Z-0472

AN ACT Relating to imposing fees for hydraulic permits issued for construction projects in state waters; adding a new section to chapter 75.20 RCW; creating a new section; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that the departments of fisheries and wildlife process approximately six thousand applications a year for permits relating to construction projects in state waters. Value is conferred upon permit recipients since issuance of a permit authorizes the utilization of state waters for private purposes and benefits. Costs associated with a typical permit application include coordination of the permit application with other agencies, the evaluation of an activity's impacts, the preparation and issuance of documents authorizing or denying a proposed activity, investigations, and monitoring.

It is the intent of the legislature to adopt a schedule of fees for applications for construction projects in state waters that reflect the costs to the state in processing permit applications. The fees are based upon an analysis of costs incurred by the departments of fisheries and wildlife in implementing their regulatory programs. The fees reflect the approximate staff effort required to perform the analytical and administrative tasks associated with commercial and noncommercial activities.

The legislature finds that commercial activities are generally large in scope, complex, pose substantial impacts, generate controversy, and require intensive evaluation. Consequently those activities require a high level of regulatory review which results in increased costs. Commercial activities that fall within the jurisdiction of the United States Army corps of engineers require the highest level of effort. The legislature finds that noncommercial activities are generally narrower in scope and impacts, less controversial, less complex, and require less staff effort than commercial activities. Thus the proposed fees for noncommercial activities are lower because the state incurs less costs when evaluating such activities.

NEW SECTION. Sec. 2. A new section is added to chapter 75.20 RCW to read as follows:

(1) Fees are required for the review and evaluation of permit applications under this chapter. All applicable fees are nonrefundable, irrespective of whether the final decision is to issue or deny the requested permit. Each application for a permit shall be accompanied by the applicable fee provided in this section. No application for a permit will be accepted for evaluation without the applicable fee being remitted. After the application has been examined and a determination made that the fee remitted is not the applicable fee for the specific type of permit required, the applicant will be notified of any additional fee required prior to processing.

(2) The fees charged for permit applications are:

CORPS COMMERCIAL ACTIVITY $1,000.

COMMERCIAL ACTIVITY $ 650.

NONCOMMERCIAL ACTIVITY $ 50.

MINERAL PROSPECTING $ 25.

(3) The fee charged for permit time extensions, permit renewals, and permit modifications which do not involve a significant change in project scope or impacts is thirty-five dollars.

(4) On January 1 of each odd-numbered year, the director shall adjust all fees under this chapter in accordance with the implicit price deflator published by the United States department of commerce. Fees adjusted under this section shall be rounded to the nearest ten dollars.

(5) The department of fisheries and the department of wildlife shall jointly adopt rules to administer the hydraulic permit fees contained in this section.

(6) For the purposes of this section:

(a) "Commercial activity" means those where the planned or ultimate purpose of the activity is commercial or industrial in nature and is in support of operations that charge for the production, distribution, or sale of goods or services. Activities by or on behalf of a governmental entity are commercial.

(b) "Noncommercial activity" means those that have no connection with a commercial enterprise and provide personal benefits. Small scale agricultural activities that are narrow in scope and impacts are noncommercial.

NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.