5632‑S2 AMS FRAS WILB

2SSB 5632 - S AMD - 099

    By Senator Fraser

                                                 WITHDRAWN 3/14/95

    On page 10, line 2, strike everything beginning with "The hydraulic" through "stream" on line 13 and insert the following:

    "(2) The department's approval authority shall be limited to hydraulic projects or other work that: (a) Occurs within the bed, the water column, or within two hundred feet landward in all directions as measured on a horizontal plane from the ordinary high water line; or (b) occurs upland of the area defined in (a) where the work may cause a significant adverse impact to fish life.  The department shall adopt rules by July 1, 1996, providing standards to determine which projects or work under (b) of this subsection shall require approval under this section.  In developing the rules the department shall consult with cities, counties, the construction industry, and other interested parties.  The rules shall include a procedure by which a project proponent may receive a determination by the department of the applicability of (b) of this subsection within ten days of receipt of information from the proponent about the project or work.

(3)"

    Renumber subsections consecutively

2SSB 5632 - S AMD

    By Senator Fraser

    On page 13, line 4, delete everything beginning with "The  hydraulic" through "stream" on line 15 and insert the following:

    "(2) The department's approval authority shall be limited to hydraulic projects or other work that: (a) Occurs within the bed, the water column, or within two hundred feet landward in all directions as measured on a horizontal plane from the ordinary high water line; or (b) occurs upland of the area defined in (a) where the work may cause a significant adverse impact to fish life.  The department shall adopt rules by July 1, 1996, providing standards to determine which projects or work under (b) of this subsection shall require approval under this section.  In developing the rules the department shall consult with cities, counties, the construction industry, and other interested parties.  The rules shall include a procedure by which a project proponent may receive a determination by the department of the applicability of (b) of this subsection within ten days of receipt of information from the proponent about the project or work.

(3)"

Renumber subsections consecutively

2SSB 5632 - S AMD

    By Senator Fraser

    On page 16, after line 6, insert the following new section:

NEW SECTION. Sec. 10.  A new section is added to chapter 75.20 RCW to read as follows:

    The director may enter into a memorandum of understanding, under such terms and conditions as the director deems appropriate, with a county, city, or town authorizing the county, city, or town to approve all or designated categories of projects or work described in subsection (2)(b) of section 8 and subsection (2)(b) of section 9 of this act, consistent with the procedures and standards required by this chapter and the department's rules to implement this chapter.  The memorandum may include a provision authorizing the department to review actions taken by a county, city, or town under the agreement.  The memorandum shall include a provision authorizing the department to terminate the agreement if it determines that the county, city, or town is not complying with the terms of the agreement.