Sneak Attack Continues RE: HPA Fee Bill

As posted here on Monday, a public hearing on SSB 5862, the substitute HPA fee bill, was held on Tuesday before the Senate Committee on Ways & Means.

We now learn, via the Resources Coalition and Bruce Beatty, that a second substitute bill (P2SSB 5862) has been proposed as the result of a meeting between the Governor's Office and some "HPA program Stakeholders" and from which meeting the Small Scale Mineral Prospecting and Mining Community was excluded.

It is important to read the text of this new legislation which may be downloaded as a PDF file here. (Note: This file will open in a pdf reader although it does not have a .pdf extension. You may have to manually select your pdf reader in order to view this file.) But, in summary, the bill is poorly written and, if enacted, would severely restrict, if not eliminate, one's ability to prospect or mine in this state.

Accordingly, here is a link to a somewhat lengthy list of talking points to use when contacting the government departments listed below: P2SSB 5862Talking Points PDF

Senate Committee on Ways & Means - to request that this bill not be allowed to go forward and cite your concerns.

Governor's Office - to ask why was the Small Scale Mineral Prospecting and Mining community was not a part of her meetings regarding this legislation and cite your concerns.

Your Senator and Representative - to inform them of this legislation and of your concerns. Request that they take whatever steps that they can to stop this legislation.

Your Local County, City, and Dike Districts - to inform them of this legislation. They need to know your position as a taxpayer who will ultimately end up paying for this legislation. Just because they may not obtain an HPA or FPA, they will be on the hook for prosecuting violators.

Furthermore, if you wish to call or write the Governor's Office, the contact information is listed below:

Phone: 360-902-4111

Fax: 360-753-4110

Mailing Address:

Governor Chris Gregoire
Office of the Governor
PO Box 40002
Olympia, WA 98504-0002

Sneak Attack Hearing On HPA Fee Bill Tomorrow In Olympia - UPDATED!

UPDATE 4/19/11 -- If you need them, here are some talking points in opposition to SSB 5862 from Bruce Beatty:

1. The bill was poorly haphazardly created containing obvious errors;
a) 2 definitions for "sandbar"
b) Section 103 states that the department "shall charge a one hundred fifty dollar submittal fee and a processing fee.." but the next paragraph states that "The department shall charge a seventy-five dollar submittal fee for single site low complexity hydraulic project permits"
c) Bill summaries and Fiscal notes state that the Gold and Fish Pamplet HPA's are exempt from fee's, but there is no language in the bill to support these statements.
d) Establishes a fee structure, then provides DFW the authority to reduce fee's based upon circumstances and at "it's discretion." There is no specific provision for reimbursement, (fee's must be paid in advance) and there is no check or balance as to whom gets the reduced fee allowing favoritism or Fraud.

2. This legislation will expand WDFW's regulatory authority. In addition to being required below the Ordinary High Water Line, HPA's will be required for certain activities (A dike, levee, bridge, shoreline or streambank protection project (new definition), or mineral prospecting and mining) in the channel migration zone (new definition), one hundred year floodplain (new definition), or within two hundred feet landward of the ordinary high water line.

3. Projects that expend enormous amounts of time, resources and $money$, such as fish passage barrier and fish habitat enhancement projects are exempted from all fees. The organizations who fall under this category already receive a Streamlined Permit process under RCW 77.55.181, and in most cases receive funding through grants. Permits issued under this statute are already exempted from permits and fee's by local governments.

4. The legislation makes no provisions that would allow an individual to obtain a permit for less than a five year term at a reduced fee.

5. The department has told the stakeholders that these permits will be given for 5 years. This legislation does not modify the length that a permit will be issued. It states that permits will be issued for up to 5 years, which leaves the length of a permit up to the discretion of the department.

6. The title of this statute will change to the "Hydraulic Code" from "Construction projects in state waters" which will forever change what the original intent of this legislation was when established in 1943.

7. Establishes a civil penalty of up to $10,000 per violation. This is up from $100 per day and is in addition the the Gross Misdemeanor Charge, punishable by up to one year in jail and/or a $5,000 fine. The lowest penalty proposed is $2,500.

8. There will not be an increase to revenue as the largest users of the program are State Agencies(WDNR, WDOT, & WDFW).

9. There will be an INCREASE of expenditures by the State, the Agencies, and by Counties. Take a look at the fiscal notes and notice the amount that will be required for capital expenditures and the number of additional employee's that must be hired. This is not a reduction of government or streamlining.

Please pass this information on to all who use or may use the HPA program. This includes those with Bulkheads, Marina's or Landscape management plans that select fish for coverage under such a plan and to those who fall under the Forest Practices Permit.

If you are able to attend the public hearings, please do so, and do not forget to sign in and mark your position (CON).

-------------------------------

The HPA Fee bill (SB 5862 and HB 2008) has arrived in a new incarnation called SSB 5862 and -- SURPRISE! -- is scheduled for a public hearing TOMORROW before the Senate Committee on Ways & Means.

As of this writing, the time and place are 2:30 P.M. in the J. A. Cherberg Building, Senate Hearing Room 4 in Olympia.

The text of the bill may be downloaded from the link: SSB 5862, titled AN ACT Relating to the administration of natural resources programs.

The link for the Legislative Bill Information Website page for this bill is here.

If you cannot attend the hearing, you may send comments via phone or email to the committee members using the information at the link here. Click on each committee member's name to be taken to their homepage where an email link is available.

More news as it develops.

Presentation on Beach Mining Pilot Program Cancelled

Word just in from Olympia is that the presentation on the Ocean Beach Mining Pilot Program scheduled for 8:00 A.M. tomorrow before the House Agriculture & Natural Resources Committee by WDFW and the State Parks and Recreation Commission has been canceled. No word yet on when it might be rescheduled but WSM will keep you posted.

For background information on this subject, see my earlier post here.