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SUBSTITUTE
HOUSE BILL 3110
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Passed
Legislature - 1998 Regular Session
State of Washington 55th
Legislature 1998 Regular Session
By
Read first time 02/09/98.
Referred to Committee on .
Considering
fish in advanced environmental mitigation.
AN
ACT Relating to environmental mitigation of transportation projects; amending
RCW 47.12.330; and creating new sections.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that fish passage, fish habitat, wetlands, and flood
management are critical issues in the effective management of watersheds in
Washington. The legislature also finds that the state of Washington invests a
considerable amount of resources on environmental mitigation activities related
to fish passage, fish habitat, wetlands, and flood management. The department
of transportation's advanced environmental mitigation revolving account
established under RCW 47.12.340, is a key funding component in bringing
environmental mitigation together with comprehensive watershed management.
Sec.
2. RCW
47.12.330 and 1997 c 140 s 2 are each amended to read as follows:
For the purpose of environmental mitigation of transportation
projects, the department may acquire or develop, or both acquire and develop,
environmental mitigation sites in advance of the construction of programmed
projects. The term "advanced environmental mitigation" means
mitigation of adverse impacts upon the environment from transportation projects
before their design and construction. Advanced environmental mitigation
consists of the acquisition of property; the acquisition of property, water, or
air rights; the development of property for the purposes of improved environmental
management; engineering costs necessary for such purchase and development; and
the use of advanced environmental mitigation sites to fulfill project
environmental permit requirements. Advanced environmental mitigation must be
conducted in a manner that is consistent with the definition of mitigation
found in the council of environmental quality regulations (40 C.F.R. Sec.
1508.20) and the governor's executive order on wetlands (EO 90-04). Advanced
environmental mitigation is for projects approved by the transportation
commission as part of the state's six-year plan or included in the state
highway system plan. Advanced environmental mitigation must give
consideration to activities related to fish passage, fish habitat, wetlands,
and flood management. Advanced environmental mitigation may also be
conducted in partnership with federal, state, or local government agencies,
tribal governments, interest groups, or private parties. Partnership
arrangements may include joint acquisition and development of mitigation sites,
purchasing and selling mitigation bank credits among participants, and transfer
of mitigation site title from one party to another. Specific conditions of
partnership arrangements will be developed in written agreements for each applicable
environmental mitigation site.
NEW SECTION. Sec. 3. Flood
management and flood hazard reduction pilot projects are established. The
department of transportation shall convene, in cooperation with the department
of ecology, a technical committee of applicable state agencies and local and
tribal governments to establish guidance for expenditures related to flood
management and flood hazard reduction projects receiving advanced environmental
mitigation funding. The technical committee shall identify opportunities for
coordination on flood-related issues and report to the appropriate legislative
committees by December 1, 1998.
