1448-S AMS PATT FLOO 005

1448-S AMS PATT FLOO 005

SHB 1448 - S AMD to S COMM (S-2503.2) - 424

By Senator Patterson

On page 4, after line 39, insert the following:

ANEW SECTION. Sec. 5. A new section is added to chapter 79.90 RCW to read as follows:

State agencies and local governments with regulatory jurisdiction over activities that impact aquatic lands and other wetlands shall not approve a plan for the mitigation of impairment or destruction of aquatic lands or other wetlands which suport or otherwise sustain the values of the aquatic habitat of a species listed or proposed for listing under the federal endangered species act (16 U.S.C. Sec. 1351 et seq.), unless the plan provides for replacement or enhancement of aquatic lands or other wetlands providing habitat for such species within five miles of the impacted area, in the case of aquatic lands, or within the same drainage basin, in the case of other wetlands.

NEW SECTION. Sec. 6. A new section is added to chapter 90.48 RCW to read as follows:

A certification by the department under the authority of section 401 of the federal water pollution control amendments of 1972, 22 U.S.C. 1341 et seq., shall not be issued for any project which will impair or destroy aquatic lands or other wetlands which support or otherwise sustain the values of aquatic habitat of a species listed or proposed for listing under the federal endangered species act (16 U.S.C. Sec. 1351 et seq.), unless the project is conditioned to require replacement or enhancement of wetlands providing habitat for such species five miles of the impacted area, in the case of aquatic lands, or within the same drainage basin, in the case of other wetlands.@

Renumber the sections consecutively, correct any internal references accordingly, and amend the title accordingly.