S-4361.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 6148

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senate Committee on Environmental Quality & Water Resources (originally sponsored by Senators Jacobsen, Heavey, Patterson, Fairley, Fraser, McAuliffe, Franklin and Kline; by request of Commissioner of Public Lands and Department of Fish and Wildlife)

Read first time 01/31/2000.

Requiring an environmental impact statement for mining in flood plains.

    AN ACT Relating to environmental review of surface mining in flood plains; adding a new section to chapter 43.21C RCW; adding a new section to chapter 78.44 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature finds that the flood plains of the state's rivers are a part of the river system and have a significant function, in respect to channel movement and fish habitat, which is especially important in light of the listings and potential listings of fish as threatened or endangered under the federal endangered species act.  The legislature further finds that the potential impacts of surface mining on the significant functions of flood plains are site-specific, consistently requiring thorough environmental review of individual projects.  The legislature also finds that the state environmental policy act, rules adopted to implement it, and other applicable environmental and land use laws prevent unnecessary duplication of environmental review, appropriately assign responsibilities among local governments and state agencies with regulatory jurisdiction, and help to protect property and its value.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.21C RCW to read as follows:

    Except for metals mining and milling operations subject to RCW 43.21C.039, and notwithstanding any provision in RCW 43.21C.030 and 43.21C.031 to the contrary, an environmental impact statement shall be prepared for any new or expanded public or private surface mine when all or part of the proposed mine falls within a flood plain as defined in WAC 173‑22‑030.

NEW SECTION. Sec. 3.  A new section is added to chapter 78.44 RCW to read as follows:

    Except for metals mining and milling operations subject to RCW 78.56.050, an environmental impact statement must be prepared for any new or expanded public or private surface mine when all or part of the proposed mine falls within a flood plain as defined in WAC 173-22-030.

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