1845 AMH BOLD FRAS 54

HB 1845 - H AMD ADOPTED 4/9/01

By Representative Boldt

     Strike everything after the enacting clause and insert the following: 

     "Sec. 1.  RCW 78.44.085 and 1997 c 413 s 1 are each amended to read as follows:

      (1) An applicant for a public or private reclamation permit shall pay ((an)) a non-refundable application fee to the department before being granted a surface mining permit.  The amount of the application fee shall be ((six hundred fifty)) one thousand dollars.

     (2) After June 30, ((1993)) 2001, each public or private permit holder shall pay an annual permit fee of ((six hundred fifty)) one thousand dollars.  The annual permit fee shall be payable to the department on the first anniversary of the permit date and each year thereafter.  Annual fees paid by a county for mines used exclusively for public works projects and having less than seven acres of disturbed area per mine shall not exceed one thousand dollars.  Annual fees are waived for all mines used primarily for public works projects if the mines are owned and primarily operated by counties with 1993 populations of less than twenty thousand persons, and if each mine has less than seven acres of disturbed area.

     (3) Appeals from any determination of the department shall not stay the requirement to pay any annual permit fee.  Failure to pay the annual fee may constitute grounds for an order to suspend surface mining or cancellation of the reclamation permit as provided in this chapter.

     (4) All fees collected by the department shall be deposited into the surface mining reclamation account.

     (5) If the department delegates enforcement responsibilities to a county, city, or town, the department may allocate funds collected under this section to the county, city, or town.

(6)  Within sixty days after receipt of a permit application, the department shall advise applicants of any information necessary to successfully complete the application.

NEW SECTION.  Sec. 2.  By January 1, 2003, the department of natural resources shall report to the appropriate policy and fiscal committees of the legislature regarding program deliverables and uses of the new fee revenue.

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 takes effect July 1, 2001."

     Correct the title.

EFFECT:  The underlying bill would have increased the permit fee from $650 to $1,200; the amendment increases the fee to $1,000.  The amendment also adds the requirement that the department advise permit applicants of any information needed to complete the application.  Requires the DNR to report to the legislature on program deliverables and uses of the new fee revenue.  Adds an emergency clause to make the changes effective July 1, 2001.