H-3330.1  _______________________________________________

 

                          HOUSE BILL 2479

          _______________________________________________

 

State of Washington      56th Legislature     2000 Regular Session

 

By Representatives Stensen, Regala, Linville and Kessler

 

Read first time 01/14/2000.  Referred to Committee on Natural Resources.

Creating a pilot project to allow counties to administer hydraulic permits.


    AN ACT Relating to a pilot project to allow a county to administer hydraulic permits; adding a new section to chapter 75.20 RCW; and creating a new section.

 

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

 

    NEW SECTION.  Sec. 1.  The legislature finds that a pilot project to allow a county to administer hydraulic permits will increase government efficiency, citizen satisfaction, and compliance with state and local environmental requirements.  The legislature further finds that a pilot project will not compromise thorough and competent environmental review.

 

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

    (1) The department may develop a pilot project to allow a county to administer hydraulic permits.  The department has discretion to determine which county may participate in the pilot project.  No county is obligated to participate in the pilot project program.  The pilot project shall be established by written agreement between the department and the participating county.  The department shall retain full oversight authority and shall not delegate rule-making authority during the pilot project.

    (2) The agreement shall specify the types of hydraulic permits the participating county may administer.  However, the county may not administer hydraulic permits associated with forest practices.  The agreement shall incorporate, at a minimum, the regulatory standards of this chapter and Title 220 WAC, provisions for a local appeals process equivalent to that provided by this chapter and Title 220 WAC, and provisions for effective monitoring and enforcement of the hydraulic permits issued by the participating county.  In addition, the agreement shall incorporate the following guidelines:

    (a) There shall be no decrease in protection of fish habitat;

    (b) There shall be no full-time equivalent or funding shift from the department to the participating county; and

    (c) The department shall retain authority to develop programmatic permits and habitat conservation plans.

    (3) The participating county may charge permit applicants to cover any additional cost of processing hydraulic permit applications, including inspection and monitoring, consistent with the county's fee ordinance.  The department shall not seek any contribution from fees collected by the participating county for services performed under the agreement.

    (a) The department and the participating county shall assemble a citizen advisory panel including, at a minimum, representatives of the building industry, environmental groups, and permit applicants.

    (b) The department, with the advice and assistance of the citizen advisory panel, shall analyze the development and implementation of the pilot project and assess whether it merits continued and expanded application to additional jurisdictions.  This analysis shall consider whether the pilot project results in enhanced environmental protection, cost-effectiveness to both the state and the participating county, and efficient service delivery to applicants.  The department and the advisory panel shall deliver the analysis and recommendations to the legislature not more than two years after implementation of the agreement.

 


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