Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1. Passenger-only ferry service is the fastest way to get boats on the water and build the capacity necessary to respond to Washington state ferries' service disruptions, which will alleviate the negative impacts that those disruptions and cancellations have on the people of Washington state. Increased passenger-only ferry service will also ensure reliable access to health care, education, and work for communities that are dependent on ferry service.

Bolstering passenger-only ferry capacity ahead of the FIFA world cup will help to ensure its success and bridge the gap in ferry capacity before the next Washington state ferries procurement cycle puts boats in the water. This will help tourism-dependent small businesses across the state, while honoring our state's commitment to environmental progress and helping Washingtonians travel and connect without driving. Increased passenger-only ferry service will also support workforce development, by creating a workforce pipeline of hard-working mariners who can upgrade their licenses to take on larger vessels, including Washington state ferries and private sector opportunities.

The legislature, therefore, finds that additional passenger-only ferry service is necessary in order to improve the lives of all Washingtonians, while also honoring Washington's maritime heritage and the original mosquito fleet that helped build the Washington we love. 

Sec. 2. RCW 36.57A.222 and 2015 3rd sp.s. c 44 s 313 are each amended to read as follows:

(1) A governing body of a county under this title, a port district under Title 53 RCW, a public transportation benefit area((, located in a county that only borders the western side of Puget Sound with a population of more than two hundred thousand and contains one or more Washington state ferries terminals))under this chapter, a city transit system under RCW 35.58.2721, a county transportation authority under chapter 36.57 RCW, a metropolitan municipal corporation transit system under chapter 36.56 RCW, an unincorporated transportation benefit area under RCW 36.57.100, or a regional transit authority under chapter 81.112 RCW, that borders Puget Sound or Grays Harbor, may establish one or more passenger-only ferry service districts within all or a portion of the boundaries of the ((public transportation benefit area))entity establishing the passenger-only ferry service district. A passenger-only ferry service district may include all or a portion of a city or town as long as all or a portion of the city or town boundaries are within the boundaries of the establishing ((public transportation benefit area))entity. The members of the ((public transportation benefit area)) governing body of the entity proposing to establish the passenger-only ferry service district, acting ex officio and independently, constitutes the governing body of the passenger-only ferry service district.

(2) A passenger-only ferry service district may establish, finance, and provide passenger-only ferry service, and associated services to support and augment passenger-only ferry service operation, within its boundaries in the same manner as authorized for ((public transportation benefit areas under this chapter))the entity establishing the district.

(3) A passenger-only ferry service district constitutes a body corporate and possesses all the usual powers of a corporation for public purposes as well as all other powers that may be conferred by statute including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, to acquire, hold, and dispose of real and personal property, and to sue and be sued. Public works contract limits applicable to the ((public transportation benefit area))entity that established the passenger-only ferry service district apply to the district. For purposes of this section, "passenger-only ferry service district" means a quasi-municipal corporation and independent taxing authority within the meaning of Article VII, section 1 of the state Constitution, and a taxing district within the meaning of Article VII, section 2 of the state Constitution, created by the ((legislative))governing body of a county under this title, a port district under Title 53 RCW, a public transportation benefit area under this chapter, a city transit system under RCW 35.58.2721, a county transportation authority under chapter 36.57 RCW, a metropolitan municipal corporation transit system under chapter 36.56 RCW, an unincorporated transportation benefit area under RCW 36.57.100, or a regional transit authority under chapter 81.112 RCW.

(4) Before a passenger-only ferry service district may provide passenger-only ferry service, it must develop a passenger-only ferry investment plan, including elements: To operate or contract for the operation of passenger-only ferry services; to purchase, lease, or rent ferry vessels and dock facilities for the provision of transit service; and to identify other activities necessary to implement the plan. The plan must set forth terminal locations to be served, projected costs of providing services, and revenues to be generated from tolls, locally collected tax revenues, and other revenue sources. The plan must ensure that services provided under the plan are for the benefit of the residents of the passenger-only ferry service district. The passenger-only ferry service district may use any of its powers to carry out this purpose, unless otherwise prohibited by law. In addition, the passenger-only ferry service district may enter into: Contracts and agreements to operate passenger-only ferry service; public-private partnerships; and design-build, general contractor/construction management, or other alternative procurement processes substantially consistent with chapter 39.10 RCW.

(5) A passenger-only ferry service district may be dissolved by a majority vote of the governing body when all obligations under any general obligation bonds issued by the passenger-only ferry service district have been discharged and any other contractual obligations of the passenger-only ferry service district have either been discharged or assumed by another governmental entity.

Sec. 3. RCW 77.15.740 and 2023 c 452 s 2 are each amended to read as follows:

(1) Beginning January 1, 2025, except as provided in subsection (2) of this section, it is unlawful for a person to:

(a) Cause a vessel or other object to approach, in any manner, within 1,000 yards of a southern resident orca;

(b) Position a vessel to be in the path of a southern resident orca at any point located within 1,000 yards of the whale. This includes intercepting a southern resident orca by positioning a vessel so that the prevailing wind or water current carries the vessel into the path of the whale at any point located within 1,000 yards of the whale;

(c) Position a vessel behind a southern resident orca at any point located within 1,000 yards;

(d) Fail to disengage the transmission of a vessel that is within 400 yards of a southern resident orca;

(e) Cause a vessel or other object to exceed a speed greater than seven knots over ground at any point located within 1,000 yards of a southern resident orca; or

(f) Feed a southern resident orca.

(2) A person is exempt from subsection (1) of this section if that person is:

(a) Operating a federal government vessel in the course of official duties, or operating a state, tribal, or local government vessel when engaged in official duties involving law enforcement, search and rescue, or public safety;

(b) Operating a vessel in conjunction with a vessel traffic service as a vessel traffic service user established under 33 C.F.R. and following a traffic separation scheme, or complying with a vessel traffic service or captain of the port measure or direction, or complying with the rules of the road or taking actions to ensure safety. This also includes vessel transits departing the lanes for safety reasons or to approach or depart a dock or anchorage area, including support vessels escorting or assisting vessels, such as tug boats;

(c) Engaging in an activity, including scientific research or oil spill response, pursuant to the conditions of a permit or other authorization from the national marine fisheries service or the department;

(d) Lawfully engaging in a treaty Indian or commercial fishery that is actively setting, retrieving, or closely tending fishing gear. Commercial fishing vessels in transit are not exempt from subsection (1) of this section;

(e) Conducting vessel operations necessary to avoid an imminent and serious threat to a person, vessel, or the environment, including when necessary for overall safety of navigation and to comply with state and federal navigation requirements; or

(f) Engaging in rescue or clean-up efforts of a beached southern resident orca overseen, coordinated, or authorized by a volunteer stranding network.

(3) In order to encourage the expansion and support of passenger-only ferry service and avoid damage to passenger-only ferry vessels, and notwithstanding subsection (2) of this section, passenger-only ferry service district vessels established under RCW 36.57A.222 are required to comply with subsection (1) of this section. In the course of investigating or pursuing an enforcement action against a passenger-only ferry service district vessel under subsection (1) of this section, the department may also investigate and enforce any violations of the required measures in RCW 36.57A.222(6) to minimize disturbance of southern resident orcas and other cetaceans.

(4) For the purpose of this section, "vessel" includes aircraft while on the surface of the water, and every description of watercraft on the water that is used or capable of being used as a means of transportation on the water. However, "vessel" does not include inner tubes, air mattresses, sailboards, and small rafts, or flotation devices or toys customarily used by swimmers.

(((4)))(5)(a) A violation of this section is a natural resource infraction punishable under chapter 7.84 RCW and carries a fine of five hundred dollars, not including statutory assessments added pursuant to RCW 3.62.090.

(b) A person who qualifies for an exemption under subsection (2) of this section may offer that exemption as an affirmative defense, which that person must prove by a preponderance of the evidence.

(c) The department may choose to offer educational materials in lieu of issuing an infraction, at the officer's discretion.

(d) An officer may not issue an infraction to the operator of a vessel that is within 400 yards of a southern resident orca who has immediately disengaged the transmission of the vessel pursuant to subsection (1)(d) of this section and waits for the whale to leave the vicinity.

(((5)))(6) The department must post signs at public boat launches and marinas that provide information regarding the vessel setbacks and speed limits required by this section. However, the requirements of this section apply whether or not a sign is present and the absence of a sign is not a defense to any violation of this section.

(((6)))(7) The department shall conduct outreach and education regarding regulations and best practices for recreational boating in waters inhabited by southern resident orcas, including best practices for avoiding or minimizing encounters closer than 1,000 yards from a southern resident orca consistent with the recommendations of the work group established in section 6, chapter 452, Laws of 2023. This may include the advancement and proliferation of tools for notifying boaters of southern resident orca presence, identifying orca ecotypes, and estimating distance on the water.

(((7)))(8) If the operator of a motorized commercial whale watching vessel enters within 1,000 yards of a group of southern resident orcas, after taking reasonable measures to determine whether the whales are southern resident orcas, and then identifies the whales as southern resident orcas, the operator must:

(a) Immediately safely reposition the vessel to be 1,000 yards or farther from the southern resident orcas; and

(b) Immediately after repositioning the vessel, report the location of the southern resident orca or orcas to the WhaleReport application for the whale report alert system, or to a successor transboundary notification system designated by the department that is adopted by the international shipping community in the Salish Sea.

(((8)))(9) The operator of a motorized commercial whale watching vessel may voluntarily log the incident, including measures taken to determine whether the whales were southern resident orcas, and submit the log to the department within 24 hours of the incident.

Correct the title.