BILL REQ. #:  S-4062.1 

Read first time 01/30/14.   Referred to Committee on Natural Resources & Parks.

     AN ACT Relating to fish barrier removals; amending RCW 77.55.181, 19.27.490, 35.21.404, 35.63.230, 35A.21.290, 35A.63.250, 36.70.982, 36.70.992, 36.70A.460, and 43.21C.0382; adding a new section to chapter 77.95 RCW; creating a new section; and providing an expiration date.

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

Sec. 1   RCW 77.55.181 and 2010 c 210 s 29 are each amended to read as follows:
     (1)(a) In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the criteria under (((a) and (b) of)) this ((subsection:
     (a) A fish habitat enhancement project)) section and must be a project to accomplish one or more of the following tasks:
     (i) Elimination of human-made fish passage barriers, including culvert repair and replacement;
     (ii) Restoration of an eroded or unstable streambank 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
     (iii) Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks.
     (b) The department shall develop size or scale threshold tests to determine if projects accomplishing any of these tasks should be evaluated under the process created in this section or under other project review and approval processes. A project proposal shall not be reviewed under the process created in this section if the department determines that the scale of the project raises concerns regarding public health and safety((; and)).
     (((b))) (c) A fish habitat enhancement project must be approved in one of the following ways in order to receive the permit review and approval process created in this section:
     (i) By the department pursuant to chapter 77.95 or 77.100 RCW;
     (ii) By the sponsor of a watershed restoration plan as provided in chapter 89.08 RCW;
     (iii) By the department as a department-sponsored fish habitat enhancement or restoration project;
     (iv) Through the review and approval process for the jobs for the environment program;
     (v) Through the review and approval process for conservation district-sponsored projects, where the project complies with design standards established by the conservation commission through interagency agreement with the United States fish and wildlife service and the natural resource conservation service;
     (vi) Through a formal grant program established by the legislature or the department for fish habitat enhancement or restoration; ((and))
     (vii) Through the department of transportation's environmental retrofit program as a stand-alone fish passage barrier correction project;
     (viii) Through a local, state, or federally approved fish barrier removal grant program designed to assist local governments in implementing stand-alone fish passage barrier corrections; and
     (ix) Through other formal review and approval processes established by the legislature.
     (2) Fish habitat enhancement projects meeting the criteria of subsection (1) of this section are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of subsection (1) of this section and being reviewed and approved according to the provisions of this section are not subject to the requirements of RCW 43.21C.030(2)(c).
     (3)(a) A permit is required for projects that meet the criteria of subsection (1) of this section and are being reviewed and approved under this section. An applicant shall use a joint aquatic resource permit application form developed by the office of regulatory assistance to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the department and to each appropriate local government.
     (b) Local governments shall accept the application as notice of the proposed project. The department shall provide a fifteen-day comment period during which it will receive comments regarding environmental impacts.
     (c) Within forty-five days, the department shall either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project. The department shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by the conditioning of a permit.
     (d) If the department determines that the review and approval process created by this section is not appropriate for the proposed project, the department shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes.
     (((b))) (e) Any person aggrieved by the approval, denial, conditioning, or modification of a permit under this section may appeal the decision as provided in RCW 77.55.021(((4))) (8).
     (4) No local government may require permits or charge fees for fish habitat enhancement projects that meet the criteria of subsection (1) of this section and that are reviewed and approved according to the provisions of this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.95 RCW to read as follows:
     The department may contract with cities and counties to assist in the identification and removal of impediments to fish passage.

NEW SECTION.  Sec. 3   (1) The departments of transportation and fish and wildlife must initiate contact with the United States army corps of engineers, the national oceanic and atmospheric administration, and, if necessary, the United States fish and wildlife service to explore the feasibility of bundling multiple transportation-related fish barrier removal projects under any available nationwide permits for the purpose of achieving streamlined federal permitting with a reduced processing time.
     (2) The departments of transportation and fish and wildlife must report back to the legislature, consistent with RCW 43.01.036, by October 31, 2016, summarizing the information gathered and any progress made towards using the bundling concept to streamline permitting for transportation-related fish barrier removal projects.
     (3) This section expires June 30, 2017.

Sec. 4   RCW 19.27.490 and 2003 c 39 s 11 are each amended to read as follows:
     A fish habitat enhancement project meeting the criteria of RCW ((77.55.290(1))) 77.55.181 is not subject to grading permits, inspections, or fees and shall be reviewed according to the provisions of RCW ((77.55.290)) 77.55.181.

Sec. 5   RCW 35.21.404 and 2003 c 39 s 14 are each amended to read as follows:
     A city or town is not liable for adverse impacts resulting from a fish enhancement project that meets the criteria of RCW ((77.55.290)) 77.55.181 and has been permitted by the department of fish and wildlife.

Sec. 6   RCW 35.63.230 and 2003 c 39 s 15 are each amended to read as follows:
     (1) A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510.
     (2) A fish habitat enhancement project meeting the criteria of RCW ((77.55.290(1))) 77.55.181 shall be reviewed and approved according to the provisions of RCW ((77.55.290)) 77.55.181.

Sec. 7   RCW 35A.21.290 and 2003 c 39 s 16 are each amended to read as follows:
     A code city is not liable for adverse impacts resulting from a fish enhancement project that meets the criteria of RCW ((77.55.290)) 77.55.181 and has been permitted by the department of fish and wildlife.

Sec. 8   RCW 35A.63.250 and 2003 c 39 s 17 are each amended to read as follows:
     (1) A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510.
     (2) A fish habitat enhancement project meeting the criteria of RCW ((77.55.290(1))) 77.55.181 shall be reviewed and approved according to the provisions of RCW ((77.55.290)) 77.55.181.

Sec. 9   RCW 36.70.982 and 2003 c 39 s 19 are each amended to read as follows:
     A county is not liable for adverse impacts resulting from a fish enhancement project that meets the criteria of RCW ((77.55.290)) 77.55.181 and has been permitted by the department of fish and wildlife.

Sec. 10   RCW 36.70.992 and 2003 c 39 s 20 are each amended to read as follows:
     (1) A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510.
     (2) A fish habitat enhancement project meeting the criteria of RCW ((77.55.290(1))) 77.55.181 shall be reviewed and approved according to the provisions of RCW ((77.55.290)) 77.55.181.

Sec. 11   RCW 36.70A.460 and 2003 c 39 s 21 are each amended to read as follows:
     (1) A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510.
     (2) A fish habitat enhancement project meeting the criteria of RCW ((77.55.290(1))) 77.55.181 shall be reviewed and approved according to the provisions of RCW ((77.55.290)) 77.55.181.

Sec. 12   RCW 43.21C.0382 and 2003 c 39 s 23 are each amended to read as follows:
     (1) Decisions pertaining to watershed restoration projects as defined in RCW 89.08.460 are not subject to the requirements of RCW 43.21C.030(2)(c).
     (2) Decisions pertaining to fish habitat enhancement projects meeting the criteria of RCW ((77.55.290(1))) 77.55.181 and being reviewed and approved according to the provisions of RCW ((77.55.290)) 77.55.181 are not subject to the requirements of RCW 43.21C.030(2)(c).