HOUSE BILL REPORT
SB 6531
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Ecology & Parks
Title: An act relating to environmental mitigation in highway construction.
Brief Description: Addressing environmental mitigation in highway construction.
Sponsors: Senator Haugen.
Brief History:
Ecology & Parks: 2/22/08, 2/27/08 [DPA].
Brief Summary of Bill (As Amended by House Committee) |
|
HOUSE COMMITTEE ON ECOLOGY & PARKS
Majority Report: Do pass as amended. Signed by 8 members: Representatives Upthegrove, Chair; Rolfes, Vice Chair; Sump, Ranking Minority Member; Dickerson, Eickmeyer, Kristiansen, O'Brien and Pearson.
Staff: Jaclyn Ford (786-7339).
Background:
Under the State Environmental Policy Act (SEPA) and the National Environmental Policy
Act (NEPA), the Washington State Department of Transportation (WSDOT) is required to
review unavoidable environmental impacts of transportation construction projects and
identify possible mitigation measures. Mitigation may include enhancing existing
environments or creating new habitats.
Under the Growth Management Act certain counties and cities are required to designate
agricultural lands that are of long-term commercial significance and develop conservation
strategies applicable to those lands.
Summary of Amended Bill:
The WSDOT will consider using state and local public land first when agricultural lands of
long-term commercial significance are being considered for environmental mitigation
requirements under the NEPA and the SEPA. If state and local public lands are not available,
the WSDOT should avoid any net loss of agricultural lands that have a designation of
long-term commercial significance.
Amended Bill Compared to Original Bill:
This bill limits the WSDOT's consideration of using public land first to meet highway
construction environmental mitigation requirements to projects where agricultural lands of
long-term commercial significance are being considered for environmental mitigation. This
bill clarifies that "public land" is both state and local public land.
Appropriation: None.
Fiscal Note: Available.
Effective Date of Amended Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) None.
(With concerns) This would be a considerable change to the WSDOT's practice. This bill
should focus on projects that have a potential to access agricultural lands. Some changes to
the bill would allow streamlining.
(Opposed) Agricultural lands have been converted to mitigation banks and some
communities do not appreciate the benefits of mitigation banks. So, this bill may be trying to
use public land instead of converting agricultural land to wetland mitigation areas. This bill
is not a good solution; some terms in the bill can only be determined by the courts. This bill
is not necessary.
Persons Testifying: (With concerns) Megan White, Washington State Department of
Transportation.
(Opposed) Mike Ryherd, Clear Valley Environmental Farm.