Salmon recovery maintenance

AN ACT Relating to maintenance for salmon recovery projects; 1
amending RCW 77.85.130; and adding a new section to chapter 77.85 2
RCW. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 77.85.130 and 2011 c 20 s 16 are each amended to 5
read as follows: 6
(1) The salmon recovery funding board shall develop procedures 7
and criteria for allocation of funds for salmon habitat projects and 8
salmon recovery activities on a statewide basis to address the 9
highest priorities for salmon habitat protection and restoration. To 10
the extent practicable the board shall adopt an annual allocation of 11
funding. The allocation should address both protection and 12
restoration of habitat, and should recognize the varying needs in 13
each area of the state on an equitable basis. The board has the 14
discretion to partially fund, or to fund in phases, salmon habitat 15
projects. The board may annually establish a maximum amount of 16
funding available for any individual project, subject to available 17
funding. No projects required solely as a mitigation or a condition 18
of permitting are eligible for funding. 19
(2)(a) In evaluating, ranking, and awarding funds for projects 20
and activities the board shall give preference to projects that:21
S-0770.1
SENATE BILL 5475
State of Washington 69th Legislature 2025 Regular Session
By Senators Dozier, McCune, and Schoesler
Read first time 01/24/25. Referred to Committee on Local Government.
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(i) Are based upon the limiting factors analysis identified under 1
RCW 77.85.060; 2
(ii) Provide a greater benefit to salmon recovery based upon the 3
stock status information contained in the department of fish and 4
wildlife salmonid stock inventory (SASSI), the salmon and steelhead 5
habitat inventory and assessment project (SSHIAP), and any comparable 6
science-based assessment when available; 7
(iii) Will benefit listed species and other fish species;8
(iv) Will preserve high quality salmonid habitat;9
(v) Are included in a regional or watershed-based salmon recovery 10
plan that accords the project, action, or area a high priority for 11
funding; 12
(vi) Are, except as provided in RCW 77.85.240, sponsored by an 13
entity that is a Puget Sound partner, as defined in RCW 90.71.010; 14
and 15
(vii) Are projects referenced in the action agenda developed by 16
the Puget Sound partnership under RCW 90.71.310. 17
(b) In evaluating, ranking, and awarding funds for projects and 18
activities the board shall also give consideration to projects that:19
(i) Are the most cost-effective; 20
(ii) Have the greatest matched or in-kind funding;21
(iii) Will be implemented by a sponsor with a successful record 22
of project implementation; 23
(iv) Involve members of the Washington conservation corps 24
established in chapter 43.220 RCW or the veterans conservation corps 25
established in RCW 43.60A.150; ((and))26
(v) Are part of a regionwide list developed by lead entities; and27
(vi) Include a plan for ongoing maintenance or other methods for 28
ensuring long-term effectiveness of the project. 29
(3) The board may reject, but not add, projects from a habitat 30
project list submitted by a lead entity for funding.31
(4) The board shall establish criteria for determining when block 32
grants may be made to a lead entity. The board may provide block 33
grants to the lead entity to implement habitat project lists 34
developed under RCW 77.85.050, subject to available funding. The 35
board shall determine an equitable minimum amount of project funds 36
for each recovery region, and shall distribute the remainder of funds 37
on a competitive basis. The board may also provide block grants to 38
the lead entity or regional recovery organization to assist in 39
carrying out functions described under this chapter , including 40
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funding for ongoing maintenance of habitat projects to ensure long-1
term effectiveness. Block grants must be expended consistent with the 2
priorities established for the board in subsection (2) of this 3
section. Lead entities or regional recovery organizations receiving 4
block grants under this subsection shall provide an annual report to 5
the board summarizing how funds were expended for activities 6
consistent with this chapter, including the types of projects funded, 7
project outcomes, monitoring results, and administrative costs.8
(5) The board may waive or modify portions of the allocation 9
procedures and standards adopted under this section in the award of 10
grants or loans to conform to legislative appropriations directing an 11
alternative award procedure or when the funds to be awarded are from 12
federal or other sources requiring other allocation procedures or 13
standards as a condition of the board's receipt of the funds. The 14
board shall develop an integrated process to manage the allocation of 15
funding from federal and state sources to minimize delays in the 16
award of funding while recognizing the differences in state and 17
legislative appropriation timing. 18
(6) The board may award a grant or loan for a salmon recovery 19
project on private or public land when the landowner has a legal 20
obligation under local, state, or federal law to perform the project, 21
when expedited action provides a clear benefit to salmon recovery, 22
and there will be harm to salmon recovery if the project is delayed. 23
For purposes of this subsection, a legal obligation does not include 24
a project required solely as a mitigation or a condition of 25
permitting. 26
(7) Property acquired or improved by a project sponsor may be 27
conveyed to a federal agency if: (a) The agency agrees to comply with 28
all terms of the grant or loan to which the project sponsor was 29
obligated; or (b) the board approves: (i) Changes in the terms of the 30
grant or loan, and the revision or removal of binding deed of right 31
instruments; and (ii) a memorandum of understanding or similar 32
document ensuring that the facility or property will retain, to the 33
extent feasible, adequate habitat protections; and (c) the 34
appropriate legislative authority of the county or city with 35
jurisdiction over the project area approves the transfer and provides 36
notification to the board. 37
(8) Any project sponsor receiving funding from the salmon 38
recovery funding board that is not subject to disclosure under 39
chapter 42.56 RCW must, as a mandatory contractual prerequisite to 40
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receiving the funding, agree to disclose any information in regards 1
to the expenditure of that funding as if the project sponsor was 2
subject to the requirements of chapter 42.56 RCW. 3
(9) After January 1, 2010, any project designed to address the 4
restoration of Puget Sound may be funded under this chapter only if 5
the project is not in conflict with the action agenda developed by 6
the Puget Sound partnership under RCW 90.71.310. 7
NEW SECTION. Sec. 2. A new section is added to chapter 77.85 8
RCW to read as follows: 9
The salmon recovery project maintenance account is created in the 10
state treasury. All receipts from funds provided by the legislature 11
for dedicated long-term maintenance for salmon recovery projects must 12
be deposited in the account. Moneys in the account may be spent only 13
after appropriation. The legislature intends to provide an amount 14
equal to one percent of total funds provided for salmon recovery 15
projects for long-term ongoing maintenance of projects. Expenditures 16
from the account may be used for maintenance of salmon recovery and 17
habitat projects to ensure the habitat benefits of those projects are 18
maintained over time. 19
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