2320-S2 AMH ORCU CALL 031

2SHB 2320 - H AMD

By Representative Orcutt

   On page 3, line 13, after "entities" insert "once the department adopts a management plan under section 8 of this act for the aquatic lands that will be used as compensatory mitigation sites or compensatory mitigation bank sites"

   On page 3, line 25, after "processes" insert ", and the department must adopt a management plan under section 8 of this act for the site"

   On page 6, after line 26, insert the following:

   "NEW SECTION. Sec. 8. (1) The department must develop a management plan for each compensatory mitigation site or compensatory mitigation bank site before assuming management responsibility for a site under this chapter. The management plan must include both:

   (a) Details as to how the necessary amount of funding for the endowment was calculated under section 3 of this act; and

   (b) A detailed plan for the creation, restoration, enhancement, or preservation of the uplands, wetlands, or other aquatic resources on the site.

   (2) As part of the management plan required by this section, the department must, at a minimum, specify where the site is to be located in relation to the project, what management actions will occur on the site, when the actions will occur, and where those actions will occur within the actual site.

   (3) All management plans developed under this section must be agreed to by all appropriate regulatory agencies and, if applicable, the city or county in which the aquatic lands are located and the project sponsor.

   (4) The department may work collaboratively with other public and private entities in the development of management plans under this section. However, any expenses incurred by the department for the development of a management plan is the responsibility of the department and may not be assessed to a sponsor."

   On page 8, line 22, after "through" strike "9" and insert "10"

   Renumber the sections accordingly and correct any internal references.

EFFECT: Prohibits the Department of Natural Resources from collecting money for a compensatory mitigation endowment, or assuming management responsibility of a compensatory mitigation site, until a management plan is developed and agreed to by appropriate regulatory agencies and local entities for the site in question that outlines how the necessary funding was calculated and how enhancement of the site will occur. Specifies that costs associated with the development of a management plan are not to be borne by the sponsor of the project that requires the mitigation.