BILL REQ. #:  H-1653.1 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to the authority of state agencies to enter into agreements with the federal government under the endangered species act; adding a new section to chapter 77.12 RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 43.21A RCW; and adding a new section to chapter 79A.05 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.12 RCW to read as follows:
     (1) Before the department seeks or dedicates funding to develop a new habitat conservation plan under the endangered species act, 16 U.S.C. Sec. 1531 et seq., or to develop a major amendment to an existing habitat conservation plan, the department must consult with the appropriate committees of the legislature and solicit the suggestions and recommendations of the committees.
     (2) Consultation with the legislature under this section must include the provision of information relating the proposed habitat conservation plan or major amendments and an offer to publicly brief the appropriate legislative committees on the plan or amendments. The information provided must include, at a minimum:
     (a) The purpose and rationale of the habitat conservation plan or amendments;
     (b) The activities and species to be covered by the habitat conservation plan;
     (c) The timeline and scope of the habitat conservation plan; and
     (d) The planned public process for habitat conservation plan development.
     (3) The department and the legislative committees must develop a mutually agreeable timeline for the continued consultation after the initial presentation of information. The department shall carefully consider the comments and recommendations of the legislature when negotiating with the federal agencies, affected parties, and interested stakeholders.
     (4) This section applies both prospectively and to habitat conservation plans under development on the effective date of this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.30 RCW under the subchapter heading "PART 5" to read as follows:
     (1) Before the department seeks or dedicates funding to develop a new habitat conservation plan under the endangered species act, 16 U.S.C. Sec. 1531 et seq., or to develop a major amendment to an existing habitat conservation plan, the department must consult with the appropriate committees of the legislature and solicit the suggestions and recommendations of the committees.
     (2) Consultation with the legislature under this section must include the provision of information relating the proposed habitat conservation plan or major amendments and an offer to publicly brief the appropriate legislative committees on the plan or amendments. The information provided must include, at a minimum:
     (a) The purpose and rationale of the habitat conservation plan or amendments;
     (b) The activities and species to be covered by the habitat conservation plan;
     (c) The timeline and scope of the habitat conservation plan; and
     (d) The planned public process for habitat conservation plan development.
     (3) The department and the legislative committees must develop a mutually agreeable timeline for the continued consultation after the initial presentation of information. The department shall carefully consider the comments and recommendations of the legislature when negotiating with the federal agencies, affected parties, and interested stakeholders.
     (4) This section applies both prospectively and to habitat conservation plans under development on the effective date of this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.21A RCW to read as follows:
     (1) Before the department seeks or dedicates funding to develop a new habitat conservation plan under the endangered species act, 16 U.S.C. Sec. 1531 et seq., or to develop a major amendment to an existing habitat conservation plan, the department must consult with the appropriate committees of the legislature and solicit the suggestions and recommendations of the committees.
     (2) Consultation with the legislature under this section must include the provision of information relating the proposed habitat conservation plan or major amendments and an offer to publicly brief the appropriate legislative committees on the plan or amendments. The information provided must include, at a minimum:
     (a) The purpose and rationale of the habitat conservation plan or amendments;
     (b) The activities and species to be covered by the habitat conservation plan;
     (c) The timeline and scope of the habitat conservation plan; and
     (d) The planned public process for habitat conservation plan development.
     (3) The department and the legislative committees must develop a mutually agreeable timeline for the continued consultation after the initial presentation of information. The department shall carefully consider the comments and recommendations of the legislature when negotiating with the federal agencies, affected parties, and interested stakeholders.
     (4) This section applies both prospectively and to habitat conservation plans under development on the effective date of this section.

NEW SECTION.  Sec. 4   A new section is added to chapter 79A.05 RCW to read as follows:
     (1) Before the commission seeks or dedicates funding to develop a new habitat conservation plan under the endangered species act, 16 U.S.C. Sec. 1531 et seq., or to develop a major amendment to an existing habitat conservation plan, the commission must consult with the appropriate committees of the legislature and solicit the suggestions and recommendations of the committees.
     (2) Consultation with the legislature under this section must include the provision of information relating the proposed habitat conservation plan or major amendments and an offer to publicly brief the appropriate legislative committees on the plan or amendments. The information provided must include, at a minimum:
     (a) The purpose and rationale of the habitat conservation plan or amendments;
     (b) The activities and species to be covered by the habitat conservation plan;
     (c) The timeline and scope of the habitat conservation plan; and
     (d) The planned public process for habitat conservation plan development.
     (3) The commission and the legislative committees must develop a mutually agreeable timeline for the continued consultation after the initial presentation of information. The commission shall carefully consider the comments and recommendations of the legislature when negotiating with the federal agencies, affected parties, and interested stakeholders.
     (4) This section applies both prospectively and to habitat conservation plans under development on the effective date of this section.