[atlas:bill]

AN ACT Relating to processing and compliance with hydraulic project approvals; amending RCW 77.15.300; adding new sections to chapter 77.55 RCW; and repealing RCW 77.15.140.

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

NEW SECTION. Sec. 1. A new section is added to chapter 77.55 RCW to read as follows:

The department must annually establish service levels for the processing and monitoring of hydraulic project applications and approvals under this chapter. The service levels must include minimum goals as follows:

(1) Performing a field visit for a minimum of fifty percent of the applications filed;

(2) Performing a field visit following completion of work under the approval to ensure compliance with conditions in the approval and performance of any required mitigation work, for a minimum of fifty percent of the approvals for which work is completed; and

(3) Making decisions upon all completed applications within the applicable deadlines required under this chapter.

By December 31st of each year, the department must report to the office of financial management and the fish and wildlife standing committees of the senate and house of representatives concerning its estimates of expected applications during the succeeding calendar year and resources necessary to meet the service levels established for the year.

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

The department must establish procedures to track the status of applications and approvals under this chapter. The procedures must facilitate the department's compliance with the service level goals established under section 1 of this act. The department must make available to the public information regarding the status of applications and approvals, including a register that is accessible electronically through the worldwide web or other electronic network.

NEW SECTION. Sec. 3. A new section is added to chapter 77.55 RCW to read as follows:

When an approval issued under this chapter is conditioned upon the completion of compensatory mitigation for unavoidable impacts to fish habitat, the department must ensure by field inspection or other effective means that the mitigation objectives are substantially achieved prior to commencing construction or activities under the hydraulic project approval.

NEW SECTION. Sec. 4. A new section is added to chapter 77.55 RCW to read as follows:

The department must adopt financial requirements that include performance bonding or other mechanisms that are required as a condition of approval under this chapter to ensure a source of funding for completing mitigation projects and achieving mitigation objectives when compensatory mitigation is required under an approval and the applicant does not timely meet such conditions.

NEW SECTION. Sec. 5. A new section is added to chapter 77.55 RCW to read as follows:

(1) If any person or government agency fails to follow the requirements of obtaining a hydraulic project approval under this chapter or fails to carry out any of the requirements or conditions of a hydraulic project approval issued under this chapter, the department may issue an order to that person or government agency. The order may require the person or government agency to stop work on any or all of the activities subject to the hydraulic project approval, to correct or to restore the nonconforming site, or to both stop work and to correct or to restore the nonconforming site. Within twenty days of service of such an order or as provided by rule of the department extending the time, the person may file a written petition with the department appealing the order, and this petition must be treated as an application for an adjudicative proceeding under chapter 34.05 RCW. In the event of an appeal, a person or government agency may seek interim relief from an order under this section as provided in chapter 34.05 RCW.

(2) The department may adopt rules to designate that certain violations of the terms or conditions of a hydraulic project approval are an infraction to be punished as provided by RCW 77.15.160. Any punishment under chapter 77.15 RCW is supplemental to the remedy provided by subsection (1) of this section.

Sec. 6. RCW 77.15.300 and 2000 c 107 s 239 are each amended to read as follows:

(1) A person is guilty of unlawfully undertaking hydraulic project activities if the person:

(a) Constructs any form of hydraulic project or performs other work on a hydraulic project and((:

~~(a)~~)) fails to have a hydraulic project approval required under chapter 77.55 RCW for such construction or work; ((or))

(b) Violates any requirements or conditions of the hydraulic project approval for such construction or work;

(d) Violates any rule governing hydraulic project activities addressed in a pamphlet that serves as a hydraulic project approval.

(2) Unlawfully undertaking hydraulic project activities is a gross misdemeanor.

NEW SECTION. Sec. 7. RCW 77.15.140 (Unclassified fish or wildlife--Unlawful taking--Penalty) and 1998 c 190 s 15 are each repealed.