BILL REQ. #:  S-4561.1 

Read first time 01/23/08.   Referred to Committee on Transportation.

     AN ACT Relating to service areas for wetlands mitigation banks; and amending RCW 90.84.030 and 90.84.050.

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

Sec. 1   RCW 90.84.030 and 1998 c 248 s 4 are each amended to read as follows:
     (1) Subject to the requirements of this chapter, the department, through a collaborative process, shall adopt rules for:
     (((1))) (a) Certification, operation, and monitoring of wetlands mitigation banks. The rules shall include procedures to assure that:
     (((a))) (i) Priority is given to banks providing for the restoration of degraded or former wetlands;
     (((b))) (ii) Banks involving the creation and enhancement of wetlands are certified only where there are adequate assurances of success and that the bank will result in an overall environmental benefit; and
     (((c))) (iii) Banks involving the preservation of wetlands or associated uplands are certified only when the preservation is in conjunction with the restoration, enhancement, or creation of a wetland, or in other exceptional circumstances as determined by the department consistent with this chapter;
     (((2))) (b) Determination and release of credits from banks. Procedures regarding credits shall authorize the use and sale of credits to offset adverse impacts and the phased release of credits as different levels of the performance standards are met;
     (((3))) (c) Public involvement in the certification of banks, using existing statutory authority;
     (((4))) (d) Coordination of governmental agencies;
     (((5))) (e) Establishment of criteria for determining service areas for each bank in accordance with subsection (2) of this section;
     (((6))) (f) Performance standards; and
     (((7))) (g) Long-term management, financial assurances, and remediation for certified banks.
     (2) The criteria for determining service areas under subsection (1)(e) of this section shall include:
     (a) A requirement that restricts the service area of a wetlands mitigation bank to the water resource inventory area (WRIA) as established under chapter 173-500 WAC in which the bank is located except in exceptional circumstances where a service area may include parts of an adjacent WRIA if it is ecologically defensible and appropriate;
     (b) Definitions of exceptional circumstance for expansion of a service area beyond the immediate WRIA boundaries in which the bank is located; and
     (c) Designation that the department and the appropriate city or county in which the bank is located have final approval for determining the service areas for a specific bank.
     (3) Before adopting rules under this chapter, the department shall submit the proposed rules to the appropriate standing committees of the legislature. By January 30, 1999, the department shall submit a report to the appropriate standing committees of the legislature on its progress in developing rules under this chapter.

Sec. 2   RCW 90.84.050 and 1998 c 248 s 6 are each amended to read as follows:
     (1) Prior to authorizing use of credits from a bank as a means of mitigation under a permit issued or approved by the department, the department must assure that all appropriate and practicable steps have been undertaken to first avoid and then minimize adverse impacts to wetlands. In determining appropriate steps to avoid and minimize adverse impacts to wetlands, the department shall take into consideration the functions and values of the wetland, including fish habitat, groundwater quality, and protection of adjacent properties.
     (2) The department may approve use of credits from a bank when:
     (((1))) (a) The credits represent the creation, restoration, or enhancement of wetlands of like kind and in close proximity when estuarine wetlands are being mitigated;
     (((2))) (b) There is no practicable opportunity for on-site compensation; or
     (((3))) (c) Use of credits from a bank is environmentally preferable to on-site compensation.
     (3) In addition, for linear public infrastructure projects, the department may approve the use of credits from a bank for impacts located outside of the designated service area of the bank as determined in RCW 90.84.030(1)(e) when at least seventy-five percent of the project impacts are located within the service area.