S-3322               _______________________________________________

                                                   SENATE BILL NO. 6151

                        _______________________________________________

State of Washington                               51st Legislature                        1989 First Special Session

By Senators Metcalf and Kreidler

Read first time 5/7/89 and referred to Committee on  Environment & Natural Resources.

AN ACT Relating to mitigation of negative impacts to wildlife; adding a new section to chapter 43.21C RCW; adding a new chapter to Title 77 RCW; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The legislature recognizes:

          (1) The value of wildlife to the people of the state of Washington and to the state of Washington;

          (2) The need to protect wildlife habitat for both game and nongame species;

          (3) That public and private developments that subject lands to more intensive uses may have significant positive economic and social benefits; and

          (4) That if appropriate mitigation measures are taken, benefits to wildlife may result from environmentally sound development.

NEW SECTION. Sec. 2.     (1) The department shall describe and analyze the negative impacts of development on wildlife and shall specify the actions necessary to mitigate the impacts.

          (2) The department, in cooperation with the departments of natural resources and fisheries, shall jointly review any project for which an environmental impact statement is required under chapter 43.21C RCW.

          The review shall:

          (a) Analyze positive and negative impacts on wildlife;

          (b) Establish mitigation measures that must be undertaken before, during, and after the construction of the project; and

          (c) Designate who is to pay for the mitigation.

NEW SECTION. Sec. 3.     Final action may not be taken on any proposal or action determined by the department to have a negative impact on wildlife, until a mitigation agreement is entered into between the proponent and the department, including an agreement that the proponent will be responsible for all current and future costs of mitigation.  The department shall determine the adequacy of the agreement.

NEW SECTION. Sec. 4.     The department shall develop a fee schedule that will allow the department to recover its expenses from the proponent of the development that is the subject of the review.

NEW SECTION. Sec. 5.     The department shall adopt rules by December 30, 1989, to implement this chapter.

NEW SECTION. Sec. 6.     The department shall report annually to the legislature on its actions under this chapter.

NEW SECTION. Sec. 7.     Any citizen may take legal action against a developer or the department, or both, for failure to mitigate wildlife loss, for habitat damage, or for failure to comply with this chapter, in order to enforce this chapter and protect the state's natural resources.

NEW SECTION. Sec. 8.     Failure to comply with a mitigation agreement required under section 3 of this act shall be punished as a gross misdemeanor under chapter 9A.20 RCW.

NEW SECTION. Sec. 9.  A new section is added to chapter 43.21C RCW to read as follows:

          No final action may be taken on any major action requiring an environmental impact statement until the review required by section 2 of this act is completed and a mitigation agreement is entered into under section 3 of this act, if required.

NEW SECTION. Sec. 10.    Sections 1 through 8 of this act shall constitute a new chapter in Title 77 RCW.

NEW SECTION. Sec. 11.    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 12.    This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.