CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 2285
Chapter 255, Laws of 2018
65th Legislature
2018 Regular Session
MARBLED MURRELET HABITAT INFORMATION--REPORT
EFFECTIVE DATE: June 7, 2018
ENGROSSED SUBSTITUTE HOUSE BILL 2285
AS AMENDED BY THE SENATE
Passed Legislature - 2018 Regular Session
State of Washington
65th Legislature
2018 Regular Session
By House Agriculture & Natural Resources (originally sponsored by Representatives Chapman, Tarleton, Lytton, Tharinger, Blake, and Appleton)
READ FIRST TIME 01/19/18.
AN ACT Relating to establishing a reporting process for the department of natural resources regarding certain marbled murrelet habitat information; adding new sections to chapter 43.30 RCW; creating a new section; and providing a contingent expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1.  (1) The legislature finds that the 1997 state trust lands habitat conservation plan and the proposed amendment related to the conservation of the marbled murrelet, which provide certainty for beneficiaries of affected state lands and state forestlands, present an important and ongoing issue for the people of the state of Washington. The legislature further finds that complying with the endangered species act is a necessary aspect of managing state trust lands. The lands that are the subject of the 1997 habitat conservation plan are held by the state in trust for the trust beneficiaries, and the proposed amendment to the 1997 state trust lands habitat conservation plan presents an opportunity for the legislature to engage in its role as a fiduciary of those lands.
(2) The legislature intends that the process set forth in this act will serve as a model for future processes in the event that there are any subsequent amendments to the 1997 state trust lands habitat conservation plan beyond those envisioned in this act.
NEW SECTION.  Sec. 2.  A new section is added to chapter 43.30 RCW under the subchapter heading "powers and duties--general" to read as follows:
(1)(a) By December 1, 2018, and each December 1st until the year after the United States fish and wildlife service issues an incidental take permit on the state trust land habitat conservation plan for the long-term conservation strategy for the marbled murrelet, the department must provide a report to the legislature, consistent with RCW 43.01.036, as required in this section.
(b) No fewer than ninety days before submitting the report to the legislature as described in this section, the department must first submit a draft of the report for review and comment to the chair and ranking member of the committees of the house of representatives and senate with jurisdiction over state trust lands management.
(c) Each regular legislative session, the standing committee with jurisdiction over state trust land management from the house of representatives and senate must each hold a meeting, which may be held as a joint meeting, on the report required in this section and the habitat conservation plan update process.
(2) The report required in this section must annually include an economic analysis of potential losses or gains from any proposed marbled murrelet long-term conservation strategy selected by the board of natural resources, forwarded to or approved by the United States fish and wildlife service, and subsequently adopted by the board.
(3) The initial report required under this section must also include recommendations relating to the following, to be updated as appropriate in subsequent reports:
(a) Actions that support maintaining or increasing family-wage timber and related jobs in the affected rural communities, taking into account, as appropriate, the role of other market factors;
(b) Strategies to ensure no net loss of revenues to the trust beneficiaries due to the implementation of additional marbled murrelet conservation measures;
(c) Additional means of financing county services; and
(d) Additional reasonable, incentive-based, nonregulatory conservation measures for the marbled murrelet that also provide economic benefits to rural communities.
NEW SECTION.  Sec. 3.  A new section is added to chapter 43.30 RCW under the subchapter heading "powers and duties--general" to read as follows:
(1) To assist the department in developing and providing the report to the legislature required in section 2 of this act, the commissioner must appoint a marbled murrelet advisory committee.
(2) The marbled murrelet advisory committee may include one or more representatives from the following categories:
(a) State trust lands beneficiaries;
(b) Impacted state forestlands beneficiaries, including counties;
(c) Junior taxing districts;
(d) Environmental organizations;
(e) Local governments or an association representing local governments;
(f) Milling interests or an association representing milling interests;
(g) Private forest landowners or a statewide association representing private forest landowners; and
(h) Local public interest groups.
(3) The advisory committee required under this section may consult with relevant state and federal agencies and tribes.
NEW SECTION.  Sec. 4.  (1) Sections 2 and 3 of this act expire at the end of the calendar year following the issuance by the United States fish and wildlife service of an incidental take permit on the long-term conservation strategy for the marbled murrelet under the state trust lands habitat conservation plan and subsequent adoption by the board of natural resources.
(2) The department of natural resources must notify the chief clerk of the house of representatives, the secretary of the senate, and the office of the code reviser when the conditional expiration date of sections 1 and 2 of this act is satisfied.
Passed by the House March 6, 2018.
Passed by the Senate March 2, 2018.
Approved by the Governor March 23, 2018.
Filed in Office of Secretary of State March 26, 2018.
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