SB 5228 — Concerning the definition of hydraulic project in relation to the hydraulic project approval permits.

S-1323.3SUBSTITUTES-0347.1SENATE SENATE BILL 5228State of Washington65th Legislature2017 Regular SessionBy Senate Natural Resources & Parks (originally sponsored by Senators Honeyford, Rivers, Fortunato, Becker, Bailey, Ericksen, Warnick, and Pearson)READPearsonRead FIRSTfirst TIMEtime 02/16/17.AN01/18/17. ACT Relating to establishing the joint legislative task force on hydraulic project approval program jurisdiction;

creatingReferred ato newCommittee section;on Natural Resources & Parks.AN ACT Relating to the definition of hydraulic project in relation to the hydraulic project approval permits;

and providingreenacting anand expirationamending date.BERCW 77.55.011.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEWWASHINGTON:Sec. 1.  RCW SECTION.  Sec. 1.  (1)(a)77.55.011 A joint legislative task force on hydraulic project approval program jurisdiction is established, with members as provided in this subsection.(i) The president of the senate must appoint one member from each of the two largest caucuses of the senate.(ii) The speaker of the house of representatives must appoint one member from each of the two largest caucuses of the house of representatives.(iii) The legislative members must appoint additional members representing stakeholders including, but not limited to, business, local government, agricultural, and conservation2012 interests,1st andsp.s. request representation from tribal governments.(iv) The director of fish and wildlife, or the director's designee, must serve as a member.(b) The task force must choose cochairs from among its legislative membership.

Thec legislative1 memberss must101 conveneare theeach initialreenacted meetingand ofamended theto taskread force.(2)as Thefollows:The taskdefinitions forcein mustthis reviewsection currentapply law,throughout currentthis andchapter historicalunless practices of the departmentcontext ofclearly fishrequires andotherwise.(1) wildlife,"Bed" andmeans alternative approaches concerning the extentland ofbelow hydraulic project approval program jurisdiction.(3) Staff support for the taskordinary forcehigh mustwater belines provided by senate committee services and the house of representativesstate officewaters. of program research.

TheThis definition does not include irrigation ditches, canals, storm water runoff devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered artificially.(2) "Board" means the pollution control hearings board created in chapter 43.21B RCW.(3) "Commission" means the state fish and wildlife commission.(4) "Date of receipt" has the same meaning as defined in RCW 43.21B.001.(5) "Department" means the department of fish and wildlifewildlife.(6) must"Director" cooperatemeans withthe director of the taskdepartment forceof fish and providewildlife.(7) information"Emergency" asmeans an immediate threat to life, the taskpublic, forceproperty, mayor reasonablyof request.(4)environmental Legislativedegradation.(8) members"Emergency permit" means a verbal hydraulic project approval or the written follow-up to the verbal approval issued to a person under RCW 77.55.021(12).(9) "Expedited permit" means a hydraulic project approval issued to a person under RCW 77.55.021 (14) and (16).(10) "Forest practices hydraulic project" means a hydraulic project that requires a forest practices application or notification under chapter 76.09 RCW.(11) "Hydraulic project" means the construction or performance of work at or below the taskordinary forcehigh arewater reimbursedline that will use, divert, obstruct, or change the natural flow or bed of any of the salt or freshwaters of the state.(12) "Imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for travela expensespermit inapplication.(13) accordance"Marina" withmeans RCWa 44.04.120.public or private facility providing boat moorage space, fuel, or commercial services.

NonlegislativeCommercial membersservices include but are not entitledlimited to overnight or live-aboard boating accommodations.(14) "Marine terminal" means a public or private commercial wharf located in the navigable water of the state and used, or intended to be reimbursedused, foras travela expensesport ifor theyfacility arefor electedthe officialsstoring, handling, transferring, or aretransporting participatingof goods to and from vessels.(15) "Multiple site permit" means a hydraulic project approval issued to a person under RCW 77.55.021 for hydraulic projects occurring at more than one specific location and which includes site-specific requirements.(16) "Ordinary high water line" means the mark on behalfthe shores of anall employer,water governmentalthat entity,will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years as to mark upon the soil or othervegetation organization.a character distinct from the abutting upland.

AnyProvided, reimbursementthat forin otherany nonlegislativearea memberswhere the ordinary high water line cannot be found, the ordinary high water line adjoining saltwater is subjectthe toline chapterof 43.03mean RCW.(5)higher Thehigh expenseswater and the ordinary high water line adjoining freshwater is the elevation of the taskmean forceannual mustflood.(17) be"Pamphlet paidhydraulic jointlyproject" means a hydraulic project for the removal or control of aquatic noxious weeds conducted under the aquatic plants and fish pamphlet authorized by RCW 77.55.081, or for mineral prospecting and mining conducted under the senategold and fish pamphlet authorized by RCW 77.55.091.(18) "Permit" means a hydraulic project approval permit issued under this chapter.(19) "Permit modification" means a hydraulic project approval issued to a person under RCW 77.55.021 that extends, renews, or changes the houseconditions of representatives.a previously issued hydraulic project approval.(20) "Sandbars" includes, but is not limited to, sand, gravel, rock, silt, and sediments.(21) "Small scale prospecting and mining" means the use of only the following methods:

TaskPans; force expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.(6) The task force must provide a brief summary of its work and any recommendations to the appropriate committees of the legislature by October 1, 2017.(7) This section expires June 30, 2018.--- END ---

nonmotorized sluice boxes;

concentrators;

and minirocker boxes for the discovery and recovery of minerals.(22) "Spartina," "purple loosestrife," and "aquatic noxious weeds" have the same meanings as defined in RCW 17.26.020.(23) "Stream bank stabilization" means those projects that prevent or limit erosion, slippage, and mass wasting.

These projects include, but are not limited to, bank resloping, log and debris relocation or removal, planting of woody vegetation, bank protection using rock or woody material or placement of jetties or groins, gravel removal, or erosion control.(24) "Tide gate" means a one-way check valve that prevents the backflow of tidal water.(25) "Waters of the state" and "state waters" means all salt and freshwaters waterward of the ordinary high water line and within the territorial boundary of the state.--- END ---