BP BHEAD INT H [atlas:bill]

AN ACT Relating to air pollution control; amending RCW 70.120.170, 70.94.745, 70.94.130, and 70.94.100; adding a new section to chapter 46.16 RCW; adding a new section to chapter 46.61 RCW; adding a new section to chapter 70.120 RCW; adding a new section to chapter 19.112 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. The legislature finds that the federal clean air act amendments of 1990 sought to accelerate the deployment of clean-fuel vehicles through the use of nonmonetary incentives. The federal regulations adopted to implement the clean air act amendments direct states to exempt federally certified and labeled clean-fuel vehicles in fleets from high occupancy vehicle restrictions for single-occupant vehicles. In addition, the federal transportation equity act of the twenty-first century encourages and permits states to extend the high occupancy vehicle lane access exemption to nonfleet owners of clean-fuel vehicles.

The legislature finds that the goals of the state and federal clean air acts will be advanced by extending the use of the high occupancy vehicle lanes to federally certified clean-fuel vehicles as long as the vehicles are not a significant cause of congestion in the high occupancy vehicle lanes.

NEW SECTION. Sec. 2. A new section is added to chapter 46.16 RCW to read as follows:

(1) By June 30, 2001, the department shall issue special clean-fuel license plates, bearing the standard background, for passenger vehicles that are federally certified as: (a) Inherently low-emission vehicles; (b) ultra low-emission vehicles; or (c) zero-emission vehicles. The license plates shall denote the vehicle's certification with the inherently low-emission, ultra low-emission, or zero-emission designation.

(2) The department shall issue the special clean-fuel license plates upon payment by the applicant of all license fees, but the department may not set or charge an additional fee for the special clean-fuel license plates. The department shall replace, at cost, license plates issued under this section if they are lost, stolen, damaged, defaced, or destroyed. The clean-fuel license plates shall remain with the vehicle for which they were initially issued and may not be used on another vehicle.

(3) The department shall revoke the special clean-fuel designation if the vehicle is required to have a standard emission test, under chapter 70.120 RCW, and it fails the test. If the vehicle fails the emission test, the vehicle's owner shall return the special clean-fuel license plates to the department within fifteen days and apply for regular license plates.

(4) The use of a special clean-fuel license plate on a vehicle that is not federally certified, or on a certified vehicle that has failed an emission test more than fifteen days previous, is a misdemeanor.

NEW SECTION. Sec. 3. A new section is added to chapter 46.61 RCW to read as follows:

(1) The state department of transportation and the local authorities, in consultation with the department of ecology, may permit a vehicle with one or more occupants to operate in high occupancy vehicle lanes if it is certified as an inherently low-emission vehicle, ultra low-emission vehicle, or zero-emission vehicle pursuant to Title 40, Chapter 1, Part 88, Code of Federal Regulations, is labeled in accordance with section 88.312-93(c) of that title, and bears a special clean-fuel license plate as provided in section 2 of this act.

(2) Inherently low-emission fleet vehicles that have been certified, labeled, and issued special clean-fuel license plates shall be allowed in the high occupancy vehicle lanes with only one occupant in federally designated nonattainment air pollution areas. For the purpose of this section "fleet" means a vehicle owner who is in a nonattainment area and owns a total of at least ten motor vehicles, including the inherently low-emission vehicle, that operate in the owner's fleet.

(3) This section expires June 30, 2005.

NEW SECTION. Sec. 4. A new section is added to chapter 70.120 RCW to read as follows:

If a vehicle with special clean-fuel license plates bearing the designation inherently low-emission, ultra low-emission, or zero-emission, as provided in section 2 of this act, fails an emission test required under this chapter, the department shall immediately send written notice of the failure to the department of licensing.

NEW SECTION. Sec. 5. A new section is added to chapter 19.112 RCW to read as follows:

Methyl tertiary-butyl ether may not be intentionally added to any gasoline, motor fuel, or clean fuel produced for sale or use in the state of Washington after December 31, 2002, and in no event may methyl tertiary-butyl ether be present in gasoline above six-tenths of one percent by volume.

Sec. 6. RCW 70.120.170 and 1998 c 342 s 4 are each amended to read as follows:

(1) The department shall administer a system for emission inspections of all motor vehicles, except those described in RCW 46.16.015(2), that are registered within the boundaries of each emission contributing area. Under such system a motor vehicle shall be inspected biennially except where an annual program would be required to meet federal law and prevent federal sanctions. In addition, motor vehicles shall be inspected at each change of registered owner of a licensed vehicle as provided under RCW 46.16.015.

(2) The director shall:

(a) Adopt procedures for conducting emission inspections of motor vehicles. The inspections may include idle and high revolution per minute emission tests, but may not include the transient emission test known as the IM 240 test developed by the United States environmental protection agency and authorized in 40 C.F.R. 51.357 as it exists on the effective date of this section. The emission test for diesel vehicles shall consist solely of a smoke opacity test.

(b) Adopt criteria for calibrating emission testing equipment. Electronic equipment used to test for emissions standards provided for in this chapter shall be properly calibrated. The department shall examine frequently the calibration of the emission testing equipment used at the stations.

(c) Authorize, through contracts, the establishment and operation of inspection stations for conducting vehicle emission inspections authorized in this chapter. No person contracted to inspect motor vehicles may perform for compensation repairs on any vehicles. No public body may establish or operate contracted inspection stations. Any contracts must be let in accordance with the procedures established for competitive bids in chapter 43.19 RCW.

(3) Subsection (2)(c) of this section does not apply to volunteer motor vehicle inspections under RCW 70.120.020(1) if the inspections are conducted for the following purposes:

(a) Auditing;

(b) Contractor evaluation;

(d) Public information and education.

(4)(a) The director shall establish by rule the fee to be charged for emission inspections. The inspection fee shall be a standard fee applicable state-wide or throughout an emission contributing area and shall be no greater than fifteen dollars. Surplus moneys collected from fees over the amount due the contractor shall be paid to the state and deposited in the general fund. Fees shall be set at the minimum whole dollar amount required to (i) compensate the contractor or inspection facility owner, and (ii) offset the general fund appropriation to the department to cover the administrative costs of the motor vehicle emission inspection program.

(b) Before each inspection, a person whose motor vehicle is to be inspected shall pay to the inspection station the fee established under this section. The person whose motor vehicle is inspected shall receive the results of the inspection. If the inspected vehicle complies with the standards established by the director, the person shall receive a dated certificate of compliance. If the inspected vehicle does not comply with those standards, one reinspection of the vehicle shall be afforded without charge.

(5) All units of local government and agencies of the state with motor vehicles garaged or regularly operated in an emissions contributing area shall test the emissions of those vehicles annually to ensure that the vehicle's emissions comply with the emission standards established by the director. All state agencies outside of emission contributing areas with more than twenty motor vehicles housed at a single facility or contiguous facilities shall test the emissions of those vehicles annually to ensure that the vehicles' emissions comply with standards established by the director. A report of the results of the tests shall be submitted to the department.

Sec. 7. RCW 70.94.745 and 1995 c 206 s 1 are each amended to read as follows:

(1) It shall be the responsibility and duty of the department of natural resources, department of ecology, department of agriculture, fire districts, and local air pollution control authorities to establish, through regulations, ordinances, or policy, a limited burning permit program.

(2) The permit program shall apply to residential and land clearing burning in the following areas:

(a) In the nonurban areas of any county with an unincorporated population of greater than fifty thousand; and

(b) In any city and urban growth area that is not otherwise prohibited from burning pursuant to RCW 70.94.743.

(3) The permit program shall apply only to land clearing burning in the nonurban areas of any county with an unincorporated population of less than fifty thousand.

(4) The permit program may be limited to a general permit by rule, or by verbal, written, or electronic approval by the permitting entity.

(5) Notwithstanding any other provision of this section, neither a permit nor the payment of a fee shall be required for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW ((~~70.94.714~~)) 70.94.715. This subsection (5) shall only apply within counties with a population less than two hundred fifty thousand.

(6) Burning shall be prohibited in an area when an alternate technology or method of disposing of the organic refuse is available, reasonably economical, and less harmful to the environment. The department is required to define the term "reasonably economical" in a report to the legislature by December 1, 2001. In developing this definition, the department shall consult with local air authorities where they exist, and with the governing bodies of individual counties where no local air authority exists. The term may not be adopted by rule until the legislature has had an opportunity to review the definition. It is the policy of this state to foster and encourage development of alternate methods or technology for disposing of or reducing the amount of organic refuse.

(7) Incidental agricultural burning must be allowed without applying for any permit and without the payment of any fee if:

(a) The burning is incidental to commercial agricultural activities;

(b) The operator notifies the local fire department within the area where the burning is to be conducted;

(c) The burning does not occur during an air pollution episode or any stage of impaired air quality declared under RCW 70.94.715; and

(d) Only the following items are burned:

(i) Orchard prunings;

(ii) Organic debris along fence lines or irrigation or drainage ditches; or

(iii) Organic debris blown by wind.

(8) As used in this section, "nonurban areas" are unincorporated areas within a county that is not designated as an urban growth area under chapter 36.70A RCW.

(9) Nothing in this section shall require fire districts to enforce air quality requirements related to outdoor burning, unless the fire district enters into an agreement with the department of ecology, department of natural resources, a local air pollution control authority, or other appropriate entity to provide such enforcement.

Sec. 8. RCW 70.94.130 and 1998 c 342 s 1 are each amended to read as follows:

The board shall exercise all powers of the authority except as otherwise provided. The board shall conduct its first meeting within thirty days after all of its members have been appointed or designated as provided in RCW 70.94.100. The board shall meet at least ten times per year. All meetings shall be publicly announced prior to their occurrence. All meetings shall be open to the public. A majority of the board shall constitute a quorum for the transaction of business and shall be necessary for any action taken by the board. The board shall elect from ((~~its members~~)) the elected officials on the board a chair and such other officers as may be necessary. Any member of the board may designate a regular alternate to serve on the board in his or her place with the same authority as the member when he or she is unable to attend. In no event may a regular alternate serve as the permanent chair. Each member of the board, or his or her representative, shall receive from the authority compensation consistent with such authority's rates (but not to exceed one thousand dollars per year) for time spent in the performance of duties under this chapter, plus the actual and necessary expenses incurred by the member in such performance. The board may appoint a control officer, and any other personnel, and shall determine their salaries, and pay same, together with any other proper indebtedness, from authority funds.

Sec. 9. RCW 70.94.100 and 1991 c 199 s 704 are each amended to read as follows:

(1) The governing body of each authority shall be known as the board of directors.

(2) In the case of an authority comprised of one county the board shall be comprised of two appointees of the city selection committee, at least one of whom shall represent the city having the most population in the county, and two representatives to be designated by the board of county commissioners. In the case of an authority comprised of two, three, four, or five counties, the board shall be comprised of one appointee from each county, who shall represent the city having the most population in such county, to be designated by the mayor and city council of such city, and one representative from each county to be designated by the board of county commissioners of each county making up the authority. In the case of an authority comprised of six or more counties, the board shall be comprised of one representative from each county to be designated by the board of county commissioners of each county making up the authority, and three appointees, one each from the three largest cities within the local authority's jurisdiction to be appointed by the mayor and city council of such city.

(3) If the board of an authority otherwise would consist of an even number, the members selected as above provided shall agree upon and elect an additional member who shall be either a member of the governing body of one of the towns, cities or counties comprising the authority, or a private citizen residing in the authority.

(4) The terms of office of board members shall be four years.

(5) Wherever a member of a board has a potential conflict of interest in an action before the board, the member shall declare to the board the nature of the potential conflict prior to ((~~participating in the action~~)) the board's review of the action, and shall refrain from voting on the action before the board. ((The board shall, if the potential conflict of interest, in the judgment of a majority of the board, may prevent the member from a fair and objective review of the case, remove the member from participation in the action.))

(6) A member of a board of directors may not work in any capacity for an entity that is regulated by a local air authority of which the director is a member. If a member of a board of directors is offered a position of employment with an entity that is regulated by the local air authority of which the director is a member, the member is required to choose between continued service on the board or the employment position. This subsection does not prohibit a person who is no longer employed by an entity currently regulated by the board from serving on the board of directors.