CERTIFICATION OF ENROLLMENT

 

                        SENATE BILL 6305

 

 

                   Chapter 276, Laws of 1996

 

 

                        54th Legislature

                      1996 Regular Session

 

 

       HYDRAULIC PROJECTS--OFF-SITE MITIGATION PROPOSALS

 

 

                    EFFECTIVE DATE:  6/6/96

Passed by the Senate February 6, 1996

  YEAS 47   NAYS 0

 

 

 

            JOEL PRITCHARD

President of the Senate

 

Passed by the House February 28, 1996

  YEAS 94   NAYS 0

             CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6305 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

             MARTY BROWN

                            Secretary

 

 

Approved March 29, 1996 Place Style On Codes above, and Style Off Codes below.

                                FILED          

 

 

           March 29, 1996 - 4:59 p.m.

 

 

 

              MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                         SENATE BILL 6305

          _______________________________________________

 

             Passed Legislature - 1996 Regular Session

 

State of Washington      54th Legislature     1996 Regular Session

 

By Senator Drew

 

Read first time 01/11/96.  Referred to Committee on Natural Resources.

 

Authorizing approval of off-site mitigation proposals for hydraulic projects.


    AN ACT Relating to off-site mitigation proposals for hydraulic projects; amending RCW 75.20.130; and adding a new section to chapter 75.20 RCW.

 

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

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 75.20 RCW to read as follows:

    The legislature finds that the construction of hydraulic projects may require mitigation for the protection of fish life, and that the mitigation may be most cost effective and provide the most benefit to the fish resource if the mitigation is allowed to be applied in locations that are off-site of the hydraulic project location.  The department may approve off-site mitigation plans that are submitted by hydraulic project applicants.

    If a hydraulic project permit applicant proposes off-site mitigation and the department does not approve the hydraulic permit or conditions the permit approval in such a manner as to render off-site mitigation unpracticable, the hydraulic project proponent must be given the opportunity to submit the hydraulic project application to the hydraulic appeals board for approval.

 

    Sec. 2.  RCW 75.20.130 and 1993 sp.s. c 2 s 37 are each amended to read as follows:

    (1) There is hereby created within the environmental hearings office under RCW 43.21B.005 the hydraulic appeals board of the state of Washington.

    (2) The hydraulic appeals board shall consist of three members:  The director of the department of ecology or the director's designee, the director of the department of agriculture or the director's designee, and the director or the director's designee of the department whose action is appealed under subsection (6) of this section.  A decision must be agreed to by at least two members of the board to be final.

    (3) The board may adopt rules necessary for the conduct of its powers and duties or for transacting other official business.

    (4) The board shall make findings of fact and prepare a written decision in each case decided by it, and that finding and decision shall be effective upon being signed by two or more board members and upon being filed at the hydraulic appeals board's principal office, and shall be open to public inspection at all reasonable times.

    (5) The board has exclusive jurisdiction to hear appeals arising from the approval, denial, conditioning, or modification of a hydraulic approval issued by the department:  (a) Under the authority granted in RCW 75.20.103 for the diversion of water for agricultural irrigation or stock watering purposes or when associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020; or (b) under the authority granted in section 1 of this act for off-site mitigation proposals.

    (6)(a) Any person aggrieved by the approval, denial, conditioning, or modification of a hydraulic approval pursuant to RCW 75.20.103 may seek review from the board by filing a request for the same within thirty days of notice of the approval, denial, conditioning, or modification of such approval.

    (b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings.


    Passed the Senate February 6, 1996.

    Passed the House February 28, 1996.

Approved by the Governor March 29, 1996.

    Filed in Office of Secretary of State March 29, 1996.