BILL REQ. #:  H-3519.2 

Read first time 01/18/12.   Referred to Committee on Judiciary.

     AN ACT Relating to removing potential barriers to successful salmon recovery efforts; and adding a new section to chapter 77.85 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.85 RCW to read as follows:
     (1) Subject to subsection (3) of this section, a landowner is not liable in contract or tort for any personal injury, death, or property damage that arises out of the use of the landowner's land by:
     (a) A person conducting a fish habitat improvement project using state or federal money for the purpose of building the project; or
     (b) A participant in a state or federally funded watershed or stream restoration or enhancement program.
     (2) An operator, timber owner, or landowner may not be held liable for any damages resulting from:
     (a) A fish habitat improvement project done in cooperation and consultation with the department, a tribe, or the salmon recovery funding board, or conducted as part of a forest practice in accordance with chapter 76.09 RCW; or
     (b) Leaving large woody debris within the waters of the state to protect, retain, or recruit large woody debris for the purposes of enhancing fish habitat or water quality improvement, if such a project was funded by state or federal money for the purpose of building fish habitat or water quality improvement.
     (3) The limitations to liability provided by this section only apply if:
     (a) The damages, injury, or death were not caused by willful, wanton, or intentional conduct on the part of the operator, timber owner, or landowner or by the gross negligence of the operator, timber owner, or landowner; and
     (b) The project was properly designed and constructed to meet appropriate standards of care that adequately address and mitigate for potential hazards to public safety.