H-4424.2          _______________________________________________

                                  HOUSE BILL 2815

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By Representatives Chandler, Mastin, Grant, Chappell, Schoesler, D. Sommers, Morris, Fuhrman, Elliot and Boldt

Read first time 01/22/96.  Referred to Committee on Agriculture & Ecology.

Enhancing and protecting state waters for aquatic life.

     AN ACT Relating to enhancing and better protecting state waters for the benefit of aquatic life in the Columbia and Snake rivers; adding a new section to chapter 90.48 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 90.48 RCW to read as follows:

     The department shall not grant a waiver of the state water quality standards for total dissolved gas without providing at least thirty days prior notice and conducting an adjudicative proceeding under chapter 34.05 RCW and upon the department's finding, based upon clear and convincing evidence presented on the record, that the benefits of granting the waiver outweigh the costs.

NEW SECTION. Sec. 2.  The department of ecology shall prepare a report to the legislature, within thirty days after the effective date of this act:

     (1) Reviewing the best evidence concerning downstream passage of juvenile salmon in the Columbia and Snake rivers, and addressing whether waivers of the state water quality standards for dissolved gas in order to promote passage by spill over dams will improve salmon survival more than transportation;

     (2) Addressing whether granting the waivers to promote spill represents a cost-effective means of assisting salmon in light of alternatives such as transportation, harvest reform, and hatchery reform;

     (3) Identifying specific benefits achieved by Order Nos. DE94-WQ218, DE94-WQ219, and similar orders issued during 1995 granting waivers of the total dissolved gas standards for purposes of promoting spill, and addressing how these orders may be consistent with the state's policy of securing the maximum net benefits for the people of the state set forth in RCW 90.54.020(2); and

     (4) Addressing the adequacy of plans for monitoring gas levels and biological impacts of the waivers in effect during 1995 and planned for 1996, if any.

     The department shall engage independent scientific experts for purposes of preparing this report.

                                    --- END ---