable state agency approval or permit decision making
needed to implement a plan approved under this chapter.
(b) ((Beginning with the December 1, 2007, report, and then every
two years thereafter,)) The director shall include in each report, when
appropriate, the extent to which reclaimed water has been identified in
the watershed plans as potential sources or strategies to meet future
water needs, and provisions in any watershed implementation plans that
discuss barriers to implementation of the water reuse elements of those
plans. The department's report shall include an estimate of the
potential cost of reclaimed water facilities and identification of
potential sources of funding for them.
Sec. 217 RCW 70.107.030 and 1974 ex.s. c 183 s 3 are each amended
to read as follows:
The department is empowered as follows:
(1) The department((, after consultation with state agencies
expressing an interest therein,)) shall ((adopt, by rule,)) maintain
rules relating to maximum noise levels permissible in identified
environments in order to protect against adverse affects of noise on
the health, safety, and welfare of the people, the value of property,
and the quality of environment((: PROVIDED, That in so doing)). The
department shall take ((also)) into account the economic and practical
benefits to be derived from the use of various products in each such
environment, whether the source of the noise or the use of such
products in each environment is permanent or temporary in nature, and
the state of technology relative to the control of noise generated by
all such sources of the noise or the products.
(2) ((At any time after the adoption of maximum noise levels under
subsection (1) of this section)) The department ((shall)) may, in
consultation with state agencies and local governments expressing an
interest ((therein)), adopt rules, consistent with the Federal Noise
Control Act of 1972 (86 Stat. 1234; 42 U.S.C. Sec. 4901-4918 and 49
U.S.C. Sec. 1431), for noise abatement and control in the state
designed to achieve compliance with the noise level adopted in
subsection (1) of this section, including reasonable implementation
schedules where appropriate, to ((insure)) ensure that the maximum
noise levels are not exceeded and that application of the best
practicable noise control technology and practice is provided. These
rules may include, but shall not be limited to:
(a) Performance standards setting allowable noise limits for the
operation of products which produce noise;
(b) Use standards regulating, as to time and place, the operation
of individual products which produce noise above specified levels
considering frequency spectrum and duration((: PROVIDED,)). However,
the rules shall provide for temporarily exceeding those standards for
stated purposes; and
(c) Public information requirements dealing with disclosure of
levels and characteristics of noise produced by products.
(3) The department may, as desirable in the performance of its
duties under this chapter, conduct surveys, studies, and public
education programs, and enter into contracts.
(4) The department is authorized to apply for and accept moneys
from the federal government and other sources to assist in the
implementation of this chapter.
(5) The legislature recognizes that the operation of motor vehicles
on public highways as defined in RCW ((46.09.020)) 46.09.310
contributes significantly to environmental noise levels and directs the
department, in exercising the rule-making authority under the
provisions of this section, to give first priority to the adoption of
motor vehicle noise performance standards.
(((6) Noise levels and rules adopted by the department pursuant to
this chapter shall not be effective prior to March 31, 1975.))
Sec. 218 RCW 70.107.060 and 1987 c 103 s 1 are each amended to
read as follows:
(1) Nothing in this chapter shall be construed to deny, abridge, or
alter alternative rights of action or remedies in equity or under
common law or statutory law, criminal or civil.
(2) Nothing in this chapter shall deny, abridge, or alter any
powers, duties, and functions relating to noise abatement and control
((now or hereafter)) vested in any state agency, nor shall this chapter
be construed as granting jurisdiction over the industrial safety and
health of employees in work places of the state((, as now or
hereafter)) vested in the department of labor and industries.
(3) Standards and other control measures adopted by the department
under this chapter shall be exclusive ((except as hereinafter
provided)). However, a local government may impose limits or control
sources differing from those adopted or controlled by the department
upon a finding that such requirements are necessitated by special
conditions. ((Noise limiting requirements of local government which
differ from those adopted or controlled by the department shall be
invalid unless first approved by the department. If the department of
ecology fails to approve or disapprove standards submitted by local
governmental jurisdictions within ninety days of submittal, such
standards shall be deemed approved. If disapproved, the local
government may appeal the decision to the pollution control hearings
board which shall decide the appeal on the basis of the provisions of
this chapter, and the applicable regulations, together with such
briefs, testimony, and oral argument as the hearings board in its
discretion may require. The department determination of whether to
grant approval shall depend on the reasonableness and practicability of
compliance. Particular attention shall be given to stationary sources
located near jurisdictional boundaries, and temporary noise producing
operations which may operate across one or more jurisdictional
boundaries.))
(4) In carrying out the rule-making authority provided in this
chapter, the department shall follow the procedures of the
administrative procedure act, chapter 34.05 RCW, and shall take care
that no rules adopted purport to exercise any powers preempted by the
United States under federal law.
Sec. 219 RCW 70.95.290 and 1988 c 184 s 3 are each amended to
read as follows:
(1) The evaluation of the solid waste stream required in RCW
70.95.280 shall include the following elements:
(a) The department shall determine which management method for each
category of solid waste will have the least environmental impact; and
(b) The department shall evaluate the costs of various management
options for each category of solid waste, including a review of market
availability, and shall take into consideration the economic impact on
affected parties;
(c) Based on the results of (a) and (b) of this subsection, the
department shall determine the best management for each category of
solid waste. Different management methods for the same categories of
waste may be developed for different parts of the state.
(2) The department shall give priority to evaluating categories of
solid waste that, in relation to other categories of solid waste,
comprise a large volume of the solid waste stream or present a high
potential of harm to human health. ((At a minimum the following
categories of waste shall be evaluated:))
(a) By January 1, 1989, yard waste and other biodegradable
materials, paper products, disposable diapers, and batteries; and
(b) By January 1, 1990, metals, glass, plastics, styrofoam or rigid
lightweight cellular polystyrene, and tires.
NEW SECTION. Sec. 220 The following acts or parts of acts are
each repealed:
(1) RCW 70.95C.250 (Multimedia permit pilot program -- Air, water,
hazardous waste management) and 1998 c 245 s 134 & 1994 c 248 s 1;
(2) RCW 70.95H.005 (Finding) and 1991 c 319 s 201;
(3) RCW 70.95H.007 (Center created) and 1995 c 399 s 192 & 1991 c
319 s 202;
(4) RCW 70.95H.010 (Purpose -- Market development defined) and 1991
c 319 s 203;
(5) RCW 70.95H.030 (Duties and responsibilities) and 1992 c 131 s
2 & 1991 c 319 s 205;
(6) RCW 70.95H.040 (Authority) and 1991 c 319 s 206;
(7) RCW 70.95H.050 (Funding) and 1995 c 399 s 194 & 1991 c 319 s
207;
(8) RCW 70.95H.900 (Termination) and 1991 c 319 s 209;
(9) RCW 70.95H.901 (Captions not law) and 1991 c 319 s 211;
(10) RCW 70.107.080 (Exemptions) and 1974 ex.s. c 183 s 8;
(11) RCW 70.93.090 (Litter receptacles -- Use of anti-litter symbol--Distribution -- Placement -- Violations -- Penalties) and 1998 c 257 s 4,
1979 c 94 s 5, & 1971 ex.s. c 307 s 9; and
(12) RCW 79.125.730 (Director of ecology to assist city parks) and
2005 c 155 s 519, 1988 c 127 s 34, & 1939 c 157 s 3.
Sec. 301 RCW 89.08.040 and 2009 c 55 s 1 are each amended to read
as follows:
(1) Members shall be compensated in accordance with RCW 43.03.250
and shall be entitled to travel expenses in accordance with RCW
43.03.050 and 43.03.060 incurred in the discharge of their duties.
(2) The commission shall keep a record of its official actions,
shall adopt a seal, which shall be judicially noticed, and may perform
such acts, hold such public hearings, and adopt such rules as may be
necessary for the execution of its functions under chapter 184, Laws of
1973 1st ex. sess. The state department of ecology is empowered, but
not required, to pay the travel expenses of the elected and appointed
members of the state conservation commission, and the salaries, wages,
and other expenses of such administrative officers or other employees
as may be required under the provisions of this chapter.
Sec. 302 RCW 89.08.050 and 2009 c 55 s 2 are each amended to read
as follows:
(1) The commission may employ an administrative officer, and such
technical experts and such other agents and employees, permanent and
temporary as it may require, and shall determine their qualifications,
duties, and compensation. The commission may call upon the attorney
general for such legal services as it may require.
((It)) (2) The commission shall have authority to delegate to
((its)) the chair, to one or more of its members, to one or more agents
or employees ((such)) those duties and powers ((as it deems)) deemed
proper by the commission. As long as the commission and the office of
financial management under the provisions of chapter 43.82 RCW deems it
appropriate and financially justifiable to do so, the commission shall
be supplied with suitable office accommodations at the central office
of the department of ecology, and shall be furnished the necessary
supplies and equipment.
(3) The commission shall ((organize annually and)) select a chair
from among its members, who shall serve for ((one year from the date of
the chair's selection)) a length of time to be determined by the
commission. A majority of the commission shall constitute a quorum and
all actions of the commission shall be by a majority vote of the
members present and voting at a meeting at which a quorum is present.
Sec. 401 RCW 43.23.130 and 2009 c 549 s 5107 are each amended to
read as follows:
The director of the department of agriculture shall make ((an
annual)) reports to the governor, as requested, containing an account
of all matters pertaining to ((his or her)) the department and its
administration.
Sec. 402 RCW 15.85.050 and 1989 c 11 s 2 are each amended to read
as follows:
When the director determines there is funding to do so, the
department shall exercise its authorities, including those provided by
chapters 15.64, 15.65, 15.66, and 43.23 RCW, to develop a program for
assisting the state's aquaculture industry to market and promote the
use of its products.
Sec. 501 RCW 77.04.120 and 2000 c 107 s 3 are each amended to
read as follows:
(1) The director shall investigate the habits, supply, and economic
use of food fish and shellfish in state and offshore waters.
(2) When requested, the director shall ((make an annual)) report to
the governor on the operation of the department and ((the)) statistics
((of)) relating to the fishing industry.
(3) Subject to RCW 40.07.040 and consistent with RCW 43.01.036, the
director shall, when so requested, provide a ((comprehensive biennial))
report of all departmental operations to the ((chairs of the committees
on natural resources of the senate and house of representatives, the
senate ways and means committee, and the house of representatives
appropriations committee, including one copy to the staff of each of
the committees, to reflect the previous fiscal period. The format of
the report shall be similar to reports issued by the department from
1964-1970 and the report shall include, but not be limited to,
descriptions of all department activities including: Revenues
generated, program costs, capital expenditures, personnel, special
projects, new and ongoing research, environmental controls, cooperative
projects, intergovernmental agreements, and outlines of ongoing
litigation, recent court decisions and orders on major issues with the
potential for state liability. The report shall describe the status of
the resource and its recreational, commercial, and tribal utilization.
The report shall)) legislature. The report must include the
information contained in the reporting request and be made available to
the public.
Sec. 502 RCW 77.04.150 and 2008 c 294 s 1 are each amended to
read as follows:
(1) The commission ((must)) may, if deemed beneficial by the
commission, appoint an advisory committee to generally represent the
interests of hunters and fishers with disabilities on matters
including, but not limited to, special hunts, modified sporting
equipment, access to public land, and hunting and fishing
opportunities. The advisory committee ((is)) may not be composed of
more than seven members, each being an individual with a disability.
The advisory committee members must represent the entire state. ((The
members must be appointed so that each of the six department
administrative regions, as they existed on January 1, 2007, are
represented with one resident on the advisory committee. One
additional member must be appointed at large. The chair of the
advisory committee must be a member of the advisory committee and shall
be selected by the members of the advisory committee.))
(2) For the purposes of this section, an individual with a
disability includes but is not limited to:
(a) An individual with a permanent disability who is not ambulatory
over natural terrain without a prosthesis or assistive device;
(b) An individual with a permanent disability who is unable to walk
without the use of assistance from a brace, cane, crutch, wheelchair,
scooter, walker, or other assistive device;
(c) An individual who has a cardiac condition to the extent that
the individual's functional limitations are severe;
(d) An individual who is restricted by lung disease to the extent
that the individual's functional limitations are severe;
(e) An individual who is totally blind or visually impaired; or
(f) An individual with a permanent disability with upper or lower
extremity impairments who does not have the use of one or both upper or
lower extremities.
(3) The members of the advisory committee are appointed for a four-year term. If a vacancy occurs on the advisory committee prior to the
expiration of a term, the commission must appoint a replacement within
sixty days to complete the term.
(4) The advisory committee must meet at least semiannually, and may
meet at other times as requested by a majority of the advisory
committee members for any express purpose that directly relates to the
duties set forth in subsection (1) of this section. A majority of
members currently serving on the advisory committee constitutes a
quorum. The department must provide staff support for all official
advisory committee meetings.
(5) Each member of the advisory committee shall serve without
compensation but may be reimbursed for travel expenses as authorized in
RCW 43.03.050 and 43.03.060.
(6) The members of the advisory committee, or individuals acting on
their behalf, are immune from civil liability for official acts
performed in the course of their duties.
(((7) Beginning December 1, 2011, and again at least once every
four years, the commission shall present a report to the appropriate
legislative committees detailing the effectiveness of the advisory
committee including, but not limited to, the participation levels,
general interest, quality of advice, and recommendations as to the
advisory committee's continuance or modification.))
Sec. 503 RCW 77.12.068 and 2008 c 225 s 4 are each amended to
read as follows:
The department and the state parks and recreation commission
((shall)) may disseminate information about RCW 77.15.740, whale and
wildlife viewing guidelines, and other responsible wildlife viewing
messages to educate Washington's citizens on how to reduce the risk of
disturbing southern resident orca whales. ((The department and the
state parks and recreation commission must, at minimum, disseminate))
This information may be disseminated on ((their)) the agency internet
sites ((and)), through appropriate agency publications, brochures, and
through other information sources deemed appropriate by the two
agencies. The department and the state parks and recreation commission
((shall)) should also attempt to reach the state's boating community by
coordinating with appropriate state and nongovernmental entities to
provide this information at marinas, boat shows, boat dealers, during
boating safety training courses, and in conjunction with vessel
registration or licensing.
Sec. 504 RCW 77.12.184 and 2009 c 333 s 31 are each amended to
read as follows:
(1) The department shall deposit all moneys received from the
following activities into the state wildlife account created in RCW
77.12.170:
(a) The sale of interpretive, recreational, historical,
educational, and informational literature and materials;
(b) The sale of advertisements in regulation pamphlets and other
appropriate mediums; and
(c) Enrollment fees in department-sponsored educational training
events.
(2) ((Moneys collected under subsection (1) of this section shall
be spent primarily for producing regulation booklets for users and for
the development, production, reprinting, and distribution of
informational and educational materials. The department may also spend
these moneys for necessary expenses associated with training
activities, and other activities as determined by the director.)) Regulation pamphlets may be subsidized through appropriate
advertising, but must be made available free of charge to the users.
(3)
(((4))) (3) The director may enter into joint ventures with other
agencies and organizations to generate revenue for providing public
information and education on wildlife and hunting and fishing rules.
Sec. 505 RCW 77.12.702 and 2007 c 442 s 2 are each amended to
read as follows:
(1) The department is directed to develop and implement a rockfish
research and stock assessment program. Using funds from the rockfish
research account created in subsection (2) of this section, the
department must conduct Puget Sound basin and coastal surveys with new
and existing technology to estimate the current abundance and future
recovery of rockfish populations and other groundfish species. The
stock assessment must include an evaluation of the potential for marine
fish enhancement. ((Beginning December 2008, and every two years
thereafter,)) When so requested, the department shall report to ((the
appropriate committees of)) the legislature, consistent with RCW
43.01.036, on the status of the stock assessment program.
(2) The rockfish research account is created in the custody of the
state treasurer. All receipts from surcharges assessed on commercial
and recreational fishing licenses for the purposes of rockfish research
must be deposited into the account. Expenditures from the account may
be used only for rockfish research, including stock assessments. Only
the director of the department 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.
Sec. 506 RCW 77.12.755 and 2003 c 311 s 10 are each amended to
read as follows:
In coordination with the department of natural resources and lead
entity groups, the department must establish a ranked inventory of fish
passage barriers on land owned by small forest landowners based on the
principle of fixing the worst first within a watershed consistent with
the fish passage priorities of the forest and fish report. The
department shall first gather and synthesize all available existing
information about the locations and impacts of fish passage barriers in
Washington. This information must include, but not be limited to, the
most recently available limiting factors analysis conducted pursuant to
RCW 77.85.060(2), the stock status information contained in the
department ((of fish and wildlife)) salmonid stock inventory (SASSI),
the salmon and steelhead habitat inventory and assessment project
(SSHIAP), and any comparable science-based assessment when available.
The inventory of fish passage barriers must be kept reasonably current
((and at a minimum be updated by the beginning of each calendar year))
as the director of the department determines funding allows. Nothing
in this section grants the department or others additional right of
entry onto private property.
Sec. 507 RCW 77.12.820 and 2009 c 333 s 52 are each amended to
read as follows:
The eastern Washington pheasant enhancement account is created in
the custody of the state treasurer. All receipts under RCW 77.12.810
must be deposited in the account. Moneys in the account are subject to
legislative appropriation and shall be used for the purpose of funding
the eastern Washington pheasant enhancement program. The department
may use moneys from the account to improve pheasant habitat or to
purchase or produce pheasants. The department must continue to release
rooster pheasants in eastern Washington. The eastern Washington
pheasant enhancement account funds must not be used for the purchase of
land. The account may be used to offer grants to improve pheasant
habitat on public or private lands that are open to public hunting.
The department may enter partnerships with private landowners,
nonprofit corporations, cooperative groups, and federal or state
agencies for the purposes of pheasant habitat enhancement in areas that
will be available for public hunting. The department shall ((submit an
annual report to the appropriate committees of the legislature by
December 1st)) make information regarding the department's eastern
Washington pheasant activities available upon request.
Sec. 508 RCW 77.60.130 and 2007 c 341 s 59 are each amended to
read as follows:
(1) The aquatic nuisance species committee is created for the
purpose of fostering state, federal, tribal, and private cooperation on
aquatic nuisance species issues. The mission of the committee is to
minimize the unauthorized or accidental introduction of nonnative
aquatic species and give special emphasis to preventing the
introduction and spread of aquatic nuisance species. The term "aquatic
nuisance species" means a nonnative aquatic plant or animal species
that threatens the diversity or abundance of native species, the
ecological stability of infested waters, or commercial, agricultural,
or recreational activities dependent on such waters.
(2) The committee consists of representatives from each of the
following state agencies: Department of fish and wildlife, department
of ecology, department of agriculture, department of health, department
of natural resources, Puget Sound partnership, state patrol, state
noxious weed control board, and Washington sea grant program. The
committee shall encourage and solicit participation by: Federally
recognized tribes of Washington, federal agencies, Washington
conservation organizations, environmental groups, and representatives
from industries that may either be affected by the introduction of an
aquatic nuisance species or that may serve as a pathway for their
introduction.
(3) The committee has the following duties:
(a) Periodically revise the state of Washington aquatic nuisance
species management plan, originally published in June 1998;
(b) Make recommendations to the legislature on statutory provisions
for classifying and regulating aquatic nuisance species;
(c) Recommend to the state noxious weed control board that a plant
be classified under the process designated by RCW 17.10.080 as an
aquatic noxious weed;
(d) Coordinate education, research, regulatory authorities,
monitoring and control programs, and participate in regional and
national efforts regarding aquatic nuisance species; and
(e) Consult with representatives from industries and other
activities that may serve as a pathway for the introduction of aquatic
nuisance species to develop practical strategies that will minimize the
risk of new introductions((; and)).
(f) Prepare a biennial report to the legislature with the first
report due by December 1, 2001, making recommendations for better
accomplishing the purposes of this chapter, and listing the
accomplishments of this chapter to date
(4) The committee shall accomplish its duties through the authority
and cooperation of its member agencies. Implementation of all plans
and programs developed by the committee shall be through the member
agencies and other cooperating organizations.
Sec. 509 RCW 77.85.140 and 2009 c 518 s 9 and 2009 c 345 s 8 are
each reenacted and 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 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.
Sec. 510 RCW 77.85.220 and 2003 c 391 s 4 are each amended to
read as follows:
(((1))) If a limiting factors analysis has been conducted under
this chapter for a specific geographic area and that analysis shows
insufficient intertidal salmon habitat, the department of fish and
wildlife and the county legislative authorities of the affected
counties may jointly initiate a salmon intertidal habitat restoration
planning process to develop a plan that addresses the intertidal
habitat goals contained in the limiting factors analysis. The fish and
wildlife commission and the county legislative authorities of the
geographic area shall ((jointly appoint a task force composed of the
following members:)) work together with interested
stakeholders to:
(a) One representative of the fish and wildlife commission,
appointed by the chair of the commission;
(b) Two representatives of the agricultural industry familiar with
agricultural issues in the geographic area, one appointed by an
organization active in the geographic area and one appointed by a
statewide organization representing the industry;
(c) Two representatives of environmental interest organizations
with familiarity and expertise of salmon habitat, one appointed by an
organization in the geographic area and one appointed by a statewide
organization representing environmental interests;
(d) One representative of a diking and drainage district, appointed
by the individual districts in the geographic area or by an association
of diking and drainage districts;
(e) One representative of the lead entity for salmon recovery in
the geographic area, appointed by the lead entity;
(f) One representative of each county in the geographic area,
appointed by the respective county legislative authorities; and
(g) One representative from the office of the governor.
(2) Representatives of the United States environmental protection
agency, the United States natural resources conservation service,
federal fishery agencies, as appointed by their regional director, and
tribes with interests in the geographic area shall be invited and
encouraged to participate as members of the task force.
(3) The task force shall elect a chair and adopt rules for
conducting the business of the task force. Staff support for the task
force shall be provided by the Washington state conservation
commission.
(4) The task force shall
(((a))) (1) Review and analyze the limiting factors analysis for
the geographic area;
(((b))) (2) Initiate and oversee intertidal salmon habitat studies
for enhancement of the intertidal area as provided in RCW 77.85.230;
(((c))) (3) Review and analyze the completed assessments listed in
RCW 77.85.230;
(((d))) (4) Develop and draft an overall plan that addresses
identified intertidal salmon habitat goals that has public support; and
(((e))) (5) Identify appropriate demonstration projects and early
implementation projects that are of high priority and should commence
immediately within the geographic area.
(((5) The task force may request briefings as needed on legal
issues that may need to be considered when developing or implementing
various plan options.))
(6) Members of the task force shall be reimbursed by the
conservation commission for travel expenses as provided in RCW
43.03.050 and 43.03.060.
(7) The task force shall provide annual reports that provide an
update on its activities to the fish and wildlife commission, to the
involved county legislative authorities, and to the lead entity formed
under this chapter.
Sec. 511 RCW 77.85.230 and 2009 c 333 s 24 are each amended to
read as follows:
(1) ((In consultation with the appropriate task force formed under
RCW 77.85.220,)) The conservation commission may contract with
universities, private consultants, nonprofit groups, or other entities
to assist it in developing a plan incorporating the following elements:
(a) An inventory of existing tide gates located on streams in the
county. The inventory shall include location, age, type, and
maintenance history of the tide gates and other factors as determined
by the appropriate task force in consultation with the county and
diking and drainage districts;
(b) An assessment of the role of tide gates located on streams in
the county; the role of intertidal fish habitat for various life stages
of salmon; the quantity and characterization of intertidal fish habitat
currently accessible to fish; the quantity and characterization of the
present intertidal fish habitat created at the time the dikes and
outlets were constructed; the quantity of potential intertidal fish
habitat on public lands and alternatives to enhance this habitat; the
effects of saltwater intrusion on agricultural land, including the
effects of backfeeding of saltwater through the underground drainage
system; the role of tide gates in drainage systems, including relieving
excess water from saturated soil and providing reservoir functions
between tides; the effect of saturated soils on production of crops;
the characteristics of properly functioning intertidal fish habitat; a
map of agricultural lands designated by the county as having long-term
commercial significance and the effect of that designation; and the
economic impacts to existing land uses for various alternatives for
tide gate alteration; and
(c) A long-term plan for intertidal salmon habitat enhancement to
meet the goals of salmon recovery and protection of agricultural lands.
The proposal shall consider all other means to achieve salmon recovery
without converting farmland. The proposal shall include methods to
increase fish passage and otherwise enhance intertidal habitat on
public lands pursuant to subsection (2) of this section, voluntary
methods to increase fish passage on private lands, a priority list of
intertidal salmon enhancement projects, and recommendations for funding
of high priority projects. The task force also may propose pilot
projects that will be designed to test and measure the success of
various proposed strategies.
(2) In conjunction with other public landowners ((and the
appropriate task force formed under RCW 77.85.220)), the department
shall develop an initial salmon intertidal habitat enhancement plan for
public lands in the county. The initial plan shall include a list of
public properties in the intertidal zone that could be enhanced for
salmon, a description of how those properties could be altered to
support salmon, a description of costs and sources of funds to enhance
the property, and a strategy and schedule for prioritizing the
enhancement of public lands for intertidal salmon habitat. ((This
initial plan shall be submitted to the appropriate task force at least
six months before the deadline established in subsection (3) of this
section.))
(3) ((The final intertidal salmon enhancement plan shall be
completed within two years from the date the task force is formed under
RCW 77.85.220 and funding has been secured.)) A final plan shall be
submitted ((by the appropriate task force)) to the lead entity for the
geographic area established under this chapter.
Sec. 512 RCW 77.95.020 and 1995 1st sp.s. c 2 s 34 are each
amended to read as follows:
(1) The commission shall develop long-term regional policy
statements regarding the salmon fishery resources before December 1,
1985. The commission shall consider the following in formulating and
updating regional policy statements:
(a) Existing resource needs;
(b) Potential for creation of new resources;
(c) Successful existing programs, both within and outside the
state;
(d) Balanced utilization of natural and hatchery production;
(e) Desires of the fishing interest;
(f) Need for additional data or research;
(g) Federal court orders; and
(h) Salmon advisory council recommendations.
(2) The commission shall review and update each policy statement
((at least once each year)) as needed.
Sec. 513 RCW 77.95.190 and 2010 1st sp.s. c 7 s 84 are each
amended to read as follows:
The department ((shall)) may field test coho and chinook salmon
remote site incubators. The purpose of field testing efforts shall be
to gather conclusive scientific data on the effectiveness of coho and
chinook remote site incubators.
Sec. 514 RCW 77.95.200 and 2009 c 333 s 29 are each amended to
read as follows:
(1) The department ((shall)) may develop and implement a program
utilizing remote site incubators in Washington ((state)). If used, the
program ((shall)) must identify sites in tributaries that are suitable
for reestablishing self-sustaining, locally adapted populations of
coho, chum, or chinook salmon. The initial selection of sites shall be
updated annually.
(2) The department may only approve a remote site incubator project
if the department deems it is consistent with the conservation of wild
salmon and trout. The department shall only utilize appropriate
salmonid eggs in remote site incubators, and may acquire eggs by gift
or purchase.
(3) The department shall depend chiefly upon volunteer efforts to
implement ((the)) a remote site incubator program through volunteer
cooperative projects and the regional fisheries enhancement groups.
The department may prioritize remote site incubator projects within
regional enhancement areas.
(4) The department may purchase remote site incubators and may use
agency employees to construct remote site incubators.
(5) The department ((shall)) may investigate the use of the remote
site incubator technology for the production of warm water fish.
(6) ((Annual)) Reports on the progress of the program shall be
provided to the fish and wildlife commission as requested.
Sec. 515 RCW 77.95.230 and 1989 c 336 s 2 are each amended to
read as follows:
The director shall determine the cost of operating all state-funded
salmon production facilities at full capacity and shall provide this
information with the department's biennial budget request if so
requested by the office of financial management.
Sec. 516 RCW 77.95.310 and 2009 c 333 s 30 are each amended to
read as follows:
(1) If requested by the commission, the department shall maintain
a report identifying total salmon and steelhead harvest. This report
shall include the final commercial harvests and recreational harvests.
At a minimum, the report shall clearly identify:
(a) The total treaty tribal and nontribal harvests by species and
by management unit;
(b) Where and why the nontribal harvest does not meet the full
allocation allowed under United States v. Washington, 384 F. Supp. 312
(1974) (Boldt I) including a summary of the key policies within the
management plan that result in a less than full nontribal allocation;
and
(c) The location and quantity of salmon and steelhead harvested
under the wastage provisions of United States v. Washington, 384 F.
Supp. 312 (1974).
(2) Upon request, the department shall present the report required
to be maintained under this section to the appropriate committees of
the legislature.
Sec. 517 RCW 77.100.050 and 2001 c 337 s 3 are each amended to
read as follows:
(1) The department shall, when deemed needed by the department:
(a) Encourage and support the establishment of cooperative
agreements for the development and operation of cooperative food fish,
shellfish, game fish, game bird, game animal, and nongame wildlife
projects, and projects which provide an opportunity for volunteer
groups to become involved in resource and habitat-oriented activities.
All cooperative projects shall be fairly considered in the approval of
cooperative agreements;
(b) Identify regions and species or activities that would be
particularly suitable for cooperative projects providing benefits
compatible with department goals;
(c) Determine the availability of rearing space at operating
facilities or of net pens, egg boxes, portable rearing containers,
incubators, and any other rearing facilities for use in cooperative
projects, and allocate them to volunteer groups as fairly as possible;
(d) Make viable eggs available for replenishing fish runs, and
salmon carcasses for nutrient enhancement of streams. If a regional
fisheries enhancement group, lead entity, volunteer cooperative group,
federally approved tribe in Washington, or a governmental hatchery in
Washington, Oregon, or Idaho requests the department for viable eggs,
the department must include the request within the brood stock document
prepared for review by the regional offices. The eggs shall be
distributed in accordance with the priority established in RCW
77.95.210 if they are available. A request for viable eggs may only be
denied if the eggs would not be useful for propagation or salmon
recovery purposes, as determined under RCW 77.95.210;
(e) Exempt volunteer groups from payment of fees to the department
for activities related to the project;
(f) Publicize the cooperative program;
(g) Not substitute a new cooperative project for any part of the
department's program unless mutually agreeable to the department and
volunteer group;
(h) Not approve agreements that are incompatible with legally
existing land, water, or property rights.
(2) The department may, when requested, provide to volunteer groups
its available professional expertise and assist the volunteer group to
evaluate its project. The department must conduct annual workshops in
each administrative region of the department that has fish stocks
listed as threatened or endangered under the federal endangered species
act, 16 U.S.C. Sec. 1531 et seq., in order to assist volunteer groups
with egg rearing, share information on successful salmon recovery
projects accomplished by volunteers within the state, and provide basic
training on monitoring efforts that can be accomplished by volunteers
in order to help determine if their efforts are successful.
NEW SECTION. Sec. 518 The following acts or parts of acts are
each repealed:
(1) RCW 77.95.140 (Skagit river salmon recovery plan) and 1995 1st
sp.s. c 2 s 41, 1993 sp.s. c 2 s 48, & 1992 c 88 s 1;
(2) RCW 77.95.150 (Coordination with regional enhancement groups--Findings) and 1995 c 367 s 1; and
(3) RCW 77.95.160 (Fish passage barrier removal task force--Membership -- Recommendations) and 2000 c 107 s 110, 1997 c 389 s 6, &
1995 c 367 s 2.
Sec. 601 RCW 43.30.340 and 2003 c 334 s 202 are each amended to
read as follows:
The department is authorized to receive and disburse funds from the
federal government ((for cooperative work in management and protection
of forests and forest and range lands as may be authorized by any act
of Congress which is now, or may hereafter be, adopted for such
purposes)) or from other sources for purposes that advance the mission,
responsibilities, and duties of the department.
Sec. 602 RCW 76.06.150 and 2009 c 163 s 5 are each amended to
read as follows:
(1) The commissioner of public lands is designated as the state of
Washington's lead for all forest health issues.
(2) The commissioner of public lands shall strive to promote
communications between the state and the federal government regarding
forest land management decisions that potentially affect the health of
forests in Washington and will allow the state to have an influence on
the management of federally owned land in Washington. Such government-to-government cooperation is vital if the condition of the state's
public and private forest lands are to be protected. These activities
may include, when deemed by the commissioner to be in the best interest
of the state:
(a) Representing the state's interest before all appropriate local,
state, and federal agencies;
(b) Assuming the lead state role for developing formal comments on
federal forest management plans that may have an impact on the health
of forests in Washington;
(c) Pursuing in an expedited manner any available and appropriate
cooperative agreements, including cooperating agency status
designation, with the United States forest service and the United
States bureau of land management that allow for meaningful
participation in any federal land management plans that could affect
the department's strategic plan for healthy forests and effective fire
prevention and suppression, including the pursuit of any options
available for giving effect to the cooperative philosophy contained
within the national environmental policy act of 1969 (42 U.S.C. Sec.
4331); and
(d) Pursuing agreements with federal agencies in the service of
forest biomass energy partnerships and cooperatives authorized under
RCW 43.30.835 through 43.30.840.
(3) When requested and consistent with RCW 43.01.036, the
commissioner of public lands shall report to the ((chairs of the
appropriate standing committees of the)) legislature ((every year)) on
progress under this section, including, if requested, the
identification((, if deemed appropriate by the commissioner,)) of any
needed statutory changes, policy issues, or funding needs.
Sec. 603 RCW 79.10.010 and 2003 c 334 s 433 are each amended to
read as follows:
(1) It shall be the duty of the department to report, and
recommend, ((to each session of the legislature)) as necessary, any
changes in the law relating to the methods of handling the public lands
of the state that the department may deem advisable.
(2) Upon the request of the legislature, the governor, or the
board, the department shall provide a comprehensive ((biennial)) report
to reflect the previous fiscal period. The request for the report
((shall include, but not)) may specify the inclusion of, but does not
have to be limited to, descriptions of all department activities
including: Revenues generated, program costs, capital expenditures,
personnel, special projects, new and ongoing research, environmental
controls, cooperative projects, intergovernmental agreements, the
adopted sustainable harvest compared to the sales program, and outlines
of ongoing litigation, recent court decisions, and orders on major
issues with the potential for state liability. The report shall
describe the status of the resources managed and the recreational and
commercial utilization. The report must be delivered to the
((appropriate committees of the)) legislature consistent with RCW
43.01.036 and made available to the public.
(3) The department shall provide annual reports to the respective
trust beneficiaries, including each county. The report shall include,
but not be limited to, the following: Acres sold, acres harvested,
volume from those acres, acres planted, number of stems per acre, acres
precommercially thinned, acres commercially thinned, acres partially
cut, acres clear cut, age of final rotation for acres clear cut, and
the total number of acres off base for harvest and an explanation of
why those acres are off base for harvest.
Sec. 604 RCW 79.02.260 and 2003 c 334 s 429 are each amended to
read as follows:
(1) The department shall keep a ((fee book)) record, in a manner
determined to be effective and efficient by the department, in which
shall be entered all fees received, with the date paid and the name of
the person paying the ((same)) fee, and the nature of the services
rendered for which the fee is charged((, which book shall)). The
record must be verified monthly by an affidavit entered ((therein))
into the record.
(2) All fees collected by the department shall be paid into the
state treasury, as applicable, to the resource management cost account
created in RCW 79.64.020, the forest development account created in RCW
79.64.100, or the agricultural college trust management account fund as
established under RCW 79.64.090, and the receipt of the state treasurer
taken and retained in the department's Olympia office as a voucher.
Sec. 605 RCW 79.17.010 and 2009 c 497 s 6024 are each amended to
read as follows:
(1) The department, with the approval of the board, may exchange
any state land and any timber thereon for any land of equal value in
order to:
(a) Facilitate the marketing of forest products of state lands;
(b) Consolidate and block-up state lands;
(c) Acquire lands having commercial recreational leasing potential;
(d) Acquire county-owned lands;
(e) Acquire urban property which has greater income potential or
which could be more efficiently managed by the department in exchange
for state urban lands as defined in RCW 79.19.100; or
(f) Acquire any other lands when such exchange is determined by the
board to be in the best interest of the trust for which the state land
is held.
(2) Land exchanged under this section shall not be used to reduce
the publicly owned forest land base.
(3) The board shall determine that each land exchange is in the
best interest of the trust for which the land is held prior to
authorizing the land exchange.
(4) ((During the biennium ending June 30, 2011,)) For the purposes
of maintaining working farm and forest landscapes or acquiring natural
resource lands at risk of development, the department, with approval of
the board of natural resources, may exchange any state land and any
timber thereon for any land and proceeds of equal value, when it can be
demonstrated that the trust fiduciary obligations can be better
fulfilled after an exchange is completed. Proceeds may be in the form
of cash or services in order to achieve the purposes established in
this section. Any cash received as part of an exchange transaction
shall be deposited in the resource management cost account to pay for
administrative expenses incurred in carrying out an exchange
transaction. These administrative expenses include road maintenance
and abandonment expenses. The amount of proceeds received from the
exchange partner may not exceed five percent of the total value of the
exchange. The receipt of proceeds shall not change the character of
the transaction from an exchange to a sale.
(5) Prior to executing an exchange under this section, and in
addition to the public notice requirements set forth in RCW 79.17.050,
the department shall consult with legislative members, other state and
federal agencies, local governments, tribes, local stakeholders,
conservation groups, and any other interested parties to identify and
address cultural resource issues and the potential of the state lands
proposed for exchange to be used for open space, park, school, or
critical habitat purposes.
Sec. 606 RCW 79.17.020 and 2009 c 497 s 6025 are each amended to
read as follows:
(1) The board of county commissioners of any county and/or the
mayor and city council or city commission of any city or town and/or
the board shall have authority to exchange, each with the other, or
with the federal forest service, the federal government or any proper
agency thereof and/or with any private landowner, county land of any
character, land owned by municipalities of any character, and state
forest land owned by the state under the jurisdiction of the
department, for real property of equal value for the purpose of
consolidating and blocking up the respective land holdings of any
county, municipality, the federal government, or the state of
Washington or for the purpose of obtaining lands having commercial
recreational leasing potential.
(2) ((During the biennium ending June 30, 2011,)) For the purposes
of maintaining working farm and forest landscapes or acquiring natural
resource lands at risk of development, the department, with approval of
the board of natural resources, may exchange any state land and any
timber thereon for any land and proceeds of equal value, when it can be
demonstrated that the trust fiduciary obligations can be better
fulfilled after an exchange is completed. Proceeds may be in the form
of cash or services in order to achieve the purposes established in
this section. Any cash received as part of an exchange transaction
shall be deposited in the forest development account to pay for
administrative expenses incurred in carrying out an exchange
transaction. The amount of proceeds received from the exchange partner
may not exceed five percent of the total value of the exchange. The
receipt of proceeds shall not change the character of the transaction
from an exchange to a sale.
(3) Prior to executing an exchange under this section, and in
addition to the public notice requirements set forth in RCW 79.17.050,
the department shall consult with legislative members, other state and
federal agencies, local governments, tribes, local stakeholders,
conservation groups, and any other interested parties to identify and
address cultural resource issues, and the potential of the state lands
proposed for exchange to be used for open space, park, school, or
critical habitat purposes.
Sec. 607 RCW 79.19.100 and 2003 c 334 s 441 are each amended to
read as follows:
(1) The purpose of this section is to foster cooperative planning
among the state, the department, and local governments as to state-owned lands under the department's jurisdiction situated in urban
areas.
((At least once a year,)) (2) Prior to finalizing the department's
urban land leasing action plan, the department and applicable local
governments shall meet on a schedule agreed upon between the department
and the local government to review state and local plans and to
coordinate planning in areas where urban lands are located. The
department and local governments may enter into formal agreements for
the purpose of planning the appropriate development of these state-owned urban lands.
(3) The department shall contact those local governments which have
planning, zoning, and land-use regulation authority over areas where
urban lands under its jurisdiction are located so as to facilitate
these annual or other meetings.
(4) "Urban lands" as used in this section means those areas which
within ten years are expected to be intensively used for locations of
buildings or structures, and usually have urban governmental services.
(5) "Local government" as used in this section means counties,
cities, and towns having planning and land-use regulation authority.
Sec. 608 RCW 79.125.040 and 2005 c 155 s 503 are each amended to
read as follows:
The department shall prepare plats showing all tidelands and
shorelands, surveyed, platted, and appraised by it in the respective
counties, on which shall be marked the location of all tidelands and
shorelands, with reference to the lines of the United States survey of
the abutting upland, and shall prepare a record of its proceedings,
including a list of the tidelands and shorelands surveyed, platted, or
replatted, and appraised by it and its appraisal of the tidelands and
shorelands((, which)). Plats and plat books ((shall be in triplicate
and the department shall file one copy of the plats and records in the
department's Olympia office, and file one copy in the office of the
county auditor of the county where the lands platted, or replatted, and
appraised are situated, and file one copy in the office of the city
engineer of the city in which, or within two miles of which, the lands
platted, or replatted, are situated)) must be maintained by the
department and provided to affected local governments as appropriate or
requested.
Sec. 609 RCW 79.125.710 and 2005 c 155 s 517 are each amended to
read as follows:
Whenever application is made to the department by any incorporated
city or town or metropolitan park district for the use of any state-owned tidelands or shorelands within the corporate limits of the city
or town or metropolitan park district for municipal park and/or
playground purposes, the department shall ((cause the application to be
entered)) record the application in the department's records ((of its
office,)) and ((shall then)) must forward the application to the office
of the governor((, who shall appoint a committee of five representative
citizens of the city or town, in addition to the commissioner and the
director of ecology, both of whom shall be ex officio members of the
committee, to investigate the lands and determine whether they)) for
the opportunity to determine whether the lands are suitable and needed
for park or playground purposes((; and, if they so find)). If the
lands are found to be suitable and needed, or the governor declines to
comment, the commissioner shall certify to the governor that the
property ((shall)) is to be deeded, ((when)) in accordance with RCW
79.125.200 and 79.125.700, to the city or town or metropolitan park
district and the governor shall then execute a deed in the name of the
state of Washington, attested by the secretary of state, conveying the
use of the lands to the city or town or metropolitan park district for
park or playground purposes for so long as it shall continue to hold,
use, and maintain the lands for park or playground purposes.
Sec. 610 RCW 79.140.020 and 2005 c 155 s 802 are each amended to
read as follows:
The department shall ((print)) generate a list of valuable
materials contained within or upon state-owned aquatic lands, giving
appraised value, character of the land, and ((such)) other information
as may be of interest to prospective buyers. The lists must be
((issued)) generated at least four weeks prior to the date of any sale.
The department shall ((retain for free distribution in its office in
Olympia and the regional offices sufficient copies of the lists, to be
kept in a conspicuous place or receptacle on the counter of the general
and regional office of the department, and, when requested, shall mail
copies of the list as issued to any applicant)) make the list available
in its public offices and, if deemed beneficial by the department, on
the department's internet web page.
Sec. 611 RCW 79.105.410 and 2005 c 155 s 163 are each amended to
read as follows:
(1) The department is authorized to accept gifts of aquatic land
within the state, including tidelands, shorelands, harbor areas, and
the beds of navigable waters, which shall become part of the state-owned aquatic land base.
(2) Consistent with RCW 79.105.030, the department must develop
procedures and criteria that state the manner in which gifts of aquatic
land, received after July 27, 2003, may occur.
(3) Except as otherwise provided in this section, no gift of
aquatic land may be accepted until: (a) An appraisal of the value of
the land has been prepared; (b) an environmental site assessment has
been conducted; and (c) the title property report has been examined and
approved by the attorney general of the state. The results of the
appraisal, the site assessment, and the examination of the title
property report must be submitted to the board before the department
may accept a gift of aquatic land.
(((2))) (4) On a case-by-case basis, the department may accept a
gift of aquatic lands without the necessity of completing the
requirements of subsection (3) of this section. This authority is
limited to donations the department determines to be low-risk and may
be utilized if the department can identify processes to protect the
state's interest that are functionally equivalent to the requirements
of subsection (3) of this section.
(5) The authorization to accept gifts of aquatic land within the
state extends to aquatic land accepted as gifts prior to July 27, 2003.
NEW SECTION. Sec. 612 The following acts or parts of acts are
each repealed:
(1) RCW 43.30.345 (Federal funds for management and protection of
forests, forest and range lands -- Disbursement of funds) and 2003 c 334
s 203, 1988 c 128 s 14, & 1957 c 78 s 2;
(2) RCW 43.30.360 (Clarke-McNary fund) and 2002 c 371 s 908 & 1986
c 100 s 46;
(3) RCW 43.30.370 (Cooperative farm forestry funds) and 1986 c 100
s 47; and
(4) RCW 79.125.610 (List of state-owned tidelands and shorelands
permitted to be sold) and 2005 c 155 s 113 & 1982 1st ex.s. c 21 s 24.
Sec. 701 RCW 90.71.010 and 2007 c 341 s 2 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Action agenda" means the comprehensive schedule of projects,
programs, and other activities designed to achieve a healthy Puget
Sound ecosystem that ((is authorized and further described in RCW
90.71.300 and 90.71.310)) was developed by the Puget Sound partnership,
approved by the leadership council, and delivered to the legislature in
December 2008, along with any subsequent updates.
(2) "Action area" means the geographic areas delineated as provided
in RCW 90.71.260.
(3) "Benchmarks" means measurable interim milestones or
achievements established to demonstrate progress towards a goal,
objective, or outcome.
(4) "Board" means the ecosystem coordination board.
(5) "Council" means the leadership council.
(6) "Environmental indicator" means a physical, biological, or
chemical measurement, statistic, or value that provides a proximate
gauge, or evidence of, the state or condition of Puget Sound.
(7) "Implementation strategies" means the strategies incorporated
on a biennial basis in the action agenda ((developed under RCW
90.71.310)).
(8) "Nearshore" means the area beginning at the crest of coastal
bluffs and extending seaward through the marine photics zone, and to
the head of tide in coastal rivers and streams. "Nearshore" also means
both shoreline and estuaries.
(9) "Panel" means the Puget Sound science panel.
(10) "Partnership" means the Puget Sound partnership.
(11) "Puget Sound" means Puget Sound and related inland marine
waters, including all salt waters of the state of Washington inside the
international boundary line between Washington and British Columbia,
and lying east of the junction of the Pacific Ocean and the Strait of
Juan de Fuca, and the rivers and streams draining to Puget Sound as
mapped by water resource inventory areas 1 through 19 in WAC
173-500-040 as it exists on July 1, 2007.
(12) (("Puget Sound partner" means an entity that has been
recognized by the partnership, as provided in RCW 90.71.340, as having
consistently achieved outstanding progress in implementing the 2020
action agenda.)) "Watershed groups" means all groups sponsoring or
administering watershed programs, including but not limited to local
governments, private sector entities, watershed planning units,
watershed councils, shellfish protection areas, regional fishery
enhancement groups, marine ((
(13)resource[s])) resources committees
including those working with the Northwest straits commission,
nearshore groups, and watershed lead entities.
(((14))) (13) "Watershed programs" means and includes all
watershed-level plans, programs, projects, and activities that relate
to or may contribute to the protection or restoration of Puget Sound
waters. Such programs include jurisdiction-wide programs regardless of
whether more than one watershed is addressed.
Sec. 702 RCW 90.71.230 and 2007 c 341 s 5 are each amended to
read as follows:
(1) The leadership council shall have the power and duty to:
(a) Provide leadership and have responsibility for the functions of
the partnership, including adopting, revising, and guiding the
implementation of the action agenda, allocating funds for Puget Sound
recovery, providing progress and other reports, setting strategic
priorities and benchmarks, adopting and applying accountability
measures, and making appointments to the board and panel;
(b) Adopt rules, in accordance with chapter 34.05 RCW;
(c) Create subcommittees and advisory committees as appropriate to
assist the council;
(d) Enter into, amend, and terminate contracts with individuals,
corporations, or research institutions to effectuate the purposes of
this chapter;
(e) Make grants to governmental and nongovernmental entities to
effectuate the purposes of this chapter;
(f) Receive such gifts, grants, and endowments, in trust or
otherwise, for the use and benefit of the partnership to effectuate the
purposes of this chapter;
(g) Promote extensive public awareness, education, and
participation in Puget Sound protection and recovery;
(h) Work collaboratively with the Hood Canal coordinating council
established in chapter 90.88 RCW on Hood Canal-specific issues;
(i) Maintain complete and consolidated financial information to
ensure that all funds received and expended to implement the action
agenda have been accounted for; and
(j) ((Such)) Perform other powers and duties as are necessary and
appropriate to carry out the provisions of this chapter.
(2) The council may delegate functions to the chair and to the
executive director, however the council may not delegate its decisional
authority regarding ((developing or)) amending the action agenda.
(3) The council shall work closely with existing organizations and
all levels of government to ensure that the action agenda and its
implementation are scientifically sound, efficient, and achieve
necessary results to accomplish recovery of Puget Sound to health by
2020.
(4) The council shall support, engage, and foster collaboration
among watershed groups to assist in the recovery of Puget Sound.
(5) When working with federally recognized Indian tribes to
((develop and)) implement the action agenda, the council shall conform
to the procedures and standards required in a government-to-governmental relationship with tribes under the 1989 Centennial Accord
between the state of Washington and the sovereign tribal governments in
the state of Washington.
(6) Members of the council shall be compensated in accordance with
RCW 43.03.220 and be reimbursed for travel expenses in accordance with
RCW 43.03.050 and 43.03.060.
Sec. 703 RCW 90.71.250 and 2007 c 341 s 7 are each amended to
read as follows:
(1) The ((council shall convene the)) ecosystem coordination board
((not later than October 1, 2007.)) shall consist of the following:
(2) The board
(a) One representative from the geographic area of each of the
action areas specified in RCW 90.71.260, appointed by the council. The
council shall solicit nominations from, at a minimum, counties, cities,
and watershed groups;
(b) Two members representing general business interests, one of
whom shall represent in-state general small business interests, both
appointed by the council;
(c) Two members representing environmental interests, appointed by
the council;
(d) Three representatives of tribal governments located in Puget
Sound, invited by the governor to participate as members of the board;
(e) One representative each from counties, cities, and port
districts, appointed by the council from nominations submitted by
statewide associations representing such local governments;
(f) Three representatives of state agencies with environmental
management responsibilities in Puget Sound, representing the interests
of all state agencies, one of whom shall be the commissioner of public
lands or his or her designee; and
(g) Three representatives of federal agencies with environmental
management responsibilities in Puget Sound, representing the interests
of all federal agencies and invited by the governor to participate as
members of the board.
(((3))) (2) The president of the senate shall appoint two senators,
one from each major caucus, as legislative liaisons to the board. The
speaker of the house of representatives shall appoint two
representatives, one from each major caucus, as legislative liaisons to
the board.
(((4))) (3) The board shall elect one of its members as chair, and
one of its members as vice-chair.
(((5))) (4) The board shall advise and assist the council in
carrying out its responsibilities in implementing this chapter,
including ((development and)):
(a) The implementation of the action agenda((. The board's duties
include:));
(a) Assisting cities, counties, ports, tribes, watershed groups,
and other governmental and private organizations in the compilation of
local programs for consideration for inclusion in the action agenda as
provided in RCW 90.71.260
(b) ((Upon request of the council, reviewing and making
recommendations regarding activities, projects, and programs proposed
for inclusion in the action agenda, including assessing existing
ecosystem scale management, restoration and protection plan elements,
activities, projects, and programs for inclusion in the action agenda;)) Seeking public and private funding and the commitment of
other resources for ((
(c)plan)) action agenda implementation;
(((d))) (c) Assisting the council in conducting public education
activities regarding threats to Puget Sound and about local
implementation strategies to support the action agenda; and
(((e))) (d) Recruiting the active involvement of and encouraging
the collaboration and communication among governmental and
nongovernmental entities, the private sector, and citizens working to
achieve the recovery of Puget Sound.
(((6))) (5) Members of the board, except for federal and state
employees, shall be reimbursed for travel expenses in accordance with
RCW 43.03.050 and 43.03.060.
Sec. 704 RCW 90.71.260 and 2007 c 341 s 8 are each amended to
read as follows:
(1) The partnership shall ((develop)) pursue the implementation of
the action agenda in part upon the foundation of existing watershed
programs that address or contribute to the health of Puget Sound. To
ensure full consideration of these watershed programs ((in a timely
manner to meet the required date for adoption of the action agenda)),
the partnership shall rely largely upon local watershed groups, tribes,
cities, counties, special purpose districts, and the private sector,
who are engaged in developing and implementing these programs.
(2) The partnership shall organize ((this work)) the implementation
of the action agenda by working with these groups in the following
geographic action areas of Puget Sound, which collectively encompass
all of the Puget Sound basin and include the areas draining to the
marine waters in these action areas:
(a) Strait of Juan de Fuca;
(b) The San Juan Islands;
(c) Whidbey Island;
(d) North central Puget Sound;
(e) South central Puget Sound;
(f) South Puget Sound; and
(g) Hood Canal.
(3) The council shall define the geographic delineations of these
action areas based upon the common issues and interests of the entities
in these action areas, and upon the characteristics of the Sound's
physical structure, and the water flows into and within the Sound.
(4) ((The executive director, working with the board
representatives from each action area, shall invite appropriate tribes,
local governments, and watershed groups to convene for the purpose of
compiling the existing watershed programs relating or contributing to
the health of Puget Sound. The participating groups should work to
identify the applicable local plan elements, projects, and programs,
together with estimated budget, timelines, and proposed funding
sources, that are suitable for adoption into the action agenda. This
may include a prioritization among plan elements, projects, and
programs.)) The partnership may provide assistance to watershed groups in
those action areas that are developing and implementing programs
included within the action agenda, and to improve coordination among
the groups to improve and accelerate the implementation of the action
agenda.
(5)
(((6))) (5) The executive director, working with the board, shall
also compile and assess ecosystem scale management, restoration, and
protection plans for the Puget Sound basin.
(a) At a minimum, the compilation shall include the Puget Sound
nearshore estuary project, clean-up plans for contaminated aquatic
lands and shorelands, aquatic land management plans, state resource
management plans, habitat conservation plans, and recovery plans for
salmon, orca, and other species in Puget Sound that are listed under
the federal endangered species act.
(b) The board should work to identify and assess applicable
ecosystem scale plan elements, projects, and programs, together with
estimated budget, timelines, and proposed funding sources((, that are
suitable for adoption into the action agenda)).
(c) When the board identifies conflicts or disputes among ecosystem
scale projects or programs, the board may convene the agency managers
in an attempt to reconcile the conflicts with the objective of
advancing the protection and recovery of Puget Sound.
(d) If it determines that doing so will increase the likelihood of
restoring Puget Sound by 2020, the partnership may explore the utility
of federal assurances under the endangered species act, 16 U.S.C. Sec.
1531 et seq., and shall confer with the federal services administering
that act.
(((7) The executive director shall integrate and present the
proposed elements from watershed programs and ecosystem-level plans to
the council for consideration for inclusion in the action agenda not
later than July 1, 2008.))
Sec. 705 RCW 90.71.270 and 2007 c 341 s 9 are each amended to
read as follows:
(1) The council shall appoint a nine-member Puget Sound science
panel to provide independent, nonrepresentational scientific advice to
the council ((and expertise in identifying environmental indicators and
benchmarks for incorporation into the action agenda)).
(2) In establishing the panel, the council shall request the
Washington academy of sciences, created in chapter 70.220 RCW, to
nominate fifteen scientists with recognized expertise in fields of
science essential to the recovery of Puget Sound. Nominees should
reflect the full range of scientific and engineering disciplines
involved in Puget Sound recovery. At a minimum, the Washington academy
of sciences shall consider making nominations from scientists
associated with federal, state, and local agencies, tribes, the
business and environmental communities, members of the K-12, college,
and university communities, and members of the board. The solicitation
should be to all sectors, and candidates may be from all public and
private sectors. Persons nominated by the Washington academy of
sciences must disclose any potential conflicts of interest, and any
financial relationship with any leadership councilmember, and disclose
sources of current financial support and contracts relating to Puget
Sound recovery.
(3) The panel shall select a chair and a vice-chair. Panel members
shall serve four-year terms, except that the council shall determine
initial terms of two, three, and four years to provide for staggered
terms. The council shall determine reappointments and select
replacements or additional members of the panel. No panel member may
serve longer than twelve years.
(4) The executive director shall designate a lead staff scientist
to coordinate panel actions, and administrative staff to support panel
activities. The legislature intends to provide ongoing funding for
staffing of the panel to ensure that it has sufficient capacity to
provide independent scientific advice.
(5) The executive director of the partnership and the science panel
shall explore a shared state and federal responsibility for the
staffing and administration of the panel. In the event that a
federally sponsored Puget Sound recovery office is created, the council
may propose that such office provide for staffing and administration of
the panel.
(6) ((The panel shall assist the council in developing and revising
the action agenda, making recommendations to the action agenda, and
making recommendations to the council for updates or revisions.)) Members of the panel shall be reimbursed for travel expenses
under RCW 43.03.050 and 43.03.060, and based upon the availability of
funds, the council may contract with members of the panel for
compensation for their services under chapter 39.29 RCW. If appointees
to the panel are employed by the federal, state, tribal, or local
governments, the council may enter into interagency personnel
agreements.
(7)
Sec. 706 RCW 90.71.280 and 2009 c 99 s 2 are each amended to read
as follows:
(1) The panel shall:
(a) Assist the council, board, and executive director in carrying
out the obligations of the partnership, including ((preparing and))
updating the action agenda;
(b) As provided in RCW 90.71.290, assist the partnership in
((developing)) maintaining an ecosystem level strategic science program
that:
(i) Addresses monitoring, modeling, data management, and research;
and
(ii) Identifies science gaps and recommends research priorities;
(c) ((Develop and)) Provide oversight of a competitive peer-reviewed process for soliciting, strategically prioritizing, and
funding research and modeling projects;
(d) ((Develop and)) Implement an appropriate process for peer
review of monitoring, research, and modeling conducted as part of the
strategic science program;
(e) Provide input to the executive director in developing biennial
implementation strategies; and
(f) Offer an ecosystem-wide perspective on the science work being
conducted in Puget Sound and by the partnership.
(2) The panel should collaborate with other scientific groups and
consult other scientists in conducting its work. To the maximum extent
possible, the panel should seek to integrate the state-sponsored Puget
Sound science program with the Puget Sound science activities of
federal agencies, including working toward an integrated research
agenda and Puget Sound science work plan.
(((3) By July 31, 2008, the panel shall identify environmental
indicators measuring the health of Puget Sound, and recommend
environmental benchmarks that need to be achieved to meet the goals of
the action agenda. The council shall confer with the panel on
incorporating the indicators and benchmarks into the action agenda.))
Sec. 707 RCW 90.71.290 and 2007 c 341 s 11 are each amended to
read as follows:
(1) The strategic science program shall be developed by the panel
with assistance and staff support provided by the executive director.
The science program may include:
(a) Continuation of the Puget Sound assessment and monitoring
program, as provided in RCW 90.71.060, as well as other monitoring or
modeling programs deemed appropriate by the executive director;
(b) Development of a monitoring program, in addition to the
provisions of RCW 90.71.060, including baselines, protocols,
guidelines, and quantifiable performance measures((, to be recommended
as an element of the action agenda));
(c) Recommendations regarding data collection and management to
facilitate easy access and use of data by all participating agencies
and the public; and
(d) A list of critical research needs.
(2) The strategic science program may not become an official
document until a majority of the members of the council votes for its
adoption.
(3) A Puget Sound science update shall be developed by the panel
with assistance and staff support provided by the executive director.
The panel shall submit the initial update to the executive director by
April 2010, and subsequent updates as necessary to reflect new
scientific understandings. The update shall:
(a) Describe the current scientific understanding of various
physical attributes of Puget Sound;
(b) Serve as the scientific basis for the selection of
environmental indicators measuring the health of Puget Sound; and
(c) Serve as the scientific basis for the status and trends of
those environmental indicators.
(4) The executive director shall provide the Puget Sound science
update to the Washington academy of sciences, the governor, and
appropriate legislative committees, and include:
(a) A summary of information in existing updates; and
(b) Changes adopted in subsequent updates and in the state of the
Sound reports produced pursuant to RCW 90.71.370.
(5) A biennial science work plan shall be developed by the panel,
with assistance and staff support provided by the executive director,
and approved by the council. The biennial science work plan shall
include, at a minimum:
(a) Identification of recommendations from scientific and technical
reports relating to Puget Sound;
(b) A description of the Puget Sound science-related activities
being conducted by various entities in the region, including studies,
models, monitoring, research, and other appropriate activities;
(c) A description of whether the ongoing work addresses the
recommendations and, if not, identification of necessary actions to
fill gaps;
(d) Identification of specific biennial science work actions to be
done over the course of the work plan, and how these actions address
science needs in Puget Sound; and
(e) Recommendations for improvements to the ongoing science work in
Puget Sound.
Sec. 708 RCW 90.71.310 and 2008 c 329 s 926 are each amended to
read as follows:
(((1) The council shall develop a science-based action agenda that
leads to the recovery of Puget Sound by 2020 and achievement of the
goals and objectives established in RCW 90.71.300. The action agenda
shall:)) The council ((
(a) Address all geographic areas of Puget Sound including upland
areas and tributary rivers and streams that affect Puget Sound;
(b) Describe the problems affecting Puget Sound's health using
supporting scientific data, and provide a summary of the historical
environmental health conditions of Puget Sound so as to determine past
levels of pollution and restorative actions that have established the
current health conditions of Puget Sound;
(c) Meet the goals and objectives described in RCW 90.71.300,
including measurable outcomes for each goal and objective specifically
describing what will be achieved, how it will be quantified, and how
progress towards outcomes will be measured. The action agenda shall
include near-term and long-term benchmarks designed to ensure
continuous progress needed to reach the goals, objectives, and
designated outcomes by 2020. The council shall consult with the panel
in developing these elements of the plan;
(d) Identify and prioritize the strategies and actions necessary to
restore and protect Puget Sound and to achieve the goals and objectives
described in RCW 90.71.300;
(e) Identify the agency, entity, or person responsible for
completing the necessary strategies and actions, and potential sources
of funding;
(f) Include prioritized actions identified through the assembled
proposals from each of the seven action areas and the identification
and assessment of ecosystem scale programs as provided in RCW
90.71.260;
(g) Include specific actions to address aquatic rehabilitation zone
one, as defined in RCW 90.88.010;
(h) Incorporate any additional goals adopted by the council; and
(i) Incorporate appropriate actions to carry out the biennial
science work plan created in RCW 90.71.290.
(2) In developing the action agenda and any subsequent revisions,
the council shall, when appropriate, incorporate the following:
(a) Water quality, water quantity, sediment quality, watershed,
marine resource, and habitat restoration plans created by governmental
agencies, watershed groups, and marine and shoreline groups. The
council shall consult with the board in incorporating these plans;
(b) Recovery plans for salmon, orca, and other species in Puget
Sound listed under the federal endangered species act;
(c) Existing plans and agreements signed by the governor, the
commissioner of public lands, other state officials, or by federal
agencies;
(d) Appropriate portions of the Puget Sound water quality
management plan existing on July 1, 2007.
(3) Until the action agenda is adopted, the existing Puget Sound
management plan and the 2007-09 Puget Sound biennial plan shall remain
in effect. The existing Puget Sound management plan shall also
continue to serve as the comprehensive conservation and management plan
for the purposes of the national estuary program described in section
320 of the federal clean water act, until replaced by the action agenda
and approved by the United States environmental protection agency as
the new comprehensive conservation and management plan.
(4) The council shall adopt the action agenda by December 1,
2008.shall)) may revise the action agenda as needed,
and revise the implementation strategies every two years using an
adaptive management process informed by tracking actions and monitoring
results in Puget Sound. In revising the action agenda and the
implementation strategies, the council shall consult the panel and the
board and provide opportunity for public review and comment. Biennial
updates shall:
(((a))) (1) Contain a detailed description of prioritized actions
necessary in the biennium to achieve the goals, objectives, outcomes,
and benchmarks of progress identified in the action agenda;
(((b))) (2) Identify the agency, entity, or person responsible for
completing the necessary action; and
(((c))) (3) Establish biennial benchmarks for near-term actions.
(((5) The action agenda shall be organized and maintained in a
single document to facilitate public accessibility to the plan.))
Sec. 709 RCW 90.71.340 and 2007 c 341 s 16 are each amended to
read as follows:
(1) The legislature intends that fiscal incentives and
disincentives be used as accountability measures designed to achieve
consistency with the action agenda by:
(a) Ensuring that projects and activities in conflict with the
action agenda are not funded;
(b) Aligning environmental investments with strategic priorities of
the action agenda; and
(c) Using state grant and loan programs to encourage consistency
with the action agenda.
(2) The council shall adopt measures to ensure that funds
appropriated for implementation of the action agenda and identified by
proviso or specifically referenced in the omnibus appropriations act
pursuant to RCW 43.88.030(1)(g) are expended in a manner that will
achieve the intended results. In developing such performance measures,
the council shall establish criteria for the expenditure of the funds
consistent with the responsibilities and timelines under the action
agenda, and require reporting and tracking of funds expended. The
council may adopt other measures, such as requiring interagency
agreements regarding the expenditure of provisoed or specifically
referenced Puget Sound funds.
(3) The partnership shall work with other state agencies providing
grant and loan funds or other financial assistance for projects and
activities that impact the health of the Puget Sound ecosystem under
chapters 43.155, 70.105D, 70.146, 77.85, 79.105, 79A.15, 89.08, and
90.50A RCW to, within the authorities of the programs, develop
consistent funding criteria that prohibits funding projects and
activities that are in conflict with the action agenda.
(4) ((The partnership shall develop a process and criteria by which
entities that consistently achieve outstanding progress in implementing
the action agenda are designated as Puget Sound partners. State
agencies shall work with the partnership to revise their grant, loan,
or other financial assistance allocation criteria to create a
preference for entities designated as Puget Sound partners for funds
allocated to the Puget Sound basin, pursuant to RCW 43.155.070,
70.105D.070, 70.146.070, 77.85.130, 79.105.150, 79A.15.040, 89.08.520,
and 90.50A.040. This process shall be developed on a timeline that
takes into consideration state grant and loan funding cycles.)) Any entity that receives state funds to implement actions
required in the action agenda shall report biennially to the council on
progress in completing the action and whether expected results have
been achieved within the time frames specified in the action agenda.
(5)
Sec. 710 RCW 90.71.360 and 2007 c 341 s 18 are each amended to
read as follows:
(1) The partnership shall not have regulatory authority nor
authority to transfer the responsibility for, or implementation of, any
state regulatory program, unless otherwise specifically authorized by
the legislature.
(2) The action agenda ((may)) does not create a legally enforceable
duty to review or approve permits, or to adopt plans or regulations.
The action agenda ((may)) does not authorize the adoption of rules
under chapter 34.05 RCW creating a legally enforceable duty applicable
to the review or approval of permits or to the adoption of plans or
regulations. No action of the partnership may alter the forest
practices rules adopted pursuant to chapter 76.09 RCW, or any
associated habitat conservation plan. Any changes in forest practices
identified by the processes established in this chapter as necessary to
fully recover the health of Puget Sound by 2020 may only be realized
through the processes established in RCW 76.09.370 and other designated
processes established in Title 76 RCW. Nothing in this subsection or
subsection (1) of this section limits the accountability provisions of
this chapter.
(3) Nothing in this chapter limits or alters the existing legal
authority of local governments, nor does it create a legally
enforceable duty upon local governments. When a local government
proposes to take an action inconsistent with the action agenda, it
shall inform the council and identify the reasons for taking the
action. If a local government chooses to take an action inconsistent
with the action agenda or chooses not to take action required by the
action agenda, it will be subject to the accountability measures in
this chapter which can be used at the discretion of the council.
Sec. 711 RCW 43.155.070 and 2009 c 518 s 16 are each amended to
read as follows:
(1) To qualify for loans or pledges under this chapter the board
must determine that a local government meets all of the following
conditions:
(a) The city or county must be imposing a tax under chapter 82.46
RCW at a rate of at least one-quarter of one percent;
(b) The local government must have developed a capital facility
plan; and
(c) The local government must be using all local revenue sources
which are reasonably available for funding public works, taking into
consideration local employment and economic factors.
(2) Except where necessary to address a public health need or
substantial environmental degradation, a county, city, or town planning
under RCW 36.70A.040 must have adopted a comprehensive plan, including
a capital facilities plan element, and development regulations as
required by RCW 36.70A.040. This subsection does not require any
county, city, or town planning under RCW 36.70A.040 to adopt a
comprehensive plan or development regulations before requesting or
receiving a loan or loan guarantee under this chapter if such request
is made before the expiration of the time periods specified in RCW
36.70A.040. A county, city, or town planning under RCW 36.70A.040
which has not adopted a comprehensive plan and development regulations
within the time periods specified in RCW 36.70A.040 is not prohibited
from receiving a loan or loan guarantee under this chapter if the
comprehensive plan and development regulations are adopted as required
by RCW 36.70A.040 before submitting a request for a loan or loan
guarantee.
(3) In considering awarding loans for public facilities to special
districts requesting funding for a proposed facility located in a
county, city, or town planning under RCW 36.70A.040, the board shall
consider whether the county, city, or town planning under RCW
36.70A.040 in whose planning jurisdiction the proposed facility is
located has adopted a comprehensive plan and development regulations as
required by RCW 36.70A.040.
(4) The board shall develop a priority process for public works
projects as provided in this section. The intent of the priority
process is to maximize the value of public works projects accomplished
with assistance under this chapter. The board shall attempt to assure
a geographical balance in assigning priorities to projects. The board
shall consider at least the following factors in assigning a priority
to a project:
(a) Whether the local government receiving assistance has
experienced severe fiscal distress resulting from natural disaster or
emergency public works needs;
(b) ((Except as otherwise conditioned by RCW 43.155.110, whether
the entity receiving assistance is a Puget Sound partner, as defined in
RCW 90.71.010;)) Whether the project is referenced in the action agenda
developed by the Puget Sound partnership under RCW 90.71.310;
(c)
(((d))) (c) Whether the project is critical in nature and would
affect the health and safety of a great number of citizens;
(((e))) (d) Whether the applicant has developed and adhered to
guidelines regarding its permitting process for those applying for
development permits consistent with section 1(2), chapter 231, Laws of
2007;
(((f))) (e) The cost of the project compared to the size of the
local government and amount of loan money available;
(((g))) (f) The number of communities served by or funding the
project;
(((h))) (g) Whether the project is located in an area of high
unemployment, compared to the average state unemployment;
(((i))) (h) Whether the project is the acquisition, expansion,
improvement, or renovation by a local government of a public water
system that is in violation of health and safety standards, including
the cost of extending existing service to such a system;
(((j))) (i) Except as otherwise conditioned by RCW 43.155.120, and
effective one calendar year following the development of model
evergreen community management plans and ordinances under RCW
35.105.050, whether the entity receiving assistance has been
recognized, and what gradation of recognition was received, in the
evergreen community recognition program created in RCW 35.105.030;
(((k))) (j) The relative benefit of the project to the community,
considering the present level of economic activity in the community and
the existing local capacity to increase local economic activity in
communities that have low economic growth; and
(((l))) (k) Other criteria that the board considers advisable.
(5) Existing debt or financial obligations of local governments
shall not be refinanced under this chapter. Each local government
applicant shall provide documentation of attempts to secure additional
local or other sources of funding for each public works project for
which financial assistance is sought under this chapter.
(6) Before November 1st of each even-numbered year, the board shall
develop and submit to the appropriate fiscal committees of the senate
and house of representatives a description of the loans made under RCW
43.155.065, 43.155.068, and subsection (9) of this section during the
preceding fiscal year and a prioritized list of projects which are
recommended for funding by the legislature, including one copy to the
staff of each of the committees. The list shall include, but not be
limited to, a description of each project and recommended financing,
the terms and conditions of the loan or financial guarantee, the local
government jurisdiction and unemployment rate, demonstration of the
jurisdiction's critical need for the project and documentation of local
funds being used to finance the public works project. The list shall
also include measures of fiscal capacity for each jurisdiction
recommended for financial assistance, compared to authorized limits and
state averages, including local government sales taxes; real estate
excise taxes; property taxes; and charges for or taxes on sewerage,
water, garbage, and other utilities.
(7) The board shall not sign contracts or otherwise financially
obligate funds from the public works assistance account before the
legislature has appropriated funds for a specific list of public works
projects. The legislature may remove projects from the list
recommended by the board. The legislature shall not change the order
of the priorities recommended for funding by the board.
(8) Subsection (7) of this section does not apply to loans made
under RCW 43.155.065, 43.155.068, and subsection (9) of this section.
(9) Loans made for the purpose of capital facilities plans shall be
exempted from subsection (7) of this section.
(10) To qualify for loans or pledges for solid waste or recycling
facilities under this chapter, a city or county must demonstrate that
the solid waste or recycling facility is consistent with and necessary
to implement the comprehensive solid waste management plan adopted by
the city or county under chapter 70.95 RCW.
(11) After January 1, 2010, any project designed to address the
effects of storm water or wastewater on Puget Sound may be funded under
this section only if the project is not in conflict with the action
agenda developed by the Puget Sound partnership under RCW 90.71.310.
Sec. 712 RCW 70.105D.070 and 2010 1st sp.s. c 37 s 942 are each
amended to read as follows:
(1) The state toxics control account and the local toxics control
account are hereby created in the state treasury.
(2) The following moneys shall be deposited into the state toxics
control account: (a) Those revenues which are raised by the tax
imposed under RCW 82.21.030 and which are attributable to that portion
of the rate equal to thirty-three one-hundredths of one percent; (b)
the costs of remedial actions recovered under this chapter or chapter
70.105A RCW; (c) penalties collected or recovered under this chapter;
and (d) any other money appropriated or transferred to the account by
the legislature. Moneys in the account may be used only to carry out
the purposes of this chapter, including but not limited to the
following activities:
(i) The state's responsibility for hazardous waste planning,
management, regulation, enforcement, technical assistance, and public
education required under chapter 70.105 RCW;
(ii) The state's responsibility for solid waste planning,
management, regulation, enforcement, technical assistance, and public
education required under chapter 70.95 RCW;
(iii) The hazardous waste cleanup program required under this
chapter;
(iv) State matching funds required under the federal cleanup law;
(v) Financial assistance for local programs in accordance with
chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) State government programs for the safe reduction, recycling,
or disposal of hazardous wastes from households, small businesses, and
agriculture;
(vii) Hazardous materials emergency response training;
(viii) Water and environmental health protection and monitoring
programs;
(ix) Programs authorized under chapter 70.146 RCW;
(x) A public participation program, including regional citizen
advisory committees;
(xi) Public funding to assist potentially liable persons to pay for
the costs of remedial action in compliance with cleanup standards under
RCW 70.105D.030(2)(e) but only when the amount and terms of such
funding are established under a settlement agreement under RCW
70.105D.040(4) and when the director has found that the funding will
achieve both (A) a substantially more expeditious or enhanced cleanup
than would otherwise occur, and (B) the prevention or mitigation of
unfair economic hardship;
(xii) Development and demonstration of alternative management
technologies designed to carry out the hazardous waste management
priorities of RCW 70.105.150;
(xiii) During the 2009-2011 fiscal biennium, shoreline update
technical assistance; and
(xiv) During the 2009-2011 fiscal biennium, multijurisdictional
permitting teams.
(3) The following moneys shall be deposited into the local toxics
control account: Those revenues which are raised by the tax imposed
under RCW 82.21.030 and which are attributable to that portion of the
rate equal to thirty-seven one-hundredths of one percent.
(a) Moneys deposited in the local toxics control account shall be
used by the department for grants or loans to local governments for the
following purposes in descending order of priority:
(i) Remedial actions;
(ii) Hazardous waste plans and programs under chapter 70.105 RCW;
(iii) Solid waste plans and programs under chapters 70.95, 70.95C,
70.95I, and 70.105 RCW;
(iv) Funds for a program to assist in the assessment and cleanup of
sites of methamphetamine production, but not to be used for the initial
containment of such sites, consistent with the responsibilities and
intent of RCW 69.50.511; and
(v) Cleanup and disposal of hazardous substances from abandoned or
derelict vessels, defined for the purposes of this section as vessels
that have little or no value and either have no identified owner or
have an identified owner lacking financial resources to clean up and
dispose of the vessel, that pose a threat to human health or the
environment.
(b) Funds for plans and programs shall be allocated consistent with
the priorities and matching requirements established in chapters
70.105, 70.95C, 70.95I, and 70.95 RCW, except that ((any applicant that
is a Puget Sound partner, as defined in RCW 90.71.010, along with)) any
project that is referenced in the action agenda developed by the Puget
Sound partnership under RCW 90.71.310, shall((, except as conditioned
by RCW 70.105D.120,)) receive priority for any available funding for
any grant or funding programs or sources that use a competitive bidding
process. During the 2007-2009 fiscal biennium, moneys in the account
may also be used for grants to local governments to retrofit public
sector diesel equipment and for storm water planning and implementation
activities.
(c) To expedite cleanups throughout the state, the department shall
partner with local communities and liable parties for cleanups. The
department is authorized to use the following additional strategies in
order to ensure a healthful environment for future generations:
(i) The director may alter grant-matching requirements to create
incentives for local governments to expedite cleanups when one of the
following conditions exists:
(A) Funding would prevent or mitigate unfair economic hardship
imposed by the clean-up liability;
(B) Funding would create new substantial economic development,
public recreational, or habitat restoration opportunities that would
not otherwise occur; or
(C) Funding would create an opportunity for acquisition and
redevelopment of vacant, orphaned, or abandoned property under RCW
70.105D.040(5) that would not otherwise occur;
(ii) The use of outside contracts to conduct necessary studies;
(iii) The purchase of remedial action cost-cap insurance, when
necessary to expedite multiparty clean-up efforts.
(d) To facilitate and expedite cleanups using funds from the local
toxics control account, during the 2009-2011 fiscal biennium the
director may establish grant-funded accounts to hold and disperse local
toxics control account funds and funds from local governments to be
used for remedial actions.
(4) Except for unanticipated receipts under RCW 43.79.260 through
43.79.282, moneys in the state and local toxics control accounts may be
spent only after appropriation by statute.
(5) Except during the 2009-2011 fiscal biennium, one percent of the
moneys deposited into the state and local toxics control accounts shall
be allocated only for public participation grants to persons who may be
adversely affected by a release or threatened release of a hazardous
substance and to not-for-profit public interest organizations. The
primary purpose of these grants is to facilitate the participation by
persons and organizations in the investigation and remedying of
releases or threatened releases of hazardous substances and to
implement the state's solid and hazardous waste management priorities.
No grant may exceed sixty thousand dollars. Grants may be renewed
annually. Moneys appropriated for public participation from either
account which are not expended at the close of any biennium shall
revert to the state toxics control account.
(6) No moneys deposited into either the state or local toxics
control account may be used for solid waste incinerator feasibility
studies, construction, maintenance, or operation, or, after January 1,
2010, for projects designed to address the restoration of Puget Sound,
funded in a competitive grant process, that are in conflict with the
action agenda developed by the Puget Sound partnership under RCW
90.71.310.
(7) The department shall adopt rules for grant or loan issuance and
performance.
(8) During the 2007-2009 and 2009-2011 fiscal biennia, the
legislature may transfer from the local toxics control account to
either the state general fund or the oil spill prevention account, or
both such amounts as reflect excess fund balance in the account.
(9) During the 2009-2011 fiscal biennium, the local toxics control
account may also be used for a standby rescue tug at Neah Bay, local
government shoreline update grants, private and public sector diesel
equipment retrofit, and oil spill prevention, preparedness, and
response activities.
(10) During the 2009-2011 fiscal biennium, the legislature may
transfer from the state toxics control account to the state general
fund such amounts as reflect the excess fund balance in the account.
Sec. 713 RCW 70.146.070 and 2008 c 299 s 26 are each amended to
read as follows:
(1) When making grants or loans for water pollution control
facilities, the department shall consider the following:
(a) The protection of water quality and public health;
(b) The cost to residential ratepayers if they had to finance water
pollution control facilities without state assistance;
(c) Actions required under federal and state permits and compliance
orders;
(d) The level of local fiscal effort by residential ratepayers
since 1972 in financing water pollution control facilities;
(e) ((Except as otherwise conditioned by RCW 70.146.110, whether
the entity receiving assistance is a Puget Sound partner, as defined in
RCW 90.71.010;)) Whether the project is referenced in the action agenda
developed by the Puget Sound partnership under RCW 90.71.310;
(f)
(((g))) (f) Except as otherwise provided in RCW 70.146.120, and
effective one calendar year following the development and statewide
availability of model evergreen community management plans and
ordinances under RCW 35.105.050, whether the project is sponsored by an
entity that has been recognized, and what gradation of recognition was
received, in the evergreen community recognition program created in RCW
35.105.030;
(((h))) (g) The extent to which the applicant county or city, or if
the applicant is another public body, the extent to which the county or
city in which the applicant public body is located, has established
programs to mitigate nonpoint pollution of the surface or subterranean
water sought to be protected by the water pollution control facility
named in the application for state assistance; and
(((i))) (h) The recommendations of the Puget Sound partnership,
created in RCW 90.71.210, and any other board, council, commission, or
group established by the legislature or a state agency to study water
pollution control issues in the state.
(2) Except where necessary to address a public health need or
substantial environmental degradation, a county, city, or town planning
under RCW 36.70A.040 may not receive a grant or loan for water
pollution control facilities unless it has adopted a comprehensive
plan, including a capital facilities plan element, and development
regulations as required by RCW 36.70A.040. This subsection does not
require any county, city, or town planning under RCW 36.70A.040 to
adopt a comprehensive plan or development regulations before requesting
or receiving a grant or loan under this chapter if such request is made
before the expiration of the time periods specified in RCW 36.70A.040.
A county, city, or town planning under RCW 36.70A.040 which has not
adopted a comprehensive plan and development regulations within the
time periods specified in RCW 36.70A.040 is not prohibited from
receiving a grant or loan under this chapter if the comprehensive plan
and development regulations are adopted as required by RCW 36.70A.040
before submitting a request for a grant or loan.
(3) Whenever the department is considering awarding grants or loans
for public facilities to special districts requesting funding for a
proposed facility located in a county, city, or town planning under RCW
36.70A.040, it shall consider whether the county, city, or town
planning under RCW 36.70A.040 in whose planning jurisdiction the
proposed facility is located has adopted a comprehensive plan and
development regulations as required by RCW 36.70A.040.
(4) After January 1, 2010, any project designed to address the
effects of water pollution on Puget Sound may be funded under this
chapter only if the project is not in conflict with the action agenda
developed by the Puget Sound partnership under RCW 90.71.310.
Sec. 714 RCW 77.85.130 and 2007 c 341 s 36 and 2007 c 257 s 1 are
each reenacted and amended to read as follows:
(1) The salmon recovery funding board shall develop procedures and
criteria for allocation of funds for salmon habitat projects and salmon
recovery activities on a statewide basis to address the highest
priorities for salmon habitat protection and restoration. To the
extent practicable the board shall adopt an annual allocation of
funding. The allocation should address both protection and restoration
of habitat, and should recognize the varying needs in each area of the
state on an equitable basis. The board has the discretion to partially
fund, or to fund in phases, salmon habitat projects. The board may
annually establish a maximum amount of funding available for any
individual project, subject to available funding. No projects required
solely as a mitigation or a condition of permitting are eligible for
funding.
(2)(a) In evaluating, ranking, and awarding funds for projects and
activities the board shall give preference to projects that:
(i) Are based upon the limiting factors analysis identified under
RCW 77.85.060;
(ii) Provide a greater benefit to salmon recovery based upon the
stock status information contained in the department of fish and
wildlife salmonid stock inventory (SASSI), the salmon and steelhead
habitat inventory and assessment project (SSHIAP), and any comparable
science-based assessment when available;
(iii) Will benefit listed species and other fish species;
(iv) Will preserve high quality salmonid habitat;
(v) Are included in a regional or watershed-based salmon recovery
plan that accords the project, action, or area a high priority for
funding; and
(vi) ((Are, except as provided in RCW 77.85.240, sponsored by an
entity that is a Puget Sound partner, as defined in RCW 90.71.010; and)) Are projects referenced in the action agenda developed by
the Puget Sound partnership under RCW 90.71.310.
(vii)
(b) In evaluating, ranking, and awarding funds for projects and
activities the board shall also give consideration to projects that:
(i) Are the most cost-effective;
(ii) Have the greatest matched or in-kind funding;
(iii) Will be implemented by a sponsor with a successful record of
project implementation;
(iv) Involve members of the veterans conservation corps established
in RCW 43.60A.150; and
(v) Are part of a regionwide list developed by lead entities.
(3) The board may reject, but not add, projects from a habitat
project list submitted by a lead entity for funding.
(4) The board shall establish criteria for determining when block
grants may be made to a lead entity. The board may provide block
grants to the lead entity to implement habitat project lists developed
under RCW 77.85.050, subject to available funding. The board shall
determine an equitable minimum amount of project funds for each
recovery region, and shall distribute the remainder of funds on a
competitive basis. The board may also provide block grants to the lead
entity or regional recovery organization to assist in carrying out
functions described under this chapter. Block grants must be expended
consistent with the priorities established for the board in subsection
(2) of this section. Lead entities or regional recovery organizations
receiving block grants under this subsection shall provide an annual
report to the board summarizing how funds were expended for activities
consistent with this chapter, including the types of projects funded,
project outcomes, monitoring results, and administrative costs.
(5) The board may waive or modify portions of the allocation
procedures and standards adopted under this section in the award of
grants or loans to conform to legislative appropriations directing an
alternative award procedure or when the funds to be awarded are from
federal or other sources requiring other allocation procedures or
standards as a condition of the board's receipt of the funds. The
board shall develop an integrated process to manage the allocation of
funding from federal and state sources to minimize delays in the award
of funding while recognizing the differences in state and legislative
appropriation timing.
(6) The board may award a grant or loan for a salmon recovery
project on private or public land when the landowner has a legal
obligation under local, state, or federal law to perform the project,
when expedited action provides a clear benefit to salmon recovery, and
there will be harm to salmon recovery if the project is delayed. For
purposes of this subsection, a legal obligation does not include a
project required solely as a mitigation or a condition of permitting.
(7) Property acquired or improved by a project sponsor may be
conveyed to a federal agency if: (a) The agency agrees to comply with
all terms of the grant or loan to which the project sponsor was
obligated; or (b) the board approves: (i) Changes in the terms of the
grant or loan, and the revision or removal of binding deed of right
instruments; and (ii) a memorandum of understanding or similar document
ensuring that the facility or property will retain, to the extent
feasible, adequate habitat protections; and (c) the appropriate
legislative authority of the county or city with jurisdiction over the
project area approves the transfer and provides notification to the
board.
(8) Any project sponsor receiving funding from the salmon recovery
funding board that is not subject to disclosure under chapter 42.56 RCW
must, as a mandatory contractual prerequisite to receiving the funding,
agree to disclose any information in regards to the expenditure of that
funding as if the project sponsor was subject to the requirements of
chapter 42.56 RCW.
(9) After January 1, 2010, any project designed to address the
restoration of Puget Sound may be funded under this chapter only if the
project is not in conflict with the action agenda developed by the
Puget Sound partnership under RCW 90.71.310.
Sec. 715 RCW 79.105.150 and 2010 1st sp.s. c 37 s 949 are each
amended to read as follows:
(1) After deduction for management costs as provided in RCW
79.64.040 and payments to towns under RCW 79.115.150(2), all moneys
received by the state from the sale or lease of state-owned aquatic
lands and from the sale of valuable material from state-owned aquatic
lands shall be deposited in the aquatic lands enhancement account which
is hereby created in the state treasury. After appropriation, these
funds shall be used solely for aquatic lands enhancement projects; for
the purchase, improvement, or protection of aquatic lands for public
purposes; for providing and improving access to the lands; and for
volunteer cooperative fish and game projects. During the 2009-2011
fiscal biennium, the aquatic lands enhancement account may also be used
for scientific research as part of the adaptive management process.
During the 2009-11 fiscal biennium, the legislature may transfer from
the aquatic lands enhancement account to the state general fund such
amounts as reflect excess fund balance of the account.
(2) In providing grants for aquatic lands enhancement projects, the
recreation and conservation funding board shall:
(a) Require grant recipients to incorporate the environmental
benefits of the project into their grant applications;
(b) Utilize the statement of environmental benefits,
consideration((, except as provided in RCW 79.105.610, of whether the
applicant is a Puget Sound partner, as defined in RCW 90.71.010,)) of
whether a project is referenced in the action agenda developed by the
Puget Sound partnership under RCW 90.71.310, and except as otherwise
provided in RCW 79.105.630, and effective one calendar year following
the development and statewide availability of model evergreen community
management plans and ordinances under RCW 35.105.050, whether the
applicant is an entity that has been recognized, and what gradation of
recognition was received, in the evergreen community recognition
program created in RCW 35.105.030 in its prioritization and selection
process; and
(c) Develop appropriate outcome-focused performance measures to be
used both for management and performance assessment of the grants.
(3) To the extent possible, the department should coordinate its
performance measure system with other natural resource-related agencies
as defined in RCW 43.41.270.
(4) The department shall consult with affected interest groups in
implementing this section.
(5) After January 1, 2010, any project designed to address the
restoration of Puget Sound may be funded under this chapter only if the
project is not in conflict with the action agenda developed by the
Puget Sound partnership under RCW 90.71.310.
Sec. 716 RCW 79A.15.040 and 2008 c 299 s 29 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 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 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 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.
(6) Except as otherwise conditioned by RCW ((79A.15.140 or))
79A.15.150, the board in its evaluating process shall consider the
following in determining distribution priority:
(a) ((Whether the entity applying for funding is a Puget Sound
partner, as defined in RCW 90.71.010;)) Effective one calendar year following the development and
statewide availability of model evergreen community management plans
and ordinances under RCW 35.105.050, whether the entity receiving
assistance has been recognized, and what gradation of recognition was
received, in the evergreen community recognition program created in RCW
35.105.030; and
(b)
(((c))) (b) Whether the project is referenced in the action agenda
developed by the Puget Sound partnership under RCW 90.71.310.
(7) After January 1, 2010, any project designed to address the
restoration of Puget Sound may be funded under this chapter only if the
project is not in conflict with the action agenda developed by the
Puget Sound partnership under RCW 90.71.310.
Sec. 717 RCW 89.08.520 and 2008 c 299 s 27 are each amended to
read as follows:
(1) In administering grant programs to improve water quality and
protect habitat, the commission shall:
(a) Require grant recipients to incorporate the environmental
benefits of the project into their grant applications;
(b) In its grant prioritization and selection process, consider:
(i) The statement of environmental benefits;
(ii) Whether, except as ((conditioned by RCW 89.08.580, the
applicant is a Puget Sound partner, as defined in RCW 90.71.010, and
except as)) otherwise provided in RCW 89.08.590, and effective one
calendar year following the development and statewide availability of
model evergreen community management plans and ordinances under RCW
35.105.050, ((whether)) the applicant is an entity that has been
recognized, and what gradation of recognition was received, in the
evergreen community recognition program created in RCW 35.105.030; and
(iii) Whether the project is referenced in the action agenda
developed by the Puget Sound partnership under RCW 90.71.310; and
(c) Not provide funding, after January 1, 2010, for projects
designed to address the restoration of Puget Sound that are in conflict
with the action agenda developed by the Puget Sound partnership under
RCW 90.71.310.
(2)(a) The commission shall also develop appropriate outcome-focused performance measures to be used both for management and
performance assessment of the grant program.
(b) The commission shall work with the districts to develop uniform
performance measures across participating districts and, to the extent
possible, the commission should coordinate its performance measure
system with other natural resource-related agencies as defined in RCW
43.41.270. The commission shall consult with affected interest groups
in implementing this section.
NEW SECTION. Sec. 718 The following acts or parts of acts are
each repealed:
(1) RCW 43.155.110 (Puget Sound partners) and 2007 c 341 s 25;
(2) RCW 70.105D.120 (Puget Sound partners) and 2007 c 341 s 31;
(3) RCW 70.146.110 (Puget Sound partners) and 2007 c 341 s 27;
(4) RCW 77.85.240 (Puget Sound partners) and 2007 c 341 s 37;
(5) RCW 79.105.610 (Puget Sound partners) and 2007 c 341 s 33;
(6) RCW 79A.15.140 (Puget Sound partners) and 2007 c 341 s 35;
(7) RCW 89.08.580 (Puget Sound partners) and 2007 c 341 s 29;
(8) RCW 90.50A.080 (Puget Sound partners) and 2007 c 341 s 40; and
(9) RCW 90.71.300 (Action agenda -- Goals and objectives) and 2007 c
341 s 12.