AN ACT Relating to disposal of sanitary wastes at marinas; adding new sections to chapter 82.04 RCW; adding a new section to chapter 88.12 RCW; creating a new section; 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) After July 1, 1990, pumpout 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 facilities within a reasonable distance or within a boating usage area; and

(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.

(3) Each marina shall prominently display signs stating that untreated sanitary wastes are not to be discharged while boats are within the waters of the state.

(4) The department of ecology shall adopt rules necessary to implement this section.

(5) The department of social and health services shall establish, by rule, standards for the design and operation of sewage pumpout facilities at marinas.

(6) 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.

(8) Violation of this section is subject to a civil penalty of up to five hundred dollars per day for each violation.

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

NEW SECTION. Sec. 2. A task force shall be established to carry out the purposes of this section and shall consist of representatives from state-wide organizations representing recreational boaters, private marina owners, manufacturers, dealers of recreational boats, and cities and counties. The task force shall also include representatives from the department of ecology, the state parks and recreation commission, the public ports association, the interagency committee for outdoor recreation, the department of social and health services, the Puget Sound water quality authority, the committee on parks and ecology of the senate, and the committee on environmental affairs of the house of representatives. 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) Recommend strategies to encourage the use of marine pumpout facilities including, but not limited to design and operation standards; and

(3) Recommend methods to educate the general public and boat owners on the need for proper disposal of sanitary wastes from boats.

The department of ecology shall determine if a marina is required to install pumpout facilities.

Results of the task force shall be implemented by the appropriate agency as outlined in section 1 of this act.

As used in this section, "marina" has the definition given in section 1 of this act.

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.

(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:

(1) 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.

(2) Unclaimed refunds from the gasoline excise tax shall also be transferred to the account. Moneys from this source shall fund a public education program to encourage the proper disposal of sanitary waste from recreational boats, including the posting of signs warning against the discharge of unsanitary wastes in the waters of the state.

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.