Net Ecological Gain Standard Proviso Summary Report

This legislative report fulfills Washington State Department of Fish and Wildlife’s (WDFW, or the Department) requirement to investigate a pathway for incorporating a Net Ecological Gain (NEG) standard into state law (as outlined in Engrossed Substitute Senate Bill 5092); it is prepared by WDFW for the Washington State Governor and Legislature.

The report is organized into three chapters:

1. Introduction
   • Background
   • Scope of NEG legislation
2. Qualitative Analysis
   • Engagement with stakeholders and tribes
   • Secondary research
3. Recommendations and Next Steps
   • Revised NEG Definition
   • Recommendations

Chapter 1 includes an overview of the No Net Loss (NNL) and Net Ecological Gain (NEG) history in Washington policy and details the approach for assessing NEG standards on private projects.

Chapter 2 provides an overview of the project team’s approach for assessing NEG and NNL through secondary research and engagement, and key findings from this engagement. It also projects an overview of secondary research conducted by the project team, including a literature review of NNL/NEG policy precedent set by other communities, and a comprehensive regulatory review of existing Washington state policies.

Chapter 3 presents a proposed updated NEG definition developed through engagement and secondary research, as well as final recommendations for the legislature to consider regarding integrating NEG standards into Washington policy and enhancing existing NNL standards.

The report has four appendices. Appendix A includes a detailed summary of the literature reviewed as part of the secondary research element of the project. Appendix B includes a detailed memo of the review of existing Washington state policies. Appendix C includes a complete interview guide and questions asked of experts as part of the one-on-one project interviews. Appendix D includes the full WSAS Report on Net Ecological Gain developed in response to the 2021 proviso within Senate Bill 5092.