2757-S AMH ROCK H4451.1

2757-S AMH ROCK H4451.1

SHB 2757 - H AMD 0246 Adopted 2-19-02

By Representative Rockefeller

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that:

(1) The department of fish and wildlife issues thousands of hydraulic project approval permits each year for hydraulic projects or work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state.

(2) The hydraulic project approval permit program can provide important habitat protection for salmon, steelhead, and trout stocks listed under the federal endangered species act.

(3) Determining the cost of processing, issuing, and implementing decisions on hydraulic project approval permit applications and whether a funding system that fairly allocates benefits to the applicant and to the public is desirable or possible.

(4) Since hydraulic project approval permit authority was first granted to the department of fish and wildlife there has been no external review and analysis of the program to determine its effectiveness.

(5) The state fish and wildlife commission should take a lead role in conducting such a review and analysis of the hydraulic project approval permit program.

NEW SECTION. Sec. 2. A new section is added to chapter 77.55 RCW to read as follows:

(1) There is hereby created the hydraulic project approval permit program technical advisory group as a subcommittee of the state fish and wildlife commission.

(2) The hydraulic project approval permit program technical advisory group shall consist of seventeen members including: One member of the commission who must serve as chair of the group; one member designated by the secretary of transportation; one member designated by the director of fish and wildlife; one member designated by the director of ecology; one member designated by the commissioner of public lands; one member representing local government designated by the association of Washington cities and the Washington state association of counties; one member designated by the Washington state public ports association; one member designated by the regional fisheries enhancement group advisory board; one member designated by the Washington state farm bureau; one member representing marine construction, designated by the building industry association of Washington and the associated general contractors of Washington; one member designated by the American council of engineering companies; one member designated by the northwest Indian fisheries commission; one member designated by aquaculture interests; two members representing environmental organizations; one member designated by commercial fishing interests; and one member designated by recreational fishing interests.

(3) Representatives from federal regulatory agencies, including the United States army corps of engineers, the environmental protection agency, the national marine fisheries service, and the United States fish and wildlife service must be invited to participate in technical advisory group work.

(4) The committee may create technical subcommittees as needed.

(5) The commission may employ temporary staff or contract for services to provide administrative and technical assistance to the hydraulic project approval permit program technical advisory group.

NEW SECTION. Sec. 3. A new section is added to chapter 77.55 RCW to read as follows:

(1) The hydraulic project approval permit program technical advisory group must conduct a study of the state hydraulic project approval permit program to determine:

(a) If there are clear statutory and administrative goals for the program;

(b) Whether the activities, projects, and physical areas covered by the program are clearly delineated in statute;

(c) Whether there is redundancy, duplication, or conflict between federal, state, or local regulatory programs of similar nature;

(d) Whether the hydraulic project approval permit program is being administered in an economical, cost-effective manner and whether there are system efficiencies that can be used to improve program performance in protecting fish life and processing permits;

(e) Consistency of hydraulic project approval permit program implementation from region to region of the state;

(f) The effectiveness of hydraulic project approval permit conditions and mitigation requirements in terms of protecting fish life;

(g) The adequacy of hydraulic project approval permit monitoring to ensure that the protection of fish life is being achieved;

(h) If currently available training and education programs are adequate and appropriate for educating department personnel responsible for adopting, implementing, and enforcing the hydraulic code and industry and other groups responsible for complying with hydraulic program requirements;

(i) Whether the hydraulic appeals board process and membership under RCW 77.55.170 can be modified to improve the hydraulic appeals process; and

(j) Based on findings from (c) through (e) of this subsection, whether existing funding sources:

(i) Are adequate for program workload; and

(ii) Fairly distribute program costs and benefits between the general taxpayer and program applicants.

(2) Once the hydraulic project approval permit program technical advisory group has concluded review of the existing program and the areas listed in subsection (1) of this section, the group must develop and provide a report to the commission, the governor, and the legislature that provides recommendations for administrative and statutory changes to improve the program, and appropriate funding sources for the program. However, projects whose sole purpose is to restore and enhance habitat are exempt from the payment of fees. The report must also identify outcome-based performance measures to improve the timeliness of permit issuance, service delivery, and client satisfaction.

(3) For those recommendations that do not receive the unanimous support of the hydraulic project approval permit program technical advisory group, a list of options for addressing the identified issue must be provided as part of the report.

(4) Any recommendations of the hydraulic project approval permit program technical advisory group concerning fees must be consistent with the direction provided in RCW 76.09.030(2) to work for the integration of the forest practices and hydraulic permitting processes. It is the legislature's intent that no hydraulic permit fees be charged once these two permitting processes are integrated.

(5) The final report of the hydraulic project approval permit program technical advisory group must be provided to the commission, the governor, and the appropriate committees of the legislature by November 15, 2002."

Correct the title.