Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Agriculture & Natural Resources Committee

HB 1032

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Amending the fee structure provided in RCW 77.55.321 to encourage habitat projects that provide a public benefit.

Sponsors: Representatives Blake, Hurst and Moeller.

Brief Summary of Bill

  • Creates an exemption to the $150 application fee associated with hydraulic project permits for all fish habitat enhancement projects that are expected to result in beneficial impacts to the environment and that qualify for the existing streamlined permit review and approval process.

Hearing Date: 1/14/15

Staff: Jason Callahan (786-7117).

Background:

A person must obtain a hydraulic project approval (HPA) prior to commencing any construction project that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. Hydraulic project approvals are issued by the Washington Department of Fish and Wildlife (WDFW) to ensure the proper protection of fish life. To receive a HPA, the applicant must provide certain information to the WDFW. This information includes general plans for the overall project and complete plans for the proper protection of fish life.

Until June 30, 2017, most applicants for a HPA are required to pay a $150 application fee (RCW 77.55.321). Exemptions to the fee are provided to projects located above the ordinary high water line, pamphlet HPAs, all HPAs processed under an applicant-funded project, all HPAs related to forest practices or mineral prospecting, and all HPAs occurring on farm or agricultural land. The collected fees are retained by the WDFW for use in implementing the HPA program (RCW 77.55.331).

Certain fish habitat enhancement projects may qualify for a streamlined administrative review and approval process by the WDFW (RCW 77.55.181). These projects are expected to result in beneficial impacts to the environment and, if they qualify for streamlined review, receive a decision regarding the associated HPA in 45 days. This streamlined review is available for projects of an adequate size or scale that either eliminate human-made or caused fish passage barriers, restore eroded or unstable stream banks, or involve the placement of woody debris into the water. However, not all of these projects are eligible for a streamlined review. To be eligible, the projects must also be approved for specific and limited purposes by the WDFW, a conservation district, the Department of Transportation, a city or county, or other formal review and approval processes.

Fish habitat enhancement projects that qualify for a streamlined review are exempt from any local government permitting or fees; however, the applicants are required to pay the $150 HPA application fee to the WDFW.

Summary of Bill:

The $150 HPA application fee is waived for all fish habitat enhancement projects that are expected to result in beneficial impacts to the environment and qualify for the existing streamlined permit review and approval process.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.