BILL REQ. #:  H-0734.1 

Read first time 01/29/2003.   Referred to Committee on Fisheries, Ecology & Parks.

     AN ACT Relating to hydraulic project approvals applications; amending RCW 77.12.170 and 43.135.055; and adding a new section to chapter 77.55 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.55 RCW to read as follows:
     (1) The department may 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, 2004, 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.

Sec. 2   RCW 77.12.170 and 2001 c 253 s 15 are each amended to read as follows:
     (1) There is established in the state treasury the state wildlife fund which consists of moneys received from:
     (a) Rentals or concessions of the department;
     (b) The sale of real or personal property held for department purposes;
     (c) The sale of licenses, permits, tags, and stamps required by chapter 77.32 RCW and RCW 77.65.490, except annual resident adult saltwater and all shellfish licenses, which shall be deposited into the state general fund;
     (d) Fees for informational materials published by the department;
     (e) Fees for personalized vehicle license plates as provided in chapter 46.16 RCW;
     (f) Articles or wildlife sold by the director under this title;
     (g) Compensation for damage to department property or wildlife losses or contributions, gifts, or grants received under RCW 77.12.320 or 77.32.380;
     (h) Excise tax on anadromous game fish collected under chapter 82.27 RCW;
     (i) The sale of personal property seized by the department for fish, shellfish, or wildlife violations; ((and))
     (j) The department's share of revenues from auctions and raffles authorized by the commission; and
     (k) Fees for processing and issuing decisions for hydraulic project approvals conducted under chapter 77.55 RCW.
     (2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state wildlife 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 1 of this act.