H-3018.1
SUBSTITUTE HOUSE BILL 2456
State of Washington 68th Legislature 2024 Regular Session
By House Transportation (originally sponsored by Representatives
Timmons, Berry, Doglio, Walen, Ramel, Santos, and Pollet)
READ FIRST TIME 02/02/24.
1 AN ACT Relating to ensuring connectivity for Washington wildlife
2 through safe passages; reenacting and amending RCW 43.84.092,
3 43.84.092, and 43.84.092; adding a new section to chapter 47.04 RCW;
4 adding a new section to chapter 77.36 RCW; adding a new section to
5 chapter 46.68 RCW; adding a new section to chapter 77.04 RCW;
6 creating a new section; providing effective dates; and providing
7 expiration dates.
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
9 NEW SECTION. Sec. 1. (1) The legislature finds that:
10 (a) Vehicle collisions kill over 5,000 deer and 300 elk, hundreds
11 of black bears, cougars, bobcats, and coyotes, and tens of thousands
12 of small mammals and amphibians in Washington state per year. Such
13 loss depletes the state's natural heritage, depriving residents of
14 wildlife watching and hunting opportunities, and weakening ecosystem
15 functions required to support human well-being;
16 (b) Wildlife vehicle collisions with deer and elk alone cost
17 Washington residents over $74,000,000 per year in lost work from
18 injury, medical treatment, vehicle damage, emergency response, and
19 insurance payouts. This does not include the cost of lost wildlife;
20 (c) Human development and roads cause loss and fragmentation of
21 habitat, reducing the total area and quality of habitat available to
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1 Washington state's wildlife populations, and impeding normal patterns
2 of movement that wildlife need to meet their daily, seasonal, and
3 long-term life history and population viability needs. For example,
4 Washington state lost over 1.1 million acres of forestland to other
5 uses between 1978 and 2019, and over 80 percent of shrub-steppe
6 habitat has been lost since European settlement;
7 (d) Climate change is already causing wildlife populations to
8 shift home ranges in search of more suitable habitats. Fragmented
9 landscapes with barriers to movement make it more difficult for
10 wildlife to meet their normal needs and to adapt to climate change;
11 (e) Preventing the loss of remaining intact landscape corridors
12 and vulnerable core habitats is crucial for preventing large-scale
13 loss of Washington's biological diversity;
14 (f) The state of Washington and partners have built wildlife
15 crossing structures over and under Interstate 90 and retrofitted one
16 underpass on United States route 97. These structures have reduced
17 wildlife-vehicle collisions by 90 percent in the areas near the
18 crossing structures, showing that this is an effective method of
19 improving wildlife habitat connectivity and public safety; and
20 (g) The state of Washington has developed some of the best
21 wildlife habitat connectivity science in the United States. The
22 department of fish and wildlife, in consultation with the department
23 of transportation, has begun to develop the Washington habitat
24 connectivity action plan to synthesize that science and propose
25 priority actions to protect habitat connectivity corridors and
26 facilitate passage of wildlife across the state's highways.
27 (2) Therefore, it is the intent of the legislature to direct the
28 departments of fish and wildlife and transportation, in cooperation
29 with other state agencies as needed, to identify and protect wildlife
30 habitat connectivity corridors and build appropriate crossing
31 structures to preserve the natural heritage of the state and to
32 improve highway safety by reducing wildlife vehicle collisions.
33 NEW SECTION. Sec. 2. A new section is added to chapter 47.04
34 RCW to read as follows:
35 (1) The department and the department of fish and wildlife shall
36 develop an integrated strategy to implement and periodically update
37 the Washington wildlife habitat connectivity action plan developed by
38 the department of fish and wildlife. In developing their integrated
39 wildlife habitat connectivity strategy, the department and the
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1 department of fish and wildlife shall consult with tribal
2 governments, federal agencies, and nongovernmental partners
3 representing nonprofit conservation organizations and academia, for
4 recommending funding strategies and priorities to the legislature,
5 and developing agency budget requests.
6 (2) The integrated wildlife habitat connectivity strategy should
7 include the following objectives:
8 (a) Help advance projects that provide safe passage for wildlife
9 and the traveling public;
10 (b) Enhance or maintain ecological connectivity for Washington's
11 fish and wildlife species;
12 (c) Bring together state and federal agencies, tribal
13 governments, and a diverse cadre of nongovernmental partners that
14 represent academia, nonprofit organizations, and biological and
15 engineering sciences in the furtherance of this purpose; and
16 (d) Establish a framework for prioritization, oversight, and
17 funding recommendations related to implementing the Washington
18 wildlife habitat connectivity action plan developed by the department
19 of fish and wildlife, and the utilization of funds in the Washington
20 wildlife corridors and Washington wildlife crossings accounts in
21 sections 3 and 4 of this act.
22 NEW SECTION. Sec. 3. A new section is added to chapter 77.36
23 RCW to read as follows:
24 (1) The Washington wildlife corridors account is created in the
25 state treasury. The account may receive moneys appropriated to the
26 account from the general fund and the capital appropriations act and
27 other funding sources as directed or appropriated by the legislature.
28 Private donations may be made to the account. Moneys in the account
29 may be spent only after appropriation.
30 (2) Expenditures from the account may be used for implementation
31 of strategic activities that promote the protection and management of
32 wildlife corridors as identified in the Washington wildlife habitat
33 connectivity action plan developed by the department pursuant to
34 section 308(29), chapter 475, Laws of 2023 including, but not limited
35 to:
36 (a) The purchase of land or interest in land through voluntary
37 conservation easements to protect habitat within key connectivity
38 corridors guided by the Washington wildlife habitat connectivity
39 action plan developed by the department;
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1 (b) Landowner assistance programs including fencing removal and
2 invasive weed control and other habitat restoration activities within
3 corridors;
4 (c) Required updates under sections 2 and 5 of this act to the
5 Washington wildlife habitat connectivity action plan; and
6 (d) Department administrative and personnel staffing needs for
7 implementation of the Washington wildlife habitat connectivity action
8 plan.
9 (3) Biennial spending plans shall be developed consistently with
10 the integrated wildlife habitat connectivity strategy directed in
11 section 2 of this act.
12 (4) Beginning in 2026, the department of transportation and the
13 department of fish and wildlife shall jointly report by June 30th of
14 each even-numbered year, in accordance with RCW 43.01.036, to the
15 appropriate committees of the legislature, the governor's office, and
16 the fish and wildlife commission on expenditures from the account and
17 how the expenditures have furthered implementation of the Washington
18 wildlife habitat connectivity action plan; and additional funding
19 necessary to accomplish the goals of the Washington wildlife habitat
20 connectivity action plan, including estimates for agency staffing
21 needs, matching funds for federal grant opportunities, and other
22 allowable expenditures specified in this section and section 4 of
23 this act.
24 NEW SECTION. Sec. 4. A new section is added to chapter 46.68
25 RCW to read as follows:
26 (1) The Washington wildlife crossings account is created in the
27 state treasury. The account may receive moneys appropriated to the
28 account from the transportation appropriations act and other funding
29 sources as directed by the legislature. Private donations may be made
30 to the account. Moneys in the account may be spent only after
31 appropriation.
32 (2) Expenditures from the account may be used for the design,
33 construction, identification, restoration, and protection of wildlife
34 crossings and other highway features to reduce wildlife-vehicle
35 collisions and habitat fragmentation in this state. Authorized uses
36 of funds in the account include but are not limited to:
37 (a) Conducting feasibility studies, planning, engineering design,
38 construction of crossing structures, retrofits, fencing, wildlife
39 jump-outs, and other features for crossing structures identified as
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1 priorities in the Washington wildlife habitat connectivity action
2 plan developed by the department of fish and wildlife;
3 (b) Using as match for federal grants to construct wildlife
4 crossing structures;
5 (c) Incorporating wildlife connectivity features into the design
6 and construction of fish passage projects where appropriate;
7 (d) Conducting monitoring studies of the effectiveness of
8 constructed crossing structures at facilitating wildlife movement and
9 reducing wildlife-vehicle collisions; and
10 (e) Department administrative and personnel staffing needs
11 related to the design, construction, maintenance, identification,
12 restoration, monitoring, and protection of wildlife crossings and
13 other related highway features.
14 (3) Biennial spending priorities for constructing wildlife
15 crossing structures shall be developed consistently with the
16 integrated wildlife habitat connectivity strategy directed in section
17 2 of this act.
18 (4) Beginning in 2026, the department of transportation and the
19 department of fish and wildlife shall jointly report by June 30th of
20 each even-numbered year, in accordance with RCW 43.01.036, to the
21 appropriate committees of the legislature and the governor's office
22 on expenditures from the account and how the expenditures have
23 furthered implementation of the Washington wildlife habitat
24 connectivity action plan developed by the department of fish and
25 wildlife; and additional funding necessary to accomplish the goals of
26 the Washington wildlife habitat connectivity action plan, including
27 estimates for agency staffing needs, matching funds for federal grant
28 opportunities, and other allowable expenditures specified in this
29 section and section 3 of this act.
30 NEW SECTION. Sec. 5. A new section is added to chapter 77.04
31 RCW to read as follows:
32 The department shall take the following actions to implement its
33 Washington wildlife habitat connectivity action plan:
34 (1) Develop strategies for habitat protection and restoration in
35 priority corridors including, but not limited to:
36 (a) Recommendations and cost estimates on the purchase of
37 conservation easements by the department or other appropriate state
38 agencies or nonprofit land trusts;
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1 (b) Incorporation of mapped connectivity corridors in the
2 priority habitats and species program;
3 (c) Providing county planning departments with appropriate
4 habitat connectivity data to support the development of and updates
5 to comprehensive plans and open space policies; and
6 (d) Conducting outreach and education with private landowners;
7 (2) Update the Washington wildlife habitat connectivity action
8 plan every six years based on actions accomplished in the prior
9 period, and incorporating new science and other relevant technical
10 and policy information. In the course of preparing updates to the
11 Washington wildlife habitat connectivity action plan, the department
12 shall consult with the department of transportation, tribes,
13 interested stakeholders, and academic institutions;
14 (3) Prepare biennial reports to the appropriate committees of the
15 legislature regarding progress on implementation of the Washington
16 wildlife habitat connectivity action plan and funding needs to
17 accomplish the plan's goals; and
18 (4) Nothing in this section conveys additional authority to the
19 department regarding regulation of land use.
20 Sec. 6. RCW 43.84.092 and 2023 c 435 s 13, 2023 c 431 s 9, 2023
21 c 389 s 9, 2023 c 377 s 6, 2023 c 340 s 9, 2023 c 110 s 2, 2023 c 73
22 s 9, and 2023 c 41 s 3 are each reenacted and amended to read as
23 follows:
24 (1) All earnings of investments of surplus balances in the state
25 treasury shall be deposited to the treasury income account, which
26 account is hereby established in the state treasury.
27 (2) The treasury income account shall be utilized to pay or
28 receive funds associated with federal programs as required by the
29 federal cash management improvement act of 1990. The treasury income
30 account is subject in all respects to chapter 43.88 RCW, but no
31 appropriation is required for refunds or allocations of interest
32 earnings required by the cash management improvement act. Refunds of
33 interest to the federal treasury required under the cash management
34 improvement act fall under RCW 43.88.180 and shall not require
35 appropriation. The office of financial management shall determine the
36 amounts due to or from the federal government pursuant to the cash
37 management improvement act. The office of financial management may
38 direct transfers of funds between accounts as deemed necessary to
39 implement the provisions of the cash management improvement act, and
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1 this subsection. Refunds or allocations shall occur prior to the
2 distributions of earnings set forth in subsection (4) of this
3 section.
4 (3) Except for the provisions of RCW 43.84.160, the treasury
5 income account may be utilized for the payment of purchased banking
6 services on behalf of treasury funds including, but not limited to,
7 depository, safekeeping, and disbursement functions for the state
8 treasury and affected state agencies. The treasury income account is
9 subject in all respects to chapter 43.88 RCW, but no appropriation is
10 required for payments to financial institutions. Payments shall occur
11 prior to distribution of earnings set forth in subsection (4) of this
12 section.
13 (4) Monthly, the state treasurer shall distribute the earnings
14 credited to the treasury income account. The state treasurer shall
15 credit the general fund with all the earnings credited to the
16 treasury income account except:
17 (a) The following accounts and funds shall receive their
18 proportionate share of earnings based upon each account's and fund's
19 average daily balance for the period: The abandoned recreational
20 vehicle disposal account, the aeronautics account, the Alaskan Way
21 viaduct replacement project account, the ambulance transport fund,
22 the brownfield redevelopment trust fund account, the budget
23 stabilization account, the capital vessel replacement account, the
24 capitol building construction account, the Central Washington
25 University capital projects account, the charitable, educational,
26 penal and reformatory institutions account, the Chehalis basin
27 account, the Chehalis basin taxable account, the cleanup settlement
28 account, the climate active transportation account, the climate
29 transit programs account, the Columbia river basin water supply
30 development account, the Columbia river basin taxable bond water
31 supply development account, the Columbia river basin water supply
32 revenue recovery account, the common school construction fund, the
33 community forest trust account, the connecting Washington account,
34 the county arterial preservation account, the county criminal justice
35 assistance account, the covenant homeownership account, the deferred
36 compensation administrative account, the deferred compensation
37 principal account, the department of licensing services account, the
38 department of retirement systems expense account, the developmental
39 disabilities community services account, the diesel idle reduction
40 account, the opioid abatement settlement account, the drinking water
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1 assistance account, the administrative subaccount of the drinking
2 water assistance account, the early learning facilities development
3 account, the early learning facilities revolving account, the Eastern
4 Washington University capital projects account, the education
5 construction fund, the education legacy trust account, the election
6 account, the electric vehicle account, the energy freedom account,
7 the energy recovery act account, the essential rail assistance
8 account, The Evergreen State College capital projects account, the
9 fair start for kids account, the ferry bond retirement fund, the
10