AN ACT Relating to providing an exemption from hydraulic project permit fees for certain emergency permits; amending RCW 77.55.321; and creating a new section.

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

Sec. 1.  RCW 77.55.321 and 2012 1st sp.s. c 1 s 103 are each amended to read as follows:

(1) The department shall charge an application fee of one hundred fifty dollars for a hydraulic project permit or permit modification issued under RCW 77.55.021 where the project is located at or below the ordinary high water line. The application fee established under this subsection may not be charged after June 30, 2017.

(2) The following hydraulic projects are exempt from all fees listed under this section:

(a) Hydraulic projects approved under applicant-funded contracts with the department that pay for the costs of processing those projects;

(b) ((If RCW 77.55.361, 76.09.490, and 76.09.040 are enacted into law by June 30, 2012,))Forest practices hydraulic projects;

(c) Pamphlet hydraulic projects;

(d) Mineral prospecting and mining activities; ((and))

(e) Hydraulic projects occurring on farm and agricultural land, as that term is defined in RCW 84.34.020; and

(f) Emergency permits issued under RCW 77.55.021(12) where the hydraulic project is necessitated by a fire, earthquake, storm, flood, or similar natural disaster or phenomena for which the governor has declared a state of emergency under RCW 43.06.010.

(3) All fees collected under this section must be deposited in the hydraulic project approval account created in RCW 77.55.331.

(4) The fee provisions contained in this section are prospective only. The department of fish and wildlife may not charge fees for hydraulic project permits issued under this title prior to July 10, 2012.

(5) This section expires June 30, 2017.

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