BILL REQ. #:  S-4298.1 

READ FIRST TIME 01/28/10.   

     AN ACT Relating to the purchase of wetland mitigation bank credits by the department of transportation; and amending RCW 47.01.305.

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

Sec. 1   RCW 47.01.305 and 2009 c 471 s 1 are each amended to read as follows:
     (1) For highway construction projects where the department considers agricultural lands of long-term commercial significance, as defined in RCW 36.70A.030, in reviewing and selecting sites to meet environmental mitigation requirements under the national environmental policy act (42 U.S.C. Sec. 4321 et seq.) and chapter 43.21C RCW, the department shall, to the greatest extent possible, consider using public land first.
     (2) If public lands are not available that meet the required environmental mitigation needs, the department may use other sites while making every effort to avoid any net loss of agricultural lands that have a designation of long-term commercial significance.
     (3) When purchasing compensatory wetland mitigation bank credits, the department must consider the wetland mitigation bank that provides the most benefit or multiple benefits to the impacted habitat. When possible, the department must consider purchasing credit from the wetland mitigation bank that provides the most benefit and likelihood for success.