BP BHEAD INT S [atlas:bill]

AN ACT Relating to providing guidance in developing habitat conservation plans and similar endangered species agreements; and adding a new chapter to Title 77 RCW.

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

NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) Habitat conservation plans and similar agreements authorized under the federal endangered species act may benefit all Washington citizens by providing new measures for the protection and recovery of federally listed species in the state while at the same time providing for greater certainty regarding the responsibilities of land and water managers and others entering these agreements;

(b) These agreements, however, may not encompass all activities and persons who may be affected by endangered species act listings in a region or watershed, raising the potential that in the case of multiple agreements covering the same listed species in a region, or some activities and residents being included in the agreements while others are not, there may be inconsistent and unfair restrictions applicable to similarly situated land managers, residents, or other persons affected by the listings;

(c) The federal endangered species act provides a substantial role for states and subdivisions of states through the agreements to provide the certainty and flexibility benefits of these agreements to citizens residing within the geographic scope of the agreement; and

(d) It is the responsibility of the state and its subdivisions to seek to act in accordance with the broad public interest and to seek to fairly distribute the burden of restrictions as well as the benefits which may accrue under habitat conservation plans and similar agreements.

(2) It is the purpose of this chapter to provide policy guidance to state and local government representatives in the development of habitat conservation plans or similar agreements to which the state or its subdivisions will be a party, to ensure maximum fairness and consistency in the treatment of citizens affected by these agreements.

NEW SECTION. Sec. 2. The policies and procedures provided in sections 3 and 4 of this act apply to all state agencies, general purpose local governments, and special purpose districts when participating in the development of habitat conservation plans or comparable agreements providing for commitments to protective measures for species listed or proposed for listing under the federal endangered species act by the parties to the agreement. When the term "local government" is used in this chapter, it includes both general purpose local governments and special purpose districts. When the terms "habitat conservation plans" and "agreement" are used in this chapter, they include plans and other comparable agreements authorized by the federal endangered species act providing for the protection and recovery of listed species or candidates for listing.

NEW SECTION. Sec. 3. State and local government representatives participating in the development of habitat conservation plans shall ensure early and meaningful opportunity for public participation, commensurate with the geographic scope and the scope of parties and activities intended to be covered by the agreement. At a minimum, at least one public hearing shall be held on the proposed agreement in a location convenient to the public most directly affected by the proposal. Multiple state and local agencies participating in the development of an agreement may jointly coordinate the public participation element.

NEW SECTION. Sec. 4. State and local government representatives are to be guided by the following principles in negotiating and entering habitat conservation plans and comparable agreements authorized under the federal endangered species act:

(1) The agreements should cover as many lands and activities as possible that relate to the protection and recovery of a listed or candidate species, to avoid unfairness and inconsistencies that may arise with multiple agreements addressing the same species but covering different parties, activities, or geographic areas;

(2) Where more than one agreement is under development with different parties, state and local agency representatives should advocate for consistent recovery goals and standards to be applicable to similarly situated parties in the agreements;

(3) Recognizing the difficulty in achieving the twin policy objectives of "no surprises" for landowners and at the same time providing flexibility to address unanticipated species protection needs, there should be provision for amending the agreement in the future when additional protective measures are critical for species survival; and

(4) The standards for reopening agreements to address unanticipated species protection needs should be tiered to provide fewer opportunities for reopening agreements where the duration of the agreement is relatively brief, such as twenty-five years or less, and providing more opportunities for reopening agreements where the term of the agreement is longer.

NEW SECTION. Sec. 5. The governor shall issue model guidelines for use by state and local agency representatives when participating in the development of habitat conservation plan agreements. The guidelines shall be consistent with those stated in section 4 of this act, but may provide greater detail and may address additional topics.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 77 RCW.