BP BHEAD INT S [atlas:bill]

AN ACT Relating to wetlands mitigation; adding a new section to chapter 90.74 RCW; adding a new chapter to Title 90 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Approval" of a project that impacts wetlands includes the issuance by any state agency of any regulatory permit, water quality certification, or other regulatory action approving or conditioning the project.

(2) "Compensatory mitigation" means the restoration, creation, or enhancement of wetlands for the purpose of compensating for unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved.

(3) "Department" means the department of ecology.

(4) "Off-site compensatory mitigation" and "off-site mitigation" means compensatory mitigation undertaken at a location other than the project site.

(5) "Project site" means all contiguous real property used or proposed to be used for the project and compensatory mitigation of wetland or other impacts.

(6) "Watershed" means an area identified as a water resource inventory area under WAC 173-500-040 as it exists on the effective date of this section.

NEW SECTION. Sec. 2. DOCUMENTING SEQUENCING OF ALTERNATIVES. The administrative record developed by a state agency approving off-site compensatory mitigation shall document and explain the agency's determination that adverse impacts to wetlands are unavoidable and that all appropriate and practicable avoidance and minimization of impacts has been achieved.

NEW SECTION. Sec. 3. OPERATIONAL STANDARDS FOR OFF-SITE MITIGATION. (1) A state agency approving off-site compensatory mitigation shall:

(a) Require the project proponent to demonstrate financial assurance to fund the cost of monitoring and maintenance of the mitigation site for the operational life of the mitigation site;

(b) Require the project proponent to award the contract for monitoring and site maintenance no later than the date upon which the agency determines the mitigation site construction work to be complete;

(c) Require the project proponent or the proponent's authorized contractor to submit periodic monitoring reports regarding the mitigation site's progress toward meeting mitigation objectives; and

(d) Develop a schedule for the state agency or lead state agency to periodically review monitoring reports, make independent site inspections, and independently assess the mitigation site's progress toward meeting mitigation objectives.

(2) When more than one state agency has regulatory jurisdiction over the approval of a project involving off-site compensatory mitigation, the agencies shall coordinate their responsibilities under this chapter and may designate a lead agency in applying this chapter to a project.

(3) The department may adopt policies to provide further guidance to state agencies in implementing this section.

NEW SECTION. Sec. 4. ASSESSMENT. The department of natural resources shall conduct an assessment of off-site compensatory mitigation projects and submit a report on its findings and recommendations to the appropriate standing committees of the legislature no later than December 31, 2000. The assessment shall include a review of existing studies on the performance of off-site compensatory mitigation in meeting mitigation objectives established in project approvals, and the processes and standards typically used in the state in approving and monitoring such mitigation. The assessment shall also include a review of a representative selection of individual mitigation sites in a variety of ecological settings and geographical areas of the state. State agencies having wetland regulatory responsibilities shall assist the department in the review by providing information on currently operating mitigation sites approved by the agencies. The department shall consult with stakeholder interests, as well as local, state, and federal wetland regulatory agencies in conducting the report.

NEW SECTION. Sec. 5. A new section is added to chapter 90.74 RCW to read as follows:

The departments of ecology and fish and wildlife shall implement this chapter consistent with sections 1 through 3 of this act.

NEW SECTION. Sec. 6. Sections 1 through 3 of this act apply to any state agency approval of a project that impacts wetlands where the approval is made on or after January 1, 2000.

NEW SECTION. Sec. 7. Sections 1 through 3 of this act constitute a new chapter in Title 90 RCW.

NEW SECTION. Sec. 8. Captions used in this act constitute no part of the law.