AN ACT Relating to disposal of sanitary wastes at marinas; adding new sections to chapter 82.04 RCW; adding new sections to chapter 88.12 RCW; prescribing penalties; and providing an expiration date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 88.12 RCW to read as follows:

(1) By July 1, 1991, pumpout and dump facilities for disposal of sanitary wastes from boats shall be installed at all public and private marinas located on the waters of the state if:

(a) The marina is of sufficient size and design to serve boats with toilets;

(b) There is a lack of adequate pumpout and dump facilities within a reasonable distance or within a boating usage area;

(c) Provisions can reasonably be made for the disposal of the sewage from the pumpout and dump facilities including, but not limited to, economic and technical considerations; and

(d) The marina meets any additional requirements as developed by the task force established in section 2 of this act and as adopted by the department of ecology.

(2) Pumpout facilities required by this section for public entities shall be eligible to receive grants and/or loans authorized for water pollution control facilities and shall be installed to the extent funding is appropriated.

(3) The department of ecology may inspect marinas used by watercraft for launching, docking, and mooring purposes to determine if they are in compliance with this section.

(4) Violation of this section is subject to a civil penalty of up to fifty dollars per day for each violation. The procedures of RCW 90.48.144 are applicable to all phases of the levying, review, and appeal of penalties.

(5) As used in this section and section 2 of this act, "marina" includes facilities providing boat moorage space or serving large numbers of boats with commercial services including, but not limited to, fuel and overnight or live-aboard boating accommodations.

NEW SECTION. Sec. 2. A new section is added to chapter 88.12 RCW to read as follows:

The state parks and recreation commission shall form a task force consisting of the existing boating safety advisory committee, as well as representatives from the Puget Sound water quality authority, department of fisheries, department of natural resources, department of ecology, interagency committee for outdoor recreation, tribes, shellfish growers, marina owners, public ports, the marina sanitation industry, owners of small commercial vessels, and others as deemed necessary by the task force representatives. By July 1, 1988, the task force shall:

(1) Identify the number and general location of marine pumpout and dump facilities needed to protect the marine and freshwater resources throughout the state, by geographic area;

(2) Develop strategies to encourage the use of marine pumpout facilities including, but not limited to, design and operation standards; and

(3) Develop programs to educate the general public and boat owners on the need for proper disposal of sanitary wastes from boats, including, but not limited to, the posting of signs.

The department of ecology shall adopt rules as necessary to implement the recommendations of the task force. Rules adopted by the department to implement this section shall be subject to review by the joint administrative rules review committee, prior to adoption, to ensure consistency with legislative intent.

NEW SECTION. Sec. 3. A new section is added to chapter 82.04 RCW to read as follows:

(1) A credit is allowed against the tax imposed by this chapter equal to twenty percent of all amounts paid by the taxpayer during the year to install pumpout facilities for the disposal of sanitary wastes from boats as required under section 1 of this act. To receive the credit, the taxpayer shall apply to the department of revenue for prior approval on such forms as the department may prescribe, including documentation of the expenditure.

(2) The total credit granted under this section to a taxpayer in any one year shall not exceed the total tax imposed on the taxpayer under this chapter during the year. Any excess tax credit shall not be carried over to succeeding years.

(3) The department shall adopt such rules as are necessary to implement this section.

NEW SECTION. Sec. 4. A new section is added to chapter 82.04 RCW to read as follows:

Each fiscal year, three hundred thousand dollars of the revenue received from the watercraft excise tax under chapter 82.49 RCW shall be transferred from the general fund to the marine waste account hereby created in the state treasury. An amount equal to the tax credits granted under section 3 of this act shall be returned to the general fund from the marine waste account each fiscal year as repayment for the revenues foregone as a result of the tax credits.

NEW SECTION. Sec. 5. Sections 3 and 4 of this act shall expire on July 1, 1993. Any moneys remaining in the marine waste account created under section 4 of this act shall be transferred to the general fund.