WDFW's Requested HPA Bill Due For Hearing

HB 1588, WDFW's requested Hydraulic Project Approval bill, is up for public hearing at 10:00 A.M. on February 8, 2011 in House Hearing Rm D, John L. O'Brien Building in Olympia.

A quick reading of the bill's text reveals some less-than-desirable characteristics of the WDFW proposed "streamlining" process:

1. There are to be three classes of hydraulic projects: Class I covers activities permitted in the Gold & Fish pamphlet; Class II covers activities which are currently undefined and which will not be defined until completion of a rule making process by January 1, 2012. (Determination as to whether the aforementioned rules work would be by means of a "pilot project" conducted by WDFW and completed sometime in 2014); Class III covers any project which is neither Class I nor Class II which, for the remainder of this year, would be anything not permitted by the Gold & Fish pamphlet.

2. Then there is the matter of fees. Class I projects would be exempt from fees -- at least for the time being. For a Class II permit (once it's defined) the application fee is $150. The fee for a Class III permit is set at $1000 ($150 for notification/application plus $850 for processing). Also, a general Class II or Class III permit would require a fee of $5000. In some cases, partial or full refunds would be available and the fees will be indexed annually to inflation. See the bill text for details, if you want them.

3. Penalties. Each violation of the rules for HPAs would be treated as a "gross misdemeanor" with an accompanying fine of $10,000. WDFW would, however, initially seek "voluntary" compliance with the rules before resorting to the penalty provisions.

The above are what jumped out at me while quickly scanning the bill. Actually, the convoluted 20-page text of HB 1588 seems itself like Exhibit-A type evidence for passage of HB 1233 removing the hydraulic project approval process altogether. (See my earlier post on HB 1233 at the link here.)

Stay tuned for future developments.

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Update at 8:19 P.M. 2/3/11

A couple of notes due to revised schedules:

1. HB 1233 will be heard immediately after HB 1588 at the hearing on February 8th described above. The link to the House Agriculture & Natural Resources committee agenda is here.

2. SB 5529, the companion bill to HB 1588, will be heard in the Senate Natural Resources & Marine Waters committee at 8:00 A.M. on February 9, 2011 in Senate Hearing Rm 2, J.A. Cherberg Building, Olympia. The link to the agenda is here.