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                                     BILL REQUEST - CODE REVISER'S OFFICE

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BILL REQ. #:       H-2607.1/93

ATTY/TYPIST:     LC:mos

BRIEF TITLE:

5502-S2.E AMH PRUI H2607.1

E2SSB 5502 - H AMD

By Representative Pruitt

          Strike everything after the enacting clause and insert the following:

          "NEW SECTION. Sec. 1.  A new section is added to chapter 78.44 RCW to read as follows:

          The surface mining reclamation account is created in the state treasury.  Annual mining fees, funds received by the department for reclamation or mine regulatory research, and fines collected pursuant to this chapter shall be deposited into this account.

          The department may use funds in the surface mining reclamation account to:

          (1) Administer the regulatory program required by this chapter;

          (2) Undertake research relating to surface mining reclamation, regulation, and related issues; and

          (3) Cover costs arising from appeals and determinations of the department pursuant to this chapter.

          The account is subject to chapter 43.88 RCW.  Expenditure of funds from this account may only occur after appropriation.

NEW SECTION. Sec. 2.  A new section is added to chapter 78.44 RCW to read as follows:

          (1) An applicant for a new surface mining permit shall pay an application fee to the department before being granted a surface mining permit.  The amount of the application fee is six hundred fifty dollars.

          (2) Between June 30, 1993, and June 30, 1994, each operator shall pay an annual permit fee of six hundred fifty dollars.  The annual permit fee is payable to the department on the first anniversary of the permit date and each year thereafter.

          (3) Appeals from a determination of the department shall not stay the requirement to pay an annual permit fee.  Failure to pay the annual fee may constitute grounds for an order to suspend surface mining or cancellation of the permit as provided in this chapter.  However, the department shall develop by rule a procedure for owners of inactive surface mines to petition the department for an exemption from the annual fee.  The department shall develop criteria on which to base exemption decisions.  Owners seeking a fee exemption shall provide the department with any necessary information the department requires regarding the surface mining operation.

          (4) All fees collected by the department under this section shall be deposited into the surface mining reclamation account.

          (5) Beginning July 1, 1994, the department shall annually adjust fees in accordance with changes in the implicit price deflator for personal consumption expenditures published by the United States department of commerce.

NEW SECTION. Sec. 3.  RCW 78.44.110 and 1987 c 258 s 2, 1984 c 215 s 4, & 1970 ex.s. c 64 s 12 are each repealed.

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 shall take effect immediately."

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