H‑0673.2   _____________________________________________

 

HOUSE BILL 1447

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Wood, Fisher, Cooper, Hankins, Schoesler, DeBolt, Doumit, Hatfield, Linville, Ogden and Murray

 

Read first time 01/25/2001.  Referred to Committee on Transportation.

_1      AN ACT Relating to environmental mitigation of transportation

_2  projects; and amending RCW 47.12.330.

     

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_4      Sec. 1.  RCW 47.12.330 and 1998 c 181 s 2 are each amended to read

_5  as follows:

_6      For the purpose of environmental mitigation of transportation

_7  projects, the department may acquire or develop, or both acquire

_8  and develop, environmental mitigation sites in advance of the

_9  construction of programmed projects, or in response to

10  programmatic agreements with resource agencies that include but

11  are not limited to chronic repair obligations, emergency

12  maintenance practices, and retrofit projects.  The term "advanced

13  environmental mitigation" means mitigation of adverse impacts upon

14  the environment from transportation projects before their design

15  and construction.  Advanced environmental mitigation consists of the

16  acquisition of property; the acquisition of property, water, or

17  air rights; the development of property for the purposes of

18  improved environmental management; engineering costs necessary for

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_1  such purchase and development; and the use of advanced

_2  environmental mitigation sites to fulfill project environmental

_3  permit requirements.  Advanced environmental mitigation must be

_4  conducted in a manner that is consistent with the definition of

_5  mitigation found in the council of environmental quality

_6  regulations (40 C.F.R. Sec. 1508.20) ((and)), the governor's

_7  executive order on wetlands (EO 90-04), and the alternative

_8  mitigation policy guidance interagency implementation agreement,

_9  as signed on February 10, 2000, by the Washington state

10  departments of ecology, fish and wildlife, and

11  transportation.  Advanced environmental mitigation is for projects

12  approved by the transportation commission as part of the state's

13  six-year plan or included in the state highway system

14  plan.  Advanced environmental mitigation must give consideration to

15  activities related to fish passage, fish habitat, wetlands, and

16  flood management.  Advanced environmental mitigation may also be

17  conducted in partnership with federal, state, or local government

18  agencies, tribal governments, interest groups, or private

19  parties.  Partnership arrangements may include joint acquisition and

20  development of mitigation sites, purchasing and selling mitigation

21  bank credits among participants, and transfer of mitigation site

22  title from one party to another.  Specific conditions of partnership

23  arrangements will be developed in written agreements for each

24  applicable environmental mitigation site.  Advanced mitigation

25  opportunities can be identified in programmatic agreements between

26  the department of transportation and other state agencies.  For the

27  purposes of this section, programmatic agreements are regulatory

28  instruments that respond to the need to streamline permitting

29  processes, conduct required mitigation and address permit

30  conditions on a watershed-ecosystem function basis, and optimize

31  environmental benefits.  Specific conditions of a programmatic

32  agreement will be developed in written agreement for applicable

33  mitigation sites.  All regulating state agencies are to work

34  cooperatively with the department of transportation to develop and

35  implement programmatic agreements to reduce mitigation costs of

36  projects and improve permit streamline activities to achieve

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_1  delivery of the state transportation system in the most effective

_2  and efficient manner possible.

 

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