SHB 1304 - H AMD

By Representative ___

On page 2, beginning on line 5, strike all of section 2 and insert the following:

ANEW SECTION. Sec. 2. A new section is added to chapter 77.55 RCW to read as follows:

(1) As an alternative to requiring and issuing individual hydraulic project approvals under RCW 77.55.100, 77.55.110, and 77.55.200, the department may adopt rules that describe approved and disapproved time, manner, locations, methods, or other conditions for conducting hydraulic permits or other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. The conditions for approval or disapproval shall be reasonably necessary for protection of fish life. The rules shall:

(a) Describe the time, manner, locations, methods, or other conditions under which the described activity is approved;

(b) Describe the activity that is exempt from individual hydraulic project approval, if conducted in conformance with the rules;

(c) Be published in pamphlets, which may provide other reasonably necessary information or educational materials designed to aid compliance with the approved time, manner, and methods provided by rule; and

(d) Be provided by the department for free or, when determined by the fish and wildlife commission, for a fee that shall reasonably reflect the cost of publication, preparation, and distribution of the pamphlet.

(2) Rules adopted under this section may require possession of the pamphlet at the hydraulic project activity site or while conducting the activity. Rules adopted under this section must describe an application process which identifies the specific location of the project and any other information deemed necessary for review of the permit. The rules shall be enforced under RCW 77.15.300.

(3) In adopting rules to implement this section, the department shall ensure that this alternative hydraulic project approval is only available for repetitive low-risk permit approval requests for which there are predictable mitigation measures, and that complex projects, or projects that generally require site-specific mitigation measures, will continue to undergo individual hydraulic project approval. Activities which result in significant cumulative impacts to fish within a region will not be eligible for alternative hydraulic project approval. The rules must also include a description of the method that the department will use to track, monitor, and evaluate the projects approved by this alternative process. The rules shall also be written in a fashion, with sufficient detail, to ensure that they are enforceable. The department shall also develop a process for conducting compliance inspections on a random basis to ensure that the program is effective. The fish and wildlife commission shall provide for public review and comment of any candidates for the pamphlet type of approval before committing to final selection.

(4) By September 1, 2001, the department shall establish an advisory committee composed of interested parties to assist in the development and implementation of the alternative permit program. The advisory committee will also make recommendations on additional mechanisms which might be used to create administrative efficiencies while maintaining the effectiveness of the hydraulic project approval program as a whole, such as training, workload allocation, and electronic permitting, as well as explore the need for new resources for the program.

(5) The department shall report to the appropriate legislative committees by January 1, 2003, on the number and type of alternative permit approvals granted under this section. The report shall include information regarding how resources that would have been used to process these alternative permits as individual permits were shifted to more complex projects. The department shall send a final report to the appropriate legislative committees by January, 1, 2005, that includes the number and type of alternative permit approvals granted under this section, information regarding how resources that would have been used to process alternative permits as individual permits were shifted to complex projects, and any recommendations developed under subsection (4) of this section.

(6) After July 1, 2005, no new types of pamphlets covering projects not already authorized for alternative hydraulic approval may be developed by the department under the authority delegated by this section.@