Washington State Miner

Tom

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).

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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.