Z-1357.2  _______________________________________________

                         SENATE BILL 6615

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senators Regala, Jacobsen, Snyder, Spanel and Swecker; by request of Department of Fish and Wildlife

Read first time 01/23/2002.  Referred to Committee on Natural Resources, Parks & Shorelines.

Allowing the department of fish and wildlife to charge a fee for hydraulic project approvals processing.

    AN ACT Relating to providing a fee for hydraulic project approvals; amending RCW 43.135.055; adding a new section to chapter 77.55 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.  The legislature finds that hydraulic project approvals required under chapter 77.55 RCW are currently processed by the department of fish and wildlife at no cost to the applicant.  The work necessary to process these applications ranges from a simple review to an extensive negotiated mitigation, and may result in an administrative appeal if a hydraulic project approvals application is denied or conditioned.

    The legislature finds that the department of fish and wildlife should be authorized to charge a fee for processing and issuing decisions on hydraulic project approvals applications in order to defray the cost incurred by the department.  The fee system will be based on the scale and complexity of the proposed project or activity, and whether the application is an original or a time extension, renewal, or alteration.  Fish habitat enhancement projects conducted under RCW 77.55.290 are exempt.

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

    (1) The department must charge a fee for processing and issuing decisions on hydraulic project approvals applications.  The fee must be based on the scale and complexity of the project.  By July 31, 2002, the commission, in collaboration with interested and affected parties, must adopt rules that set forth the fee criteria and amount for these various categories of approvals.  The criteria and amounts must be based on a workload analysis conducted by the department as part of the rule development process.  The fee criteria may include the capital cost of the project.

    (2) Habitat enhancement projects conducted pursuant to RCW 77.55.290 are exempted from fees.

    (3) Revenue generated by these fees must be dedicated to fund hydraulic project approvals processing and issuing decisions conducted by the department.

    (4) A fee established under this section is exempt from the fee restriction provisions found under RCW 43.135.055.

    (5) Fees charged under this section for processing and issuing decisions on hydraulic project approvals applications must be deposited in the general fund.

    Sec. 3.  RCW 43.135.055 and 2001 c 314 s 19 are each amended to read as follows:

    (1) No fee may increase in any fiscal year by a percentage in excess of the fiscal growth factor for that fiscal year without prior legislative approval.

    (2) This section does not apply to an assessment made by an agricultural commodity commission or board created by state statute or created under a marketing agreement or order under chapter 15.65 or 15.66 RCW, or to the forest products commission, if the assessment is approved by referendum in accordance with the provisions of the statutes creating the commission or board or chapter 15.65 or 15.66 RCW for approving such assessments.

(3) This section does not apply to fees charged by the department of fish and wildlife to process hydraulic project approvals applications under section 2 of this act.

NEW SECTION. Sec. 4.  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 immediately.

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