CERTIFICATION
OF ENROLLMENT
SUBSTITUTE
HOUSE BILL 3110
Chapter 181, Laws of 1998
55th Legislature
1998 Regular Session
ENVIRONMENTAL MITIGATION OF
ENVIRONMENTAL PROJECTS
EFFECTIVE DATE: 6/11/98
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Passed by the House February 13,
1998 Yeas 96 Nays 0
 CLYDE
BALLARD
Speaker of the
House of Representatives
Passed by the Senate March 12, 1998
Yeas 47 Nays 0
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CERTIFICATE
I, Timothy A. Martin, Chief Clerk of the House of Representatives of
the State of Washington, do hereby certify that the attached is SUBSTITUTE
HOUSE BILL 3110 as passed by the House of Representatives and the Senate
on the dates hereon set forth.
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BRAD OWEN
President of the Senate
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 TIMOTHY A. MARTIN
Chief Clerk
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Approved March 27, 1998 Place Style On
Codes above, and Style Off Codes below.
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FILED
March 27, 1998 - 3:23 p.m.
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GARY LOCKE
Governor of the State of Washington
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Secretary of State
State of Washington
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_______________________________________________
SUBSTITUTE
HOUSE BILL 3110
_______________________________________________
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.
Passed the House February 13, 1998.
Passed the Senate March 12, 1998.
Approved by the Governor
March 27, 1998.
Filed
in Office of Secretary of State March 27, 1998.