BILL REQ. #:  S-0632.2 

Read first time 01/21/2003.   Referred to Committee on Parks, Fish & Wildlife.

     AN ACT Relating to the hydraulic project approval program; amending RCW 76.09.350, 77.55.080, 77.55.130, 77.55.160, 77.55.270, 77.55.290, 77.55.300, 89.08.470, and 90.58.147; creating new sections; repealing RCW 77.15.300, 77.55.020, 77.55.030, 77.55.090, 77.55.100, 77.55.110, 77.55.120, 77.55.140, 77.55.150, 77.55.170, 77.55.180, 77.55.190, 77.55.200, 77.55.210, 77.55.220, 77.55.230, 77.55.250, 77.55.260, 77.55.280, 77.55.330, 77.55.340, 77.55.350, and 77.55.360; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) Burdensome, duplicative, and conflicting rules and regulatory programs are significantly hampering economic growth and prosperity for the citizens of Washington state.
     (2) Multiple layers of redundant federal, state, and local environmental laws and regulations unnecessarily impede economic development and job creation while undermining Washington state's competitiveness in the national and global economy.
     (3) The hydraulic project approval program was established prior to the enactment of the federal endangered species act, the state environmental policy act, shorelines management act, water pollution control act, water resources act, and the growth management act.
     (4) The provisions of the hydraulic project approval program are now redundant or conflict with protective provisions adopted under section 4(d) of the federal endangered species act by the national marine fisheries service and the United States fish and wildlife service.
     (5) The provisions of the hydraulic project approval program are also redundant or conflict with storm water and beneficial use provisions adopted under the state water pollution control act and the water resources act.
     (6) The provisions of the hydraulic project approval program are also redundant or conflict with provisions for protection of aquatic resources in the shorelines management act and rules proposed for adoption by the state department of ecology to implement the act.
     (7) The provisions of the hydraulic project approval program are also redundant or conflict with provisions of the state growth management act requiring protection of critical areas.
     (8) The unfair implementation of the hydraulic project approval program by department of ecology's field staff, particularly in the Skagit watershed, is placing an undue burden on the ability of the agricultural community to farm in an economically viable manner.
     (9) The hydraulic project approval program can therefore be repealed.

NEW SECTION.  Sec. 2   The department of fish and wildlife shall make all data collected through the salmon and steelhead habitat inventory and assessment project, salmon and steelhead stock assessment program, or other data sources established by the department related to aquatic species readily available to federal, state, and local agencies, volunteer groups, citizens, and other interested parties. The data may be used for permitting decisions by regulatory agencies, determining appropriate on-site and off-site wetlands mitigation, watershed-based mitigation as developed by the transportation permit efficiency and accountability committee, maximizing environmental investments on a watershed basis, identifying habitat enhancement and restoration opportunities for aquatic species, and other appropriate uses.

NEW SECTION.  Sec. 3   Notwithstanding the provisions of RCW 34.05.020, all rules made by the Washington state fish and wildlife commission relating to the hydraulic project approval program shall be repealed, without further action by the commission by July 1, 2003.

Sec. 4   RCW 76.09.350 and 1997 c 290 s 1 are each amended to read as follows:
     The legislature recognizes the importance of providing the greatest diversity of habitats, particularly riparian, wetland, and old growth habitats, and of assuring the greatest diversity of species within those habitats for the survival and reproduction of enough individuals to maintain the native wildlife of Washington forest lands. The legislature also recognizes the importance of long-term habitat productivity for natural and wild fish, for the protection of hatchery water supplies, and for the protection of water quality and quantity to meet the needs of people, fish, and wildlife. The legislature recognizes the importance of maintaining and enhancing fish and wildlife habitats capable of sustaining the commercial and noncommercial uses of fish and wildlife. The legislature further recognizes the importance of the continued growth and development of the state's forest products industry which has a vital stake in the long-term productivity of both the public and private forest land base.
     The development of a landscape planning system would help achieve these goals. Landowners and resource managers should be provided incentives to voluntarily develop long-term multispecies landscape management plans that will provide protection to public resources. Because landscape planning represents a departure from the use of standard baseline rules and may result in unintended consequences to both the affected habitats and to a landowner's economic interests, the legislature desires to establish up to seven experimental pilot programs to gain experience with landscape planning that may prove useful in fashioning legislation of a more general application.
     (1) Until December 31, 2000, the department in cooperation with the department of fish and wildlife, and the department of ecology when relating to water quality protection, is granted authority to select not more than seven pilot projects for the purpose of developing individual landowner multispecies landscape management plans.
     (a) Pilot project participants must be selected by the department in cooperation with the department of fish and wildlife, and the department of ecology when relating to water quality protection, no later than October 1, 1997.
     (b) The number and the location of the pilot projects are to be determined by the department in cooperation with the department of fish and wildlife, and the department of ecology when relating to water quality protection, and should be selected on the basis of risk to the habitat and species, variety and importance of species and habitats in the planning area, geographic distribution, surrounding ownership, other ongoing landscape and watershed planning activities in the area, potential benefits to water quantity and quality, financial and staffing capabilities of participants, and other factors that will contribute to the creation of landowner multispecies landscape planning efforts.
     (c) Each pilot project shall have a landscape management plan with the following elements:
     (i) An identification of public resources selected for coverage under the plan and measurable objectives for the protection of the selected public resources;
     (ii) A termination date of not later than 2050;
     (iii) A general description of the planning area including its geographic location, physical and biological features, habitats, and species known to be present;
     (iv) An identification of the existing forest practices rules that will not apply during the term of the plan;
     (v) Proposed habitat management strategies or prescriptions;
     (vi) A projection of the habitat conditions likely to result from the implementation of the specified management strategies or prescriptions;
     (vii) An assessment of habitat requirements and the current habitat conditions of representative species included in the plan;
     (viii) An assessment of potential or likely impacts to representative species resulting from the prescribed forest practices;
     (ix) A description of the anticipated benefits to those species or other species as a result of plan implementation;
     (x) A monitoring plan;
     (xi) Reporting requirements including a schedule for review of the plan's performance in meeting its objectives;
     (xii) Conditions under which a plan may be modified, including a procedure for adaptive management;
     (xiii) Conditions under which a plan may be terminated;
     (xiv) A procedure for adaptive management that evaluates the effectiveness of the plan to meet its measurable public resources objectives, reflects changes in the best available science, and provides changes to its habitat management strategies, prescriptions, and hydraulic project standards to the extent agreed to in the plan and in a timely manner and schedule;
     (xv) A description of how the plan relates to publicly available plans of adjacent federal, state, tribal, and private timberland owners; and
     (xvi) A statement of whether the landowner intends to apply for approval of the plan under applicable federal law.
     (2) Until December 31, 2000, the department, in agreement with the department of fish and wildlife, and the department of ecology when the landowner elects to cover water quality in the plan, shall approve a landscape management plan and enter into a binding implementation agreement with the landowner when such departments find, based upon the best scientific data available, that:
     (a) The plan contains all of the elements required under this section including measurable public resource objectives;
     (b) The plan is expected to be effective in meeting those objectives;
     (c) The landowner has sufficient financial resources to implement the management strategies or prescriptions to be implemented by the landowner under the plan;
     (d) The plan will:
     (i) Provide better protection than current state law for the public resources selected for coverage under the plan considered in the aggregate; and
     (ii) Compared to conditions that could result from compliance with current state law:
     (A) Not result in poorer habitat conditions over the life of the plan for any species selected for coverage that is listed as threatened or endangered under federal or state law, or that has been identified as a candidate for such listing, at the time the plan is approved; and
     (B) Measurably improve habitat conditions for species selected for special consideration under the plan;
     (e) The plan shall include watershed analysis or provide for a level of protection that meets or exceeds the protection that would be provided by watershed analysis, if the landowner selects fish or water quality as a public resource to be covered under the plan. Any alternative process to watershed analysis would be subject to timely peer review;
     (f) The planning process provides for a public participation process during the development of the plan, which shall be developed by the department in cooperation with the landowner.
     The management plans must be submitted to the department and the department of fish and wildlife, and the department of ecology when the landowner elects to cover water quality in the plan, no later than March 1, 2000. The department shall provide an opportunity for public comment on the proposed plan. The comment period shall not be less than forty-five days. The department shall approve or reject plans within one hundred twenty days of submittal by the landowner of a final plan. The decision by the department, in agreement with the department of fish and wildlife, and the department of ecology when the landowner has elected to cover water quality in the plan, to approve or disapprove the management plan is subject to the environmental review process of chapter 43.21C RCW, provided that any public comment period provided for under chapter 43.21C RCW shall run concurrently with the public comment period provided in this subsection (2).
     (3) After a landscape management plan is adopted((:
     (a))), forest practices consistent with the plan need not comply with:
     (((i))) (a) The specific forest practices rules identified in the plan; and
     (((ii))) (b) Any forest practice rules and policies adopted after the approval of the plan to the extent that the rules:
     (((A))) (i) Have been adopted primarily for the protection of a public resource selected for coverage under the plan; or
     (((B))) (ii) Provide for procedural or administrative obligations inconsistent with or in addition to those provided for in the plan with respect to those public resources((; and
     (b) If the landowner has selected fish as one of the public resources to be covered under the plan, the plan shall serve as the hydraulic project approval for the life of the plan, in compliance with RCW 75.20.100)).
     (4) The department is authorized to issue a single landscape level permit valid for the life of the plan to a landowner who has an approved landscape management plan and who has requested a landscape permit from the department. Landowners receiving a landscape level permit shall meet annually with the department and the department of fish and wildlife, and the department of ecology where water quality has been selected as a public resource to be covered under the plan, to review the specific forest practices activities planned for the next twelve months and to determine whether such activities are in compliance with the plan. The departments will consult with the affected Indian tribes and other interested parties who have expressed an interest in connection with the review. The landowner is to provide ten calendar days' notice to the department prior to the commencement of any forest practices authorized under a landscape level permit. The landscape level permit will not impose additional conditions relating to the public resources selected for coverage under the plan beyond those agreed to in the plan. For the purposes of chapter 43.21C RCW, forest practices conducted in compliance with an approved plan are deemed not to have the potential for a substantial impact on the environment as to any public resource selected for coverage under the plan.
     (5) Except as otherwise provided in a plan, the agreement implementing the landscape management plan is an agreement that runs with the property covered by the approved landscape management plan and the department shall record notice of the plan in the real property records of the counties in which the affected properties are located. Prior to its termination, no plan shall permit forest land covered by its terms to be withdrawn from such coverage, whether by sale, exchange, or other means, nor to be converted to nonforestry uses except to the extent that such withdrawal or conversion would not measurably impair the achievement of the plan's stated public resource objectives. If a participant transfers all or part of its interest in the property, the terms of the plan still apply to the new landowner for the plan's stated duration unless the plan is terminated under its terms or unless the plan specifies the conditions under which the terms of the plan do not apply to the new landowner.
     (6) The departments of natural resources, fish and wildlife, and ecology shall seek to develop memorandums of agreements with federal agencies and affected Indian tribes relating to tribal issues in the landscape management plans. The departments shall solicit input from affected Indian tribes in connection with the selection, review, and approval of any landscape management plan. If any recommendation is received from an affected Indian tribe and is not adopted by the departments, the departments shall provide a written explanation of their reasons for not adopting the recommendation.
     (7) The department is directed to report to the forest practices board annually through the year 2000, but no later than December 31st of each year, on the status of each pilot project. The department is directed to provide to the forest practices board, no later than December 31, 2000, an evaluation of the pilot projects including a determination if a permanent landscape planning process should be established along with a discussion of what legislative and rule modifications are necessary.

Sec. 5   RCW 77.55.080 and 1983 1st ex.s. c 46 s 74 are each amended to read as follows:
     (1) Before a person commences construction on a dam or other ((hydraulic project)) obstruction across or in a stream for which the director determines that a fishway is impractical, the person shall at the option of the director:
     (((1))) (a) Convey to the state a fish cultural facility on a site satisfactory to the director and constructed according to plans and specifications approved by the director, and enter into an agreement with the director secured by sufficient bond, to furnish water and electricity, without expense, and funds necessary to operate and maintain the facilities; or
     (((2))) (b) Enter into an agreement with the director secured by sufficient bond to make payments to the state as the director determines are necessary to expand, maintain, and operate additional facilities at existing hatcheries within a reasonable distance of the dam or other ((hydraulic work)) obstruction across or in a stream to compensate for the damages caused by the dam or other hydraulic work.
     (((3))) (2) A decision of the director under this section is subject to review in the superior court of the state for Thurston county. ((Each day that a person carries on construction work or operates a dam or hydraulic project without complying with this section is a separate offense.))

Sec. 6   RCW 77.55.130 and 2000 c 107 s 18 are each amended to read as follows:
     The department and the department of ecology will work cooperatively with the United States army corps of engineers to develop a memorandum of agreement outlining dike vegetation management guidelines so that dike owners are eligible for coverage under P.L. 84-99((, and state requirements established pursuant to RCW 77.55.100 and 77.55.110 are met)).

Sec. 7   RCW 77.55.160 and 1998 c 190 s 89 are each amended to read as follows:
     (1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game fish resources in these streams and rivers and to protect them against undue industrial encroachment.
     (2) Within the sanctuary area:
     (a) ((The department shall not issue hydraulic project approval to)) No public or private entity may construct a dam greater than twenty-five feet high within the migration range of anadromous fish as determined by the department.
     (b) A person shall not divert water from rivers and streams in quantities that will reduce the respective stream flow below the annual average low flow, based upon data published in United States geological survey reports.
     (3) The commission may acquire and abate a dam or other obstruction, or acquire any water right vested on a sanctuary stream or river, which is in conflict with the provisions of subsection (2) of this section.
     (4) Subsection (2)(a) of this section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.

Sec. 8   RCW 77.55.270 and 1997 c 415 s 2 are each amended to read as follows:
     (1) ((Small scale prospecting and mining shall not require written approval under this chapter if the prospecting is conducted in accordance with provisions established by the department.
     (2))) By December 31, 1998, the department shall adopt rules applicable to small scale prospecting and mining activities subject to this section. The department shall develop the rules in cooperation with the recreational mining community and other interested parties.
     (((3))) (2) Within two months of adoption of the rules, the department shall distribute an updated gold and fish pamphlet that describes methods of mineral prospecting that are consistent with the department's rule. The pamphlet shall be written to clearly indicate the prospecting methods that require written approval under this chapter and the prospecting methods that require compliance with the pamphlet. ((To the extent possible, the department shall use the provisions of the gold and fish pamphlet to minimize the number of specific provisions of a written approval issued under this chapter.
     (4))) (3) For the purposes of this chapter, "small scale prospecting and mining" means only the use of the following methods: Pans, nonmotorized sluice boxes, concentrators, and minirocker boxes for the discovery and recovery of minerals.

Sec. 9   RCW 77.55.290 and 2001 c 253 s 55 are each amended to read as follows:
     (1) ((In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the criteria under (a) and (b) of this subsection:))
     (a) A fish habitat enhancement project must be a project to accomplish one or more of the following tasks:
     (i) Elimination of human-made fish passage barriers, including culvert repair and replacement;
     (ii) Restoration of an eroded or unstable stream bank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or
     (iii) Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks.
     ((The department shall develop size or scale threshold tests to determine if projects accomplishing any of these tasks should be evaluated under the process created in this section or under other project review and approval processes. A project proposal shall not be reviewed under the process created in this section if the department determines that the scale of the project raises concerns regarding public health and safety; and))
     (b) A fish habitat enhancement project must be approved in one of the following ways:
     (i) ((By the department pursuant to chapter 77.95 or 77.100 RCW;
     (ii))) By the sponsor of a watershed restoration plan as provided in chapter 89.08 RCW;
     (((iii))) (ii) By the department as a department-sponsored fish habitat enhancement or restoration project;
     (((iv) Through the review and approval process for the jobs for the environment program;
     (v))) (iii) Through the review and approval process for conservation district-sponsored projects, where the project complies with design standards established by the conservation commission through interagency agreement with the United States fish and wildlife service and the natural resource conservation service;
     (((vi))) (iv) Through a formal grant program established by the legislature or the department for fish habitat enhancement or restoration; and
     (((vii))) (v) Through other formal review and approval processes established by the legislature or the federal government.
     (2) Fish habitat enhancement projects meeting the criteria of subsection (1)(a) of this section are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of subsection (1)(a) of this section and being reviewed and approved according to the provisions of subsection (1)(b) of this section are not subject to the requirements of RCW 43.21C.030(2)(c).
     (3) ((Hydraulic project approval is required for projects that meet the criteria of subsection (1) of this section and are being reviewed and approved under this section. An applicant shall use a joint aquatic resource permit application form developed by the department of ecology permit assistance center to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the department and to each appropriate local government. Local governments shall accept the application as notice of the proposed project. The department shall provide a fifteen-day comment period during which it will receive comments regarding environmental impacts. In no more than forty-five days, the department shall either issue hydraulic project approval, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project. The department shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by hydraulic project approval. If the department determines that the review and approval process created by this section is not appropriate for the proposed project, the department shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes.
     Any person aggrieved by the approval, denial, conditioning, or modification of hydraulic project approval under this section may formally appeal the decision to the hydraulic appeals board pursuant to the provisions of this chapter.
     (4))) No local government may require permits or charge fees for fish habitat enhancement projects that meet the criteria of subsection (1)(b) of this section and that are reviewed and approved according to the provisions of this section.

Sec. 10   RCW 77.55.300 and 2000 c 107 s 229 are each amended to read as follows:
     (1) Beginning in January 1998, the department of fish and wildlife and the department of natural resources shall implement a habitat incentives program based on the recommendations of federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wildlife cooperators, and other interested parties. The program shall allow a private landowner to enter into an agreement with the departments to enhance habitat on the landowner's property for food fish, game fish, or other wildlife species. In exchange, the landowner shall receive state regulatory certainty with regard to future applications for ((hydraulic project approval or)) a forest practices permit on the property covered by the agreement. The overall goal of the program is to provide a mechanism that facilitates habitat development on private property while avoiding an adverse state regulatory impact to the landowner at some future date. A single agreement between the departments and a landowner may encompass up to one thousand acres. A landowner may enter into multiple agreements with the departments, provided that the total acreage covered by such agreements with a single landowner does not exceed ten thousand acres. The departments are not obligated to enter into an agreement unless the departments find that the agreement is in the best interest of protecting fish or wildlife species or their habitat.
     (2) A habitat incentives agreement shall be in writing and shall contain at least the following: A description of the property covered by the agreement, an expiration date, a description of the condition of the property prior to the implementation of the agreement, and other information needed by the landowner and the departments for future reference and decisions.
     (3) ((As part of the agreement, the department of fish and wildlife may stipulate the factors that will be considered when the department evaluates a landowner's application for hydraulic project approval under RCW 77.55.100 or 77.55.110 on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of natural resources and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of hydraulic project approval shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.
     (4))) As part of the agreement, the department of natural resources may stipulate the factors that will be considered when the department evaluates a landowner's application for a forest practices permit under chapter 76.09 RCW on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of fish and wildlife and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of forest practices permits shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.
     (((5))) (4) The agreement is binding on and may be used by only the landowner who entered into the agreement with the department. The agreement shall not be appurtenant with the land. However, if a new landowner chooses to maintain the habitat enhancement efforts on the property, the new landowner and the departments may jointly choose to retain the agreement on the property.
     (((6))) (5) If the departments receive multiple requests for agreements with private landowners under the habitat incentives program, the departments shall prioritize these requests and shall enter into as many agreements as possible within available budgetary resources.

Sec. 11   RCW 89.08.470 and 1998 c 249 s 13 are each amended to read as follows:
     (1) By January 1, 1996, the Washington conservation commission shall develop, in consultation with other state agencies, tribes, and local governments, a consolidated application process for permits for a watershed restoration project developed by an agency or sponsored by an agency on behalf of a volunteer organization. The consolidated process shall include a single permit application form for use by all responsible state and local agencies. The commission shall encourage use of the consolidated permit application process by any federal agency responsible for issuance of related permits. The permit application forms to be consolidated shall include, at a minimum, applications for: (a) Approvals related to water quality standards under chapter 90.48 RCW; and (b) ((hydraulic project approvals under chapter 75.20 RCW; and (c))) section 401 water quality certifications under 33 U.S.C. Sec. 1341 and chapter 90.48 RCW.
     (2) If a watershed restoration project is also a fish habitat enhancement project that meets the criteria of RCW ((75.20.350(1))) 77.55.290(1), the project sponsor shall instead follow the permit review and approval process established in RCW ((75.20.350)) 77.55.290 with regard to state and local government permitting requirements. The sponsor shall so notify state and local permitting authorities.

Sec. 12   RCW 90.58.147 and 1998 c 249 s 4 are each amended to read as follows:
     (1) A public or private project that is designed to improve fish or wildlife habitat or fish passage shall be exempt from the substantial development permit requirements of this chapter when all of the following apply:
     (a) The project has been approved by the department of fish and wildlife; and
     (b) ((The project has received hydraulic project approval by the department of fish and wildlife pursuant to chapter 75.20 RCW; and
     (c))) The local government has determined that the project is substantially consistent with the local shoreline master program. The local government shall make such determination in a timely manner and provide it by letter to the project proponent.
     (2) Fish habitat enhancement projects that conform to the provisions of RCW ((75.20.350)) 77.55.290 are determined to be consistent with local shoreline master programs.

NEW SECTION.  Sec. 13   The following acts or parts of acts are each repealed:
     (1) RCW 77.15.300 (Unlawful hydraulic project activities -- Penalty) and 2000 c 107 s 239 & 1998 c 190 s 52;
     (2) RCW 77.55.020 (Environmental excellence program agreements--Effect on chapter) and 1997 c 381 s 25;
     (3) RCW 77.55.030 (Hazardous substance remedial actions -- Procedural requirements not applicable) and 1994 c 257 s 18;
     (4) RCW 77.55.090 (Mitigation plan review) and 2000 c 107 s 15 & 1997 c 424 s 6;
     (5) RCW 77.55.100 (Hydraulic projects or other work -- Plans and specifications -- Permits -- Approval -- Emergencies) and 2002 c 368 s 2, 2000 c 107 s 16, & 1998 c 190 s 87;
     (6) RCW 77.55.110 (Hydraulic projects for irrigation, stock watering, or streambank stabilization -- Plans and specifications--Approval -- Emergencies) and 2002 c 368 s 3, 1998 c 190 s 88, 1993 sp.s. c 2 s 32, 1991 c 322 s 31, 1988 c 272 s 2, 1988 c 36 s 34, & 1986 c 173 s 2;
     (7) RCW 77.55.120 (Placement of woody debris as condition of permit) and 2000 c 107 s 17, 1993 sp.s. c 2 s 33, & 1991 c 322 s 18;
     (8) RCW 77.55.140 (Hydraulic projects -- Civil penalty) and 2000 c 107 s 19, 1993 sp.s. c 2 s 35, 1988 c 36 s 35, & 1986 c 173 s 6;
     (9) RCW 77.55.150 (Hydraulic projects for removal or control of spartina, purple loosestrife, and aquatic noxious weeds -- Approval may not be required -- Rules -- Definitions) and 1995 c 255 s 4;
     (10) RCW 77.55.170 (Hydraulic appeals board -- Members--Jurisdiction -- Procedures) and 2000 c 107 s 20, 1996 c 276 s 2, 1993 sp.s. c 2 s 37, 1989 c 175 s 160, 1988 c 272 s 3, 1988 c 36 s 37, & 1986 c 173 s 4;
     (11) RCW 77.55.180 (Hydraulic appeals board -- Procedures) and 1995 c 382 s 7, 1989 c 175 s 161, & 1986 c 173 s 5;
     (12) RCW 77.55.190 (Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited) and 1989 c 171 s 8 & 1987 c 343 s 6;
     (13) RCW 77.55.200 (Marine beach front protective bulkheads or rockwalls) and 1991 c 279 s 1;
     (14) RCW 77.55.210 (Watershed restoration projects -- Hydraulic project approval -- Permit processing) and 1995 c 378 s 14;
     (15) RCW 77.55.220 (Definitions -- Hydraulic project approval--Regular maintenance -- Notice required) and 2002 c 368 s 7 & 1996 c 192 s 2;
     (16) RCW 77.55.230 (Hydraulic projects -- Off-site mitigation) and 1996 c 276 s 1;
     (17) RCW 77.55.250 (Wetlands filled under RCW 75.20.300 -- Mitigation not required) and 2000 c 107 s 21 & 1995 c 328 s 1;
     (18) RCW 77.55.260 (Sediment dredging or capping actions -- Dredging of existing channels and berthing areas -- Mitigation not required) and 1997 c 424 s 5;
     (19) RCW 77.55.280 (Hydraulic project approval -- Habitat incentives agreement) and 2001 c 253 s 54 & 1997 c 425 s 4;
     (20) RCW 77.55.330 (Derelict fishing gear -- Removal) and 2002 c 20 s 4;
     (21) RCW 77.55.340 (Hydraulic project approvals -- Storm water discharges) and 2002 c 368 s 4;
     (22) RCW 77.55.350 (Hydraulic project approvals -- Reasonable conditions) and 2002 c 368 s 5; and
     (23) RCW 77.55.360 (Certain secure community transition facilities not subject to this chapter) and 2002 c 68 s 14.

NEW SECTION.  Sec. 14   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003.