BILL REQ. #:  H-3632.3 

Read first time 02/04/14.   Referred to Committee on Environment.

     AN ACT Relating to fish passage enhancement projects by the department of transportation; adding a new section to chapter 47.04 RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 77.55 RCW; adding a new section to chapter 90.58 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.70 RCW; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 47.04 RCW to read as follows:
     (1) For purposes of this section, "fish habitat enhancement project" means a project designed according to the most recent standards approved by the department of fish and wildlife to accomplish one or more of the following tasks:
     (a) Elimination of human-made fish passage barriers, including culvert repair and replacement;
     (b) Restoration of an eroded or unstable stream bank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or
     (c) Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks.
     (2) The department of transportation must provide notice of each fish habitat enhancement project to the department of fish and wildlife, which must provide notice to every appropriate tribe.
     (3) A local government may not require permits, require mitigation, or charge fees for a fish habitat enhancement project that meets the definition in subsection (1) of this section and that is constructed pursuant to this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.21C RCW to read as follows:
     (1) For purposes of this section, "fish habitat enhancement project" means a project designed according to the most recent standards approved by the department of fish and wildlife to accomplish one or more of the following tasks:
     (a) Elimination of human-made fish passage barriers, including culvert repair and replacement;
     (b) Restoration of an eroded or unstable stream bank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or
     (c) Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks.
     (2) A fish habitat enhancement project that meets the definition in subsection (1) of this section is expected to result in beneficial impacts to the environment. Decisions pertaining to a fish habitat enhancement project that meets the definition in subsection (1) of this section are not subject to the requirements in RCW 43.21C.030(2)(c).
     (3) A local government or state agency may not require mitigation for a fish habitat enhancement project that meets the definition in subsection (1) of this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 77.55 RCW to read as follows:
     (1) For purposes of this section, "fish habitat enhancement project" means a project designed according to the most recent standards approved by the department of fish and wildlife to accomplish one or more of the following tasks:
     (a) Elimination of human-made fish passage barriers, including culvert repair and replacement;
     (b) Restoration of an eroded or unstable stream bank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or
     (c) Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks.
     (2) A fish habitat enhancement project conducted by or for the Washington state department of transportation that complies with applicable federal environmental review requirements or protection requirements, or both, does not require a permit under this chapter.
     (3) A local government or state agency may not require mitigation for a fish habitat enhancement project that meets the definition in subsection (1) of this section.

NEW SECTION.  Sec. 4   A new section is added to chapter 90.58 RCW to read as follows:
     (1) For purposes of this section, "fish habitat enhancement project" means a project designed according to the most recent standards approved by the department of fish and wildlife to accomplish one or more of the following tasks:
     (a) Elimination of human-made fish passage barriers, including culvert repair and replacement;
     (b) Restoration of an eroded or unstable stream bank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or
     (c) Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks.
     (2) Guidelines adopted by the department of ecology and master programs developed or amended by local governments in accordance with RCW 90.58.080 do not require modification of or limit a fish habitat enhancement project conducted by or for the Washington state department of transportation that complies with applicable federal environmental review requirements or protection requirements, or both.
     (3) A local government or state agency may not require mitigation for a fish habitat enhancement project that meets the definition in subsection (1) of this section.

NEW SECTION.  Sec. 5   A new section is added to chapter 35.21 RCW to read as follows:
     A city or town is not liable for adverse impacts resulting from a fish habitat enhancement project that meets the criteria of section 1 of this act and has been conducted by or for the department of transportation.

NEW SECTION.  Sec. 6   A new section is added to chapter 35A.21 RCW to read as follows:
     A code city is not liable for adverse impacts resulting from a fish habitat enhancement project that meets the criteria of section 1 of this act and has been conducted by or for the department of transportation.

NEW SECTION.  Sec. 7   A new section is added to chapter 36.70 RCW to read as follows:
     A county is not liable for adverse impacts resulting from a fish habitat enhancement project that meets the criteria of section 1 of this act and has been conducted by or for the department of transportation.

NEW SECTION.  Sec. 8   This act takes effect July 1, 2014.