SENATE BILL REPORT
SB 5991
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
As of February 3, 2016
Title: An act relating to activities at the department of transportation funded by the environmental legacy stewardship account.
Brief Description: Concerning activities at the department of transportation funded by the environmental legacy stewardship account.
Sponsors: Senators King, Hobbs, Fain, Liias, Litzow, Braun, Schoesler, Parlette, Warnick, Sheldon, Becker and Brown.
Brief History:
Committee Activity: Transportation: 2/17/15.
SENATE COMMITTEE ON TRANSPORTATION |
Staff: Clint McCarthy (786-7319)
Background: Since July 1, 2013, and every fiscal year thereafter, revenues deposited into the toxics control accounts that exceed $140 million must be deposited into the Environmental Legacy Stewardship Account (ELSA). Monies in ELSA may only be spent after appropriation. Under current law, monies in ELSA may be spent on the following:
programs, competitive grants, or loans for local governments and state agencies that improve the environment through activities authorized under the State Toxics Control Account and the Local Toxics Control Account, including state matching funds required under federal clean-up law, the hazardous waste clean-up program, or water and environmental health protection and monitoring programs;
grants or loans awarded through a competitive grant program administered by the Department of Ecology to fund design and construction of low-impact development retrofit projects and other projects that reduce stormwater pollution from existing infrastructure; and
cleanup and disposal of hazardous substances from abandoned or derelict vessels.
Summary of Bill: Twenty percent of the funds deposited into ELSA must be used for the purpose of legacy stormwater permit compliance activities and fish passage barrier removal activities at the Department of Transportation. The bill takes effect only if SB 5987, concerning transportation revenue, is enacted.
EFFECT OF CHANGES MADE BY TRANSPORTATION COMMITTEE (Proposed First Substitute): Technical change to insert the word "by" in Section 3 to clarify the date by which SB 5987 must pass by in order for SSB 5991 to become effective.
Appropriation: None.
Fiscal Note: Requested on February 16, 2015.
Committee/Commission/Task Force Created: No.
Effective Date: The bill takes effect on July 1, 2015.
Staff Summary of Public Testimony: CON: Concerns are voiced with how this affects the Department of Ecology and putting funds toward projects they weren’t originally intended for. Cities are concerned that these funds are for stormwater retrofits. Since ELSA is already over burdened, the cities propose that the Department of Transportation would pay 100 percent of what they owe for stormwater, rather than only 30 percent in statute. ELSA is in high demand right now at a time where the funding has declined substantially. ELSA funding is volatile. It shifts stormwater and culvert funds to ELSA and away from the gas tax. Adding culverts is a new requirement that expands the uses for an over-appropriated account.
Persons Testifying: CON: Clifford Traisman, WA Environmental Council, WA Conservation Voters; Darcy Nonemacher, WA Environmental Council; Joe Kendo, WA State Labor Council.
Persons Signed In To Testify But Not Testifying: No one.