H-2307

AN ACT Relating to coordination of environmental restoration and land acquisition; adding a new chapter to Title 43 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. It is the intent of the legislature that state agencies that provide environmental protection, restoration, enhancement, and mitigation by financing, or undertaking land acquisition, facility construction, or other activities be better coordinated with each other. Such coordination offers opportunities to jointly plan, finance, construct, permit, and operate facilities, to better address the needs of the environment on a local and regional basis, and to better address state-wide priorities to achieve the most beneficial and cost-effective results. The intent of the legislature is not to reduce or eliminate any environmental mitigation obligation of a government agency, but instead to more effectively meet that obligation through better coordination and identification of projects with highest environmental benefit.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Advisory committee" means a committee advisory to the office consisting of representatives from the departments of community, trade, and economic development; ecology; fish and wildlife; natural resources; the parks and recreation commission; the interagency committee for outdoor recreation; the conservation commission; and the office of financial management. Other members may be added by majority vote of the committee. The governor, or the governor's designee, shall serve as chair of the advisory committee.

(2) "Environmental project" means land acquisition, facility construction, or other activity providing environmental protection, restoration, enhancement, or compensatory mitigation undertaken by state agencies or funded by state financial assistance programs. It does not mean the sale, transfer, exchange, or acquisition of trust lands managed by state agencies or regulatory environmental protection activities.

(3) "Office" means the environmental affairs office of the department of transportation.

(4) "Surplus real property" means any real property that is not needed by an agency now or in the foreseeable future.

NEW SECTION. Sec. 3. (1) The office shall provide a central depository for information collected under this chapter. This depository shall collect and disseminate pertinent information on environmental projects through electronic based systems that may include geographic information systems and internet functionality.

(2) By December 31, 1999, the governor's office shall provide a report to the appropriate committees of the legislature on the progress of the coordination program and the advisory committee.

(3) By October 31, 2000, the governor's office shall report to the appropriate committees of the legislature its findings and recommendations on coordination of environmental projects. The report shall include a description of the methods used to: Collect information on environmental projects, determine coordination opportunities, examine programs, and determine benefits and costs of recommended actions.

(4) Beginning with fiscal year 2001, and each fiscal year thereafter, state agencies that receive an appropriation in the capital budget or the transportation budget for an environmental project shall provide project information, including geographic location and general descriptive information, to the office no later than sixty days after the end of the fiscal year.

(5) Beginning with fiscal year 2003, and each fiscal year thereafter, state agencies that receive an appropriation in the omnibus appropriations act for an environmental project shall provide project information, including geographic location and general descriptive information, to the office no later than sixty days after the end of the fiscal year.

(6) Beginning with fiscal year 2005, and each fiscal year thereafter, all state agencies that have surplus real property available for sale, trade, lease, or reuse by other government entities shall provide information on those properties, including geographic location and general descriptive information, to the office no later than sixty days after the end of the fiscal year.

NEW SECTION. Sec. 4. The advisory committee is established to advise and assist the office in:

(1) Developing methods and data base systems that facilitate the collection and coordination of environmental project information.

(2) Examining state financial assistance programs that provide funding for environmental protection, enhancement, restoration, and mitigation. The advisory committee shall identify opportunities for improved coordination that would make it easier and more efficient for agencies and organizations seeking funding to: Locate the programs, apply for funding, seek and receive technical assistance, provide required financial reports, provide compliance and environmental monitoring information, and provide project related information such as site location.

(3) Investigating opportunities for improved coordination of financial assistance programs for environmental projects while complying with the statutory purpose and policy objective of these programs. Areas for possible improved coordination may include: Program information dissemination; application deadlines; state‑wide, regional, and local priorities for environmental protection, enhancement, restoration, and mitigation; application forms and required application information; technical assistance; environmental reporting and monitoring; and project related data.

(4) Making recommendations on the role that other state agencies, federal, tribal, and local governments, nongovernmental organizations, and the general public can play in providing information that would result in increased coordination of environmental protection, restoration, enhancement, and mitigation activities. The advisory committee shall solicit comments from agencies and organizations that are eligible for state financial assistance programs and solicit comments from federal, tribal, and local organizations that provide financial assistance for environmental projects.

NEW SECTION. Sec. 5. Nothing in this chapter shall be interpreted in any manner by a state, federal, or local governmental agency to require any additional permitting review or approval process or compliance procedure from any nongovernmental entity or individual person.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 7. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1999, in the state transportation budget or the omnibus appropriations act, this act is null and void.