Z-0173.1  _______________________________________________

                          HOUSE BILL 1324

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Dunshee, Chandler and Buck; by request of Department of Revenue

Read first time 01/22/97.  Referred to Committee on Finance.

Revising the collection of the metals mining and milling fee.

    AN ACT Relating to the collection of the metals mining and milling fee; amending RCW 78.56.080; providing an effective date; and declaring an emergency.

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

    Sec. 1.  RCW 78.56.080 and 1994 c 232 s 8 are each amended to read as follows:

    (1) The metals mining account is created in the state treasury.  Expenditures from this account are subject to appropriation.  Expenditures from this account may only be used for:  (a) The additional inspections of metals mining and milling operations required by RCW 78.56.070 and (b) the metals mining coordinator established in RCW 78.56.060.

    (2)(a) As part of its normal budget development process and in consultation with the metals mining industry, the department of ecology shall estimate the costs required for the department to meet its obligations for the additional inspections of metals mining and milling operations required by chapter 232, Laws of 1994.  The department shall also estimate the cost of employing the metals mining coordinator established in RCW 78.56.060.

    (b) As part of its normal budget development process and in consultation with the metals mining industry, the department of natural resources shall estimate the costs required for the department to meet its obligations for the additional inspections of metals mining and milling operations required by chapter 232, Laws of 1994.

    (3) Based on the cost estimates generated by the department of ecology and the department of natural resources, the department of ((revenue)) ecology shall establish the amount of a fee to be paid by each active metals mining and milling operation regulated under this chapter.  The fee shall be established at a level to fully recover the direct and indirect costs of the agency responsibilities identified in subsection (2) of this section.  The amount of the fee for each operation shall be proportional to the number of visits required per site.  Each applicant for a metals mining and milling operation shall also be assessed the fee based on the same criterion.  The department of ((revenue)) ecology may adjust the fees established in this subsection if unanticipated activity in the industry increases or decreases the amount of funding necessary to meet agencies' inspection responsibilities.

    (4) The department of ((revenue)) ecology shall collect the fees established in subsection (3) of this section.  ((Chapter 82.32 RCW, insofar as applicable, applies to the fees imposed under this section.))  All moneys ((paid to the department of revenue)) from these fees shall be deposited into the metals mining account.

    (((5) This section shall take effect July 1, 1995, unless the legislature adopts an alternative approach based on the recommendations of the metals mining advisory group established in section 27, chapter 232, Laws of 1994.))

NEW SECTION. Sec. 2.  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 July 1, 1997.

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