57th Legislature

2001 1st Special Session


Passed by the House May 8, 2001

  Yeas 75   Nays 9



Speaker of the House of Representatives



Speaker of the House of Representatives






Passed by the Senate May 24, 2001

  Yeas 42   Nays 2



President of the Senate






We, Timothy A. Martin and Cynthia Zehnder, Co‑Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1845 as passed by the House of Representatives and the Senate on the dates hereon set forth.




Chief Clerk




Chief Clerk











Governor of the State of Washington













Secretary of State

State of Washington








Passed Legislature ‑ 2001 1st Special Session


State of Washington      57th Legislature     2001 Regular Session


  By Representatives Sehlin and H. Sommers; by request of Department of Natural Resources


Read first time 02/06/2001.  Referred to Committee onAppropriations.

_1      AN ACT Relating to surface mining reclamation permit fees;

_2  amending RCW 78.44.085; creating a new section; providing an

_3  effective date; and declaring an emergency.




_5      Sec. 1.  RCW 78.44.085 and 1997 c 413 s 1 are each amended to read

_6  as follows:

_7      (1) An applicant for a public or private reclamation permit

_8  shall pay ((an)) a nonrefundable application fee to the department

_9  before being granted a surface mining permit.  The amount of the

10  application fee shall be ((six hundred fifty)) one thousand

11  dollars.

12      (2) After June 30, ((1993)) 2001, each public or private permit

13  holder shall pay an annual permit fee of ((six hundred fifty)) one

14  thousand dollars.  The annual permit fee shall be payable to the

15  department on the first anniversary of the permit date and each

16  year thereafter.  Annual fees paid by a county for mines used

17  exclusively for public works projects and having less than seven

18  acres of disturbed area per mine shall not exceed one thousand

                               p. 1                   EHB 1845.PL

_1  dollars.  Annual fees are waived for all mines used primarily for

_2  public works projects if the mines are owned and primarily

_3  operated by counties with 1993 populations of less than twenty

_4  thousand persons, and if each mine has less than seven acres of

_5  disturbed area.

_6      (3) Appeals from any determination of the department shall not

_7  stay the requirement to pay any annual permit fee.  Failure to pay

_8  the annual fee may constitute grounds for an order to suspend

_9  surface mining or cancellation of the reclamation permit as

10  provided in this chapter.

11      (4) All fees collected by the department shall be deposited

12  into the surface mining reclamation account.

13      (5) If the department delegates enforcement responsibilities to

14  a county, city, or town, the department may allocate funds

15  collected under this section to the county, city, or town.

16      (6) Within sixty days after receipt of a permit application,

17  the department shall advise applicants of any information

18  necessary to successfully complete the application.  

19      NEW SECTION.  Sec. 2.  By January 1, 2003, the department of

20  natural resources shall report to the appropriate policy and

21  fiscal committees of the legislature regarding program

22  deliverables and uses of the new fee revenue.


23      NEW SECTION.  Sec. 3.  This act is necessary for the immediate

24  preservation of the public peace, health, or safety, or support of

25  the state government and its existing public institutions, and

26  takes effect July 1, 2001.


‑‑‑ END ‑‑‑


EHB 1845.PL                    p. 2