Z-0584

AN ACT Relating to reducing air contaminant emissions and improving air quality; amending RCW 70.94.011, 70.94.030, 70.120.010, 70.120.020, 70.120.070, 70.120.080, 70.120.120, 70.120.150, 70.120.170, 46.16.015, 70.94.152, 70.94.155, 70.94.181, 70.94.205, 70.94.211, 70.94.430, 70.94.431, 70.94.860, 70.94.875, 70.94.745, 70.94.660, 70.94.670, 70.94.690, 70.94.650, 70.94.654, 70.94.775, 70.94.780, 70.94.750, 70.94.457, 70.94.470, 70.94.473, 70.94.483, 70.94.041, 70.94.055, 70.94.092, 70.94.100, 70.94.130, 70.94.170, 70.94.231, 70.94.240, 70.94.331, 70.94.332, 70.94.385, 70.94.395, 70.94.405, 70.94.410, 70.94.420, and 70.146.080; reenacting and amending RCW 70.94.053; adding new sections to chapter 70.94 RCW; adding a new section to chapter 82.44 RCW; adding a new section to chapter 70.120 RCW; adding a new chapter to Title 82 RCW; adding a new chapter to Title 70 RCW; creating new sections; repealing RCW 70.120.110, 70.120.140, 70.120.900, 70.94.232, 70.94.656, 70.94.680, 70.94.740, 70.94.810, 70.94.815, 70.94.825, and 70.94.870; providing penalties; providing effective dates; and declaring an emergency.

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

PUBLIC POLICY, FINDINGS, AND INTENT

NEW SECTION. Sec. 101. The legislature finds that ambient air pollution is the most serious environmental threat in Washington state. Air pollution causes significant harm to public health; damages the environment, including trees, crops, and animals; causes deterioration of equipment and materials; contributes to water pollution; and degrades the quality of life.

Over three million residents of Washington state live where air pollution levels are considered unhealthful. Of all toxic chemicals released into the environment more than half enter our breathing air. Citizens of Washington state spend hundreds of millions of dollars annually to offset health, environmental, and material damage caused by air pollution. The legislature considers such air pollution levels, costs, and damages to be unacceptable.

Sec. 102. RCW 70.94.011 and 1973 1st ex.s. c 193 s 1 are each amended to read as follows:

It is declared to be the public policy ((~~of the state~~)) to preserve, protect, and enhance the air quality for current and future generations. Air is an essential resource that must be protected from harmful levels of pollution. Maintaining and improving air quality is a matter of state-wide concern and is in the public interest. It is the intent of this chapter to secure and maintain ((~~such~~)) levels of air quality ((~~as will~~)) that protect human health and safety ((~~and~~)), including the most sensitive members of the population, to comply with the requirements of the federal clean air act, ((~~and,~~)) to ((~~the greatest degree practicable,~~)) prevent injury to plant ((~~and~~)), animal life, and property, to foster the comfort and convenience of ((~~its~~)) Washington's inhabitants, to promote the economic and social development of the state, and to facilitate the enjoyment of the natural attractions of the state. ((The problems and effects of air pollution are frequently regional and interjurisdictional in nature, and are dependent upon the existence of urbanization and industrialization in areas having common topography and recurring weather conditions conducive to the buildup of air contaminants))

It is further the intent of this chapter to protect the public welfare, to preserve visibility, to protect scenic, aesthetic, historic, and cultural values, to prevent air pollution problems that interfere with the enjoyment of life, property, or natural attractions, and to promote energy efficiency and energy conservation.

Because of the extent of the air pollution problem the legislature finds it necessary to return areas with poor air quality to levels adequate to protect health and welfare as expeditiously as possible but no later than December 31, 1995. Further, it is the intent of this chapter to prevent any areas of the state with acceptable air quality from reaching air contaminant levels that are not protective of public health and welfare.

The legislature recognizes that air pollution control projects may affect other environmental media. In selecting air pollution control strategies state and local agencies shall support those strategies that minimize the negative environmental impact of the project on all environmental media, including air, water, and land.

It is the policy of the state that the costs of protecting the air resource and operating state and local air pollution control programs shall be shared among all sources whose emissions cause air pollution.

It is also declared as public policy that regional air pollution control programs are to be encouraged and supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality.

((It is also declared to be the public policy of the state to provide for the people of the populous metropolitan regions in the state the means of obtaining air pollution control not adequately provided by existing agencies of local government. For reasons of the present and potential dramatic growth in population, urbanization, and industrialization, the special problem of air resource management, encompassing both corrective and preventive measures for the control of air pollution cannot be adequately met by the individual towns, cities, and counties of many metropolitan regions.

In addition, the state is divided into two major areas, each having unique characteristics as to natural climatic and topographic features which may result in the different potentials for the accumulation and buildup of air contaminant concentrations. These two major areas are the area lying west of the Cascade Mountain crest and the area lying east of the Cascade Mountain crest. Within each of these major areas are regions which, because of the climate and topography and present and potential urbanization and industrial development may, through definitive evaluation be classed as regional air pollution areas.))

To these ends it is the purpose of this chapter to ((~~provide for a~~)) safeguard the public interest through an intensive, progressive, and coordinated state-wide program of air pollution prevention and control, to provide for an appropriate distribution of responsibilities, and to encourage coordination and cooperation between the state, regional, and local units of government, ((~~and for cooperation across jurisdictional lines in dealing with problems of air pollution~~)) to improve cooperation between state and federal government, public and private organizations, and the concerned individual, as well as to provide for the use of all known, available, and reasonable methods to reduce, prevent, and control air pollution.

The legislature recognizes that the problems and effects of air pollution cross political boundaries, are frequently regional or interjurisdictional in nature, and are dependent upon the existence of human activity in areas having common topography and weather conditions conducive to the buildup of air contaminants. In addition, the legislature recognizes that air pollution is aggravated and compounded by increased population, motor vehicle use, industrial and commercial development, and urbanization. These changes often result in increasingly serious problems for the public and the environment.

The legislature further recognizes that air emissions from thousands of small sources such as automobiles and home heating devices are major contributors to air pollution in many regions of the state. As the population of a region grows, small sources may contribute an increasing proportion of that region's total air emissions. It is declared to be the policy of the state to achieve significant reductions in emissions from those small sources whose aggregate emissions constitute a significant contribution to air pollution in a particular region.

It is the intent of the legislature that air pollution goals be incorporated in the missions and actions of state agencies.

Sec. 103. RCW 70.94.030 and 1987 c 109 s 33 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:

(1) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof.

(2) "Air pollution" is presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interfere with enjoyment of life and property.

(3) ((~~"Person" means and includes an individual, firm, public or private corporation, association, partnership, political subdivision, municipality or government agency~~)) "Air quality standard" means an established concentration, exposure time, and frequency of occurrence of a contaminant or multiple contaminants in the ambient air which shall not be exceeded.

(4) "Ambient air" means the surrounding outside air.

(5) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.

((~~(5)~~)) (6) "Board" means the board of directors of an authority.

((~~(6)~~)) (7) "Control officer" means the air pollution control officer of any authority.

((~~(7)~~)) (8) "Department" means the department of ecology.

(9) "Emission" means a release into the outdoor atmosphere of air contaminants.

((~~(8) "Department" means the state department of ecology.~~

~~(9) "Ambient air" means the surrounding outside air.~~))

(10) "Emission standard" means a limitation on the release of a contaminant or multiple contaminants into the ambient air.

(11) "Multicounty authority" means an authority which consists of two or more counties.

((~~(11) "Emission standard" means a limitation on the release of a contaminant or multiple contaminants into the ambient air.~~

~~(12) "Air quality standard" means an established concentration, exposure time and frequency of occurrence of a contaminant or multiple contaminants in the ambient air which shall not be exceeded.~~

~~(13) "Air quality objective" means the concentration and exposure time of a contaminant or multiple contaminants in the ambient air below which undesirable effects will not occur.~~))

(12) "Person" means and includes an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.

II.

MOTOR VEHICLES AND FUELS

Sec. 201. RCW 70.120.010 and 1979 ex.s. c 163 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of ecology.

(2) "Director" means the director of the department of ecology.

(3) "Fleet" means ((~~a group of twenty-five or~~)) more than one motor vehicle((s)) owned or leased concurrently by one person for nonprivate use.

(4) "Motor vehicle" means any self-propelled vehicle required to be licensed pursuant to chapter 46.16 RCW.

(5) "Motor vehicle dealer" means a motor vehicle dealer, as defined in RCW 46.70.011, that is licensed pursuant to chapter 46.70 RCW.

(6) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.

(7) The terms "air contaminant," "air pollution," "air quality standard," "ambient air," "emission," and "emission standard" have the meanings given them in RCW 70.94.030.

Sec. 202. RCW 70.120.020 and 1989 c 240 s 5 are each amended to read as follows:

(1) The department shall conduct ((~~the following programs in a manner that will enhance the successful implementation of the air pollution control system established for motor vehicles by this chapter:~~

~~(a) A voluntary motor vehicle emissions inspection program;~~

~~(b)~~)) a public educational program regarding the health effects of air pollution emitted by motor vehicles; the purpose, operation, and effect of emission control devices and systems; and the effect that proper maintenance of motor vehicle engines has on fuel economy and air pollution emission((~~; and~~

~~(c)~~)) and a public notification program identifying the geographic areas of the state that are designated as being noncompliance areas and emission contributing areas and describing the requirements imposed under this chapter for those areas.

(2)(a) The department((, the superintendent of public instruction, and the state board for community college education shall develop cooperatively, after consultation with automotive trades joint apprenticeship committees approved in accordance with RCW 49.04.040, a program for granting)) shall grant certificates of instruction to persons who successfully complete a course of study, under general requirements established by the director, in the maintenance of motor vehicle engines, the use of engine and exhaust analysis equipment, and the repair and maintenance of emission control devices. The director may establish and implement procedures for granting certification to persons who successfully complete other training programs or who have received certification from private organizations which meet the requirements established in this subsection.

(b) The department shall make available to the public a list of those persons who have received certificates of instruction under subsection (2)(a) of this section.

Sec. 203. RCW 70.120.070 and 1989 c 240 c 6 are each amended to read as follows:

(1) Any person:

(a) Whose motor vehicle is tested pursuant to this chapter and fails to comply with the emission standards established for the vehicle; and

(b) Who, following such a test, expends more than four hundred fifty dollars on a ((~~1980 or earlier model year motor vehicle or expends more than one hundred fifty dollars on a 1981 or later model year~~)) motor vehicle for repairs solely devoted to meeting the emission standards and that are performed by a certified emission specialist authorized by RCW 70.120.020(2)(a); and

(c) Whose vehicle fails a retest, may be issued a certificate of acceptance if (i) the vehicle has been in use for more than five years or fifty thousand miles, and (ii) any component of the vehicle installed by the manufacturer for the purpose of reducing emissions, or its appropriate replacement, is installed and operative.

(d) To receive the certificate, the person must document compliance with (b) and (c) of this subsection to the satisfaction of the department.

(2) Persons who fail the initial tests shall be provided with information regarding the availability of federal warranties and certified emission specialists.

Sec. 204. RCW 70.120.080 and 1979 ex.s. c 163 s 8 are each amended to read as follows:

The director may authorize an owner or lessee of a fleet of motor vehicles, or the owner's or lessee's agent, to inspect the vehicles in the fleet and issue certificates of compliance for the vehicles ((in the fleet if the director determines that: (1) The director's emission and inspection standards will be complied with; and (2) certificates will be issued only to vehicles in the fleet and only when appropriate)).

Sec. 205. RCW 70.120.120 and 1989 c 240 s 8 are each amended to read as follows:

The director shall adopt rules implementing and enforcing this chapter ((~~and RCW 46.16.015(2)(g)~~)) in accordance with chapter 34.05 RCW. Notwithstanding the provisions of chapter 34.05 RCW, any rule implementing and enforcing RCW 70.120.150(5) may not be adopted until it has been submitted to the standing committees on ecology of the house of representatives and senate for review and approval. The standing committees shall take into account when considering proposed modifications of emission contributing boundaries, as provided for in RCW 70.120.150(5), alternative ((~~plans for traffic rerouting and traffic bans~~)) transportation control and motor vehicle emission reduction measures that ((~~may have been prepared~~)) are required by local municipal corporations for the purpose of satisfying federal emission guidelines.

Sec. 206. RCW 70.120.150 and 1989 c 240 s 2 are each amended to read as follows:

The director:

(1) Shall adopt motor vehicle emission and equipment standards to: Ensure that no less than seventy percent of the vehicles tested comply with the standards on the first inspection conducted, meet federal clean air act requirements, and protect public health and welfare.

(2) Shall designate a geographic area as being a "noncompliance area" for motor vehicle emissions if (a) the department's analysis of ((~~the~~)) emission and air quality data, ((~~recorded for~~)) covering a period of no less than one year, ((~~at the monitoring sites~~)) indicates that the standard has or will probably be exceeded, and (b) the department determines that the primary source of the contaminant ((~~being monitored at the sites~~)) is motor vehicle emissions.

(3) Shall reevaluate noncompliance areas if the United States environmental protection agency modifies the relevant air quality standards, and shall discontinue the program if compliance is indicated and if the department determines that the area would continue to be in compliance after the program is discontinued. The director shall notify persons residing in noncompliance areas of the reevaluation.

(4) Shall analyze information regarding the motor vehicle traffic in a noncompliance area to determine the smallest land area within whose boundaries are present registered motor vehicles that contribute significantly to the violation of motor vehicle-related air quality standards in the noncompliance area. The director shall declare the area to be an "emission contributing area." An emission contributing area established for a carbon monoxide or oxides of nitrogen noncompliance area must contain the noncompliance area within its boundaries. An emission contributing area established for an ozone noncompliance area located in this state need not contain the ozone noncompliance area within its boundaries if it can be proven that vehicles registered in the area contribute significantly to violations of the ozone air quality standard in the noncompliance area. An emission contributing area may be established in this state for violations of federal air quality standards for ozone in an adjacent state if (a) the United States environmental protection agency designates an area to be a "nonattainment area for ozone" under the provisions of the federal Clean Air Act (42 U.S.C. 7401 et. seq.), and (b) ((~~the nonattainment area encompasses portions of both Washington and the adjacent state, and (c)~~)) it can be proven that vehicles registered in this state contribute significantly to the violation of the federal air quality standards for ozone in the adjacent state's ((~~portion of the~~)) nonattainment area.

(5) Shall designate areas as being noncompliance areas or emission contributing areas, and shall establish the boundaries of such areas by rule. The director may also modify boundaries. In establishing the external boundaries of an emission contributing area, the director shall use the boundaries established for ZIP code service areas by the United States postal service.

(6) May make grants to units of government in support of planning efforts to reduce motor vehicle emissions ((~~in areas where emission control inspections are not required~~)).

Sec. 207. RCW 70.120.170 and 1989 c 240 s 4 are each amended to read as follows:

(1) The department shall administer a system for ((~~biennial~~)) emission inspections ((~~of emissions~~)) of all motor vehicles registered within the boundaries of each emission contributing area. ((Persons residing within the boundaries of an emission contributing area shall register their motor vehicle within that area, unless business reasons require registration outside the area. Requests for exemption from inspection for business reasons shall be reviewed and approved by the director)) Under such system a motor vehicle shall be inspected biennially and at each change of registered owner except where an annual program would be required to meet federal law and prevent federal sanctions.

(2) The director shall:

(a) Adopt procedures for conducting emission ((~~tests for~~)) inspections of motor vehicles. The ((~~tests shall~~)) inspections may include idle and high revolution per minute emission tests. The emission test for diesel vehicles with a gross vehicle weight in excess of fourteen thousand pounds 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 ((~~the~~)) vehicle emission ((~~tests~~)) 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)(a) 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 eighteen dollars. ((~~Surplus moneys collected from fees over the amount due the contractor shall be paid to the state and deposited in the general fund.~~)) The inspection fee for the initial inspection, including one free reinspection, shall be collected by the department of licensing or its agents when a motor vehicle required to be inspected is issued a license or when the license is renewed. The department of licensing or its agents may charge a one dollar fee to waive the inspection fee for a vehicle if the vehicle was not required to be inspected and if the department of licensing could not have reasonably foreseen at the time of license renewal notification that the vehicle would be exempt from the inspection requirement. If more than two inspections are conducted on a vehicle, the additional inspection fee or fees shall be collected by the inspection station. 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 ((~~test~~)). If the inspected ((~~vehicle's emissions comply~~)) vehicle complies with the standards established by the director, the person shall receive a dated certificate of compliance. If the inspected ((~~vehicle's emissions do~~)) vehicle does not comply with those standards, one ((~~retest of the vehicle's emission~~)) reinspection of the vehicle shall be afforded without charge. All fee proceeds shall be deposited into the emission inspection fee fund, which is hereby created in the custody of the state treasurer. Expenditures from the fund may be used only for contractor reimbursement. Only the director of ecology or the director's designee may authorize expenditures from the fund. Quarterly the director shall transfer to the general fund that portion of the fund that is not needed for contractor reimbursement.

(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 ((~~biennially~~)) 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 fleets of 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. 208. RCW 46.16.015 and 1990 c 42 s 318 are each amended to read as follows:

(1) Neither the department of licensing nor its agents may issue or renew a motor vehicle license for any vehicle ((~~registered in an emission contributing area, as that area is established under chapter 70.120 RCW~~)) or change the registered owner, for any ((~~year in which the~~)) vehicle that is required to be ((~~tested~~)) inspected under chapter 70.120 RCW, unless the application for issuance or renewal is: (a) Accompanied by a valid certificate of compliance or a valid certificate of acceptance issued pursuant to chapter 70.120 RCW; or (b) exempted from this requirement pursuant to subsection (2) of this section. The certificates must have a date of validation which is within ninety days of the date of application for the vehicle license or license renewal. Certificates for fleet vehicles may have a date of validation which is within twelve months of the assigned license renewal date.

(2) Subsection (1) of this section does not apply to the following vehicles:

(a) New motor vehicles whose equitable or legal title has never been transferred to a person who in good faith purchases the vehicle for purposes other than resale;

(b) Motor vehicles with a model year of 1967 or earlier;

(d) Motor vehicles fueled exclusively by propane, compressed natural gas, or liquid petroleum gas, unless it is determined that federal sanctions will be imposed as a result of this exemption;

(e) Motorcycles as defined in RCW 46.04.330 and motor-driven cycles as defined in RCW 46.04.332;

(f) ((~~Motor vehicles powered by diesel engines;~~

~~(g)~~)) Farm vehicles as defined in RCW 46.04.181; or

((~~(h) Used vehicles which are offered for sale by a motor vehicle dealer licensed under chapter 46.70 RCW; or~~

~~(i)~~)) (g) Motor vehicles exempted by the director of the department of ecology.

The provisions of subparagraph (a) of this subsection may not be construed as exempting from the provisions of subsection (1) of this section applications for the renewal of licenses for motor vehicles that are or have been leased.

(3) ((The department of licensing shall mail to each owner of a vehicle registered within an emission contributing area a notice regarding the boundaries of the area and restrictions established under this section that apply to vehicles registered in such areas. The information for the notice shall be supplied to the department of licensing by the department of ecology.)) The department of ecology shall provide information to motor vehicle owners regarding the boundaries of emission contributing areas and restrictions established under this section that apply to vehicles registered in such areas. In addition the department of ecology shall provide information to motor vehicle owners on the relationship between motor vehicles and air pollution and steps motor vehicle owners should take to reduce motor vehicle related air pollution. The department of licensing shall send to all registered motor vehicle owners ((~~who reside within the emissions area~~)) affected by the emission testing program notice that they must have an emission test to renew their registration.

NEW SECTION. Sec. 209. A new section is added to chapter 82.44 RCW to read as follows:

(1) The annual excise tax specified in RCW 82.44.020 shall be waived for any vehicle certified by the United States environmental protection agency as a "clean-fuel vehicle."

(2) At any time within twenty-four months following the date any vehicle certified by the United States environmental protection agency or the department as provided in subsection (4) of this section as a "clean-fuel vehicle" is available for delivery, but no later than the next invitation to bid, and more than one vehicle manufacturer has obtained certification in the same weight class, at least thirty percent of new vehicles in that weight class ordered through a state contract for motor vehicles shall be "clean-fuel vehicles." The percentage of such vehicles purchased shall increase at the rate of five percent every two years.

(a) Weight classes are established by the following motor vehicle types:

(i) Passenger cars;

(ii) Light duty trucks, trucks with a gross vehicle weight rating by the vehicle manufacturer of less than eight thousand five hundred pounds.

(iii) Heavy duty trucks, trucks with a gross vehicle weight rating by the vehicle manufacturer of eight thousand five hundred pounds or more.

(b) This subsection does not place an obligation upon the state or its political subdivisions to purchase vehicles in any number or weight class other than to meet the thirty percent requirement.

(3) No later than twelve months or, if sooner, at the issuance of the next invitation to bid following certification of a "clean fuel" by the environmental protection agency, all invitations to bid issued by agencies of the state shall require that the purchased fuel meet the specifications of the "clean fuel" when vehicles operated by that agency or unit of local government are capable of operating on such "clean fuel."

(4) In addition to or in lieu of "clean fuel" or "clean-fuel vehicles" certified by the environmental protection agency, the department may develop in cooperation with the departments of general administration and transportation, and the state energy office, clean fuel performance and clean-fuel vehicle emissions specifications. When developing such specifications the department shall consider the requirements of the clean air act and the findings of the environmental protection agency, other states, the American Petroleum Institute and the Motor Vehicles Manufacturers Association. These specifications shall be included in future invitations to bid for vehicle and fuel purchases to promote lower automotive emissions or the use of alternative fuel technology.

(5) The department, in cooperation with the departments of general administration and transportation, and the state energy office, shall biennially prepare a report to the legislature starting July 1, 1992, on (a) the progress of clean fuel and clean-fuel vehicle programs toward reducing automotive emissions, (b) the efforts of the state, units of local government, and the private sector to evaluate and utilize "clean fuel" or "clean-fuel vehicles," and (c) recommendations for changes in the existing program to make it more effective and recommendations, if warranted, for expansion of the program.

(6) The department may disburse matching grants from funds provided by the legislature from the air pollution control account, created in section 227 of this act, to units of local government to partially offset the additional cost of purchasing "clean fuel" and/or operating "clean-fuel vehicles" and provide for initiation of clean fuel and clean-fuel vehicle programs or for other programs that promote lower emissions from the operation of motor vehicles.

NEW SECTION. Sec. 210. A new section is added to chapter 70.94 RCW to read as follows:

No state agency, metropolitan planning organization, or local government shall approve or fund a transportation plan, program, or project unless a determination has been made that the plan, program, or project conforms with the state implementation plan for air quality.

(1) "Conformity to the state implementation plan" means:

(a) Conformity to the state implementation plan's purpose of eliminating or reducing the severity and number of violations of the national ambient air quality standards and achieving expeditious attainment of such standards; and

(b) Ensuring that a proposed transportation plan, program, or project will not:

(i) Cause or contribute to any new violation of any standard in any area;

(ii) Increase the frequency or severity of any existing violation of any standard in any area; or

(iii) Delay timely attainment of any standard or any required interim emission reductions or other milestones in any area.

Conformity determination shall be made by the state or local government or metropolitan planning organization administering or developing the plan, program, or project. The determination of conformity shall be based on the most recent estimates of emissions, and such estimates shall be determined from the most recent population, employment, travel, and congestion estimates as determined by the metropolitan planning organization or other agency authorized to make such estimates.

(2) Plans and programs conform if:

(a) Emissions resulting from such plans and programs are consistent with baseline emission inventories and emission reduction projections and schedules assigned to those plans and programs in the state implementation plan; and

(b) The plans and programs provide for the timely implementation of the transportation provisions in the approved or promulgated state implementation plan.

(3) A project conforms if:

(a) It is a control measure from the state implementation plan; or

(b) It comes from a conforming plan and program, and the design and scope of such project has not changed significantly since the plan and program from which the project derived was found to conform.

(c) A project other than one referred to in (a) and (b) of this subsection conforms if it is demonstrated that the project either does not contribute to increased emissions in the nonattainment area, or that offsetting emission reductions for the project are specifically provided for in the transportation plan and program, or are otherwise enforceable through the state implementation plan, before the project is approved.

(d) No later than eighteen months after the effective date of this section, the director of the department of ecology and the secretary of transportation, in consultation with other state, regional, and local agencies as appropriate, shall adopt by rule criteria and guidance for demonstrating and assuring conformity of plans, programs, and projects.

(4) A project with a scope that is limited to preservation or maintenance, or both, shall be exempted from a conformity determination requirement.

NEW SECTION. Sec. 211. The legislature finds that automotive traffic in Washington's metropolitan areas is the major source of emissions of air contaminants. This air pollution causes significant harm to public health, causes damage to trees, plants, and materials and degrades the quality of the environment.

Increasing automotive traffic is also aggravating traffic congestion in Washington's metropolitan areas. This traffic congestion imposes significant costs on Washington's businesses, governmental agencies, and cities in terms of lost working hours and delays in the delivery of goods and services. Traffic congestion worsens automobile-related air pollution and increases the consumption of fuel. This same traffic congestion also degrades the livability of many of Washington's cities and suburban areas. The capital and environmental costs of fully accommodating the existing and projected automobile traffic on roads and highways are prohibitive.

The legislature also finds that increasing automotive transportation is a major factor in increasing consumption of gasoline and, thereby, increasing reliance on imported sources of petroleum. Moderating the growth in automotive travel is essential to stabilizing and reducing dependence on imported petroleum and improving the nation's energy security.

The legislature further finds that reducing the number of trips to work made via single occupant cars and light trucks is an effective way of reducing automobile-related air pollution, traffic congestion, and energy use. Major employers have significant opportunities to encourage and facilitate reducing single occupant vehicle commuting by employees.

The intent of this chapter is to require local governments in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement plans to reduce single occupant vehicle commute trips. Such plans shall require major employers and the owners of major work sites to implement programs to reduce single occupant vehicle commuting by employees at major work sites. Local governments in counties experiencing significant but less severe automobile-related air pollution and traffic congestion may implement such plans. State agencies shall implement programs to reduce single occupant vehicle commuting at all major work sites throughout the state.

NEW SECTION. Sec. 212. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Major employer" means a private or public employer that employs one hundred or more full-time equivalent employees at a single work site during a twenty-four hour period for at least six contiguous months during a year.

(2) "Major work site" means a building or group of buildings that are on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights of way, and at which there are one hundred or more full-time equivalent employees of one or more employers during a twenty-four hour period for at least six contiguous months.

(3) "Commute trip reduction zones" mean areas within a jurisdiction that are characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of single occupancy vehicle commuting.

(4) "Commute trip" means trips made from a worker's home to a work site during the peak period of 6 a.m. to 10 a.m. on week days.

(5) "Proportion of single occupant vehicle commute trips" means the number of commute trips made by single occupant automobiles divided by the number of full-time equivalent employees.

(6) "Commute trip vehicle miles traveled per employee" means the sum of the undivided vehicle commute trip lengths in miles divided by the number of full-time equivalent employees. Commute trips made by transit shall not be counted as a vehicle commute trip.

(7) "Base year" means the year January 1, 1992, through December 31, 1992.

NEW SECTION. Sec. 213. (1) Each county with a population over two hundred twenty-five thousand, and each city or town within those counties containing a major employer shall, by July 1, 1992, adopt by ordinance and shall implement a commute trip reduction plan. The plan shall be developed in cooperation with local transit agencies, regional transportation planning organizations as established in RCW 47.80.020, major employers, and the owners of major work sites. The plan shall be designed to achieve reductions in the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled per employee by employees of major public and private sector employers in the jurisdiction.

(2) All other counties, and cities and towns in those counties, may adopt and implement a commute trip reduction plan.

(3) The department of ecology may, after consultation with the state energy office, as part of the state implementation plan for areas that do not attain the national ambient air quality standards for carbon monoxide or ozone, require municipalities to adopt and implement commute trip reduction plans if the department determines that such plans are necessary for attainment of said standards.

(4) A commute trip reduction plan shall be consistent with the guidelines established under section 216 of this act and shall include but is not limited to (a) goals for reductions in the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled per employee; (b) designation of commute trip reduction zones; (c) requirements for major public and private sector employers to implement commute trip reduction programs; (d) a commute trip reduction program for employees of the county, city, or town; (e) a review of local parking policies and ordinances as they relate to employers and major work sites and any revisions necessary to comply with commute trip reduction goals and guidelines; and (f) means for determining base year values of the proportion of single occupant vehicle commute trips and the commute trip vehicle miles travelled per employee and progress toward meeting commute trip reduction plan goals on an annual basis. In establishing goals for reductions in single occupant vehicle trip proportion and vehicle miles traveled per employee, the county, city, or town shall take into account the considerations of RCW 81.100.040. The goals shall not be less than a ten percent reduction from the base year values for all major employers in a work trip reduction zone by January 1, 1995, and twenty percent reduction from the base year values by January 1, 1997.

(5) A county, city, or town may, as part of its commute trip reduction plan, require commute trip reduction programs for other than major employers for major work sites if the county, city, or town determines such programs are necessary to address local transportation or air quality problems.

(6) The commute trip reduction plans adopted by counties, cities, and towns under this chapter shall be consistent with and may be incorporated in applicable state or regional transportation plans and local comprehensive plans and shall be coordinated, and consistent with, the commute trip reduction plans of counties, cities, or towns with which the county, city, or town has, in part, common borders or related regional issues. Counties, cities, or towns adopting commute trip reduction plans may enter into agreements through the interlocal cooperation act with other jurisdictions, local transit agencies, or regional transportation planning organizations to coordinate the development and implementation of such plans. Counties, cities, or towns adopting a commute trip reduction plan shall review it annually and revise it as necessary to be consistent with applicable plans developed under RCW 36.70A.070.

(7) Each county, city, or town implementing a commute trip reduction program shall, by July 15, 1992, submit a summary of its plan along with certification of adoption to the commute trip reduction task force established under section 216 of this act.

(8) Each county, city, or town implementing a commute trip reduction program shall submit an annual progress report to the commute trip reduction task force established under section 216 of this act. The report shall be due July 1, 1993, and each July 1 thereafter through July 1, 1996. The report shall describe progress in attaining the applicable commute trip reduction goals for each commute trip reduction zone and shall highlight any problems being encountered in achieving the goals. The information shall be reported in a form established by the commute trip reduction task force.

NEW SECTION. Sec. 214. (1) Not more than six months after the adoption of the commute trip reduction plan by a jurisdiction, each major employer in that jurisdiction shall develop a commute trip reduction program and shall submit a description of that program to the jurisdiction for review. The program shall be implemented not more than three months after submission to the jurisdiction.

(2) A commute trip reduction program shall consist of (a) designation of an on-site transportation coordinator; (b) regular distribution of information to employees regarding alternatives to single occupant vehicle commuting; (c) an annual survey of employee commuting and reporting of progress toward meeting the single occupant vehicle reduction goals to the county, city, or town consistent with the method established in the commute trip reduction plan; and (d) implementation of a set of measures designed to achieve the applicable commute trip reduction goals adopted by the jurisdiction. Such measures may include but are not limited to:

(i) Provision of preferential parking or reduced parking charges, or both, for high occupancy vehicles;

(ii) Instituting or increasing parking charges for single occupant vehicles;

(iii) Provision of commuter ride matching services to facilitate employee ridesharing for commute trips;

(iv) Provision of subsidies for transit fares;

(v) Provision of vans for van pools;

(vi) Provision of subsidies for car pooling or van pooling;

(vii) Permitting the use of the employer's vehicles for car pooling or van pooling;

(viii) Permitting flexible work schedules to facilitate employees' use of transit, car pools, or van pools;

(ix) Cooperation with transportation providers to provide additional regular or express service to the work site;

(x) Construction of special loading and unloading facilities for transit, car pool, and van pool users;

(xi) Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;

(xii) Provision of a program of parking incentives such as a rebate for employees who do not use the parking facility;

(xiii) Establishment of a program to permit employees to work part or full time at home or at an alternative work site closer to their homes;

(xiv) Establishment of a program of alternative work schedules such as compressed work week schedules which reduce commuting; and

(xv) Implementation of other measures designed to facilitate the use of high-occupancy vehicles such as on-site day care facilities and emergency taxi services.

(3) Employers or owners of work sites may form or utilize existing transportation management associations to assist members in developing and implementing commute trip reduction programs.

NEW SECTION. Sec. 215. (1) Each jurisdiction implementing a commute trip reduction plan under this chapter or as part of a plan or ordinance developed under RCW 36.70A.070 shall review each employer's initial commute trip reduction program to determine if the program is likely to meet the applicable commute trip reduction goals. The employer shall be notified by the jurisdiction of its findings. If the jurisdiction finds that the program is not likely to meet the applicable commute trip reduction goals, the jurisdiction will work with the employer to modify the program as necessary. The jurisdiction shall complete review of each employee's initial commute trip reduction program within six months of receipt.

(2) Each jurisdiction shall annually review each employer's progress toward meeting the applicable commute trip reduction goals. If it appears an employer is not likely to meet the applicable commute trip reduction goals, the jurisdiction shall work with the employer to make modifications to the commute trip reduction program.

(3) If an employer fails to meet the applicable commute trip reduction goals, the jurisdiction shall propose modifications to the program and direct the employer to revise its program to incorporate those modifications or modifications which the jurisdiction determines to be equivalent within thirty days.

(4) Each jurisdiction implementing a commute trip reduction plan pursuant to this chapter may impose civil penalties, in the manner provided in chapter 7.80 RCW, for failure by an employer to implement a commute trip reduction program or to modify its commute trip reduction program as required in subsection (3) of this section.

NEW SECTION. Sec. 216. (1) A commute trip reduction task force shall be established by the state energy office. The task force shall be composed of one representative from the state energy office who shall serve as chair; one representative from each of the departments of transportation, ecology, community development, and general administration; six representatives from counties, based on recommendations from the Washington state association of counties; three representatives from cities or towns, based on recommendations from the association of Washington cities; three representatives from transit agencies; and six representatives from major employers. The task force shall be dissolved on July 1, 1997.

(2) By January 1, 1992, the commute trip reduction task force shall establish guidelines for commute trip reduction plans. The guidelines are intended to ensure consistency in commute trip reduction plans and goals among jurisdictions while fairly taking into account differences in employment and housing density, employer size, existing and anticipated levels of transit service, and other factors the task force determines to be relevant. The guidelines shall include criteria for establishing commute trip reduction zones and the information requirements for determining progress in meeting the commute trip reduction goals.

(3) The task force shall review the costs and benefits of commute trip plans and programs and shall make recommendations to the legislature by December 1, 1994, and December 1, 1996. In assessing the costs and benefits, the task force shall also consider the costs of not having implemented commute trip reduction plans and programs. The recommendations shall address the need for continuation, modification, or termination of any or all requirements of this chapter.

NEW SECTION. Sec. 217. (1) A technical assistance team shall be established under the direction of the state energy office and include representatives of the departments of transportation and ecology. The team shall provide staff support to the commute trip reduction task force in carrying out the requirements of section 216 of this act and to the department of general administration in carrying out the requirements of section 219 of this act.

(2) The team shall provide technical assistance to counties, cities, and towns, the department of general administration, other state agencies, and other employers in developing and implementing commute trip reduction plans and programs. The technical assistance shall include: (a) Guidance in determining base and subsequent year values of single occupant vehicle commuting proportion and commute trip reduction vehicle miles traveled to be used in determining progress in attaining plan goals; (b) developing model plans and programs appropriate to different situations; and (c) providing consistent training and informational materials for the implementation of commute trip reduction programs. Model plans and programs, training and informational materials shall be developed in cooperation with representatives of local governments, transit agencies, and employers.

NEW SECTION. Sec. 218. A portion of the funds collected under section 225 of this act shall be used to fund the commute trip reduction task force in carrying out the responsibilities of section 217 of this act, and the interagency technical assistance team and to assist counties, cities, and towns implementing commute trip reduction plans. Funds shall be provided to the counties in proportion to the number of major employers and major work sites in each county. The counties shall provide funds to cities and towns within the county which are implementing commute trip reduction plans in proportion to the number of major employers and major work sites within the city or town.

NEW SECTION. Sec. 219. (1) The director of general administration, with the concurrence of an interagency task force established for the purposes of this section, shall coordinate a commute trip reduction plan for state facilities by July 1, 1992. The task force shall include representatives of the state energy office, the departments of transportation and ecology and such other departments as the director of general administration determines to be necessary to be generally representative of state agencies. The state agency plan shall be consistent with the requirements of sections 213 and 214 of this act and shall be developed in consultation with state employees, local and regional governments, local transit agencies, the business community, and other interested groups. The plan shall consider and recommend policies applicable to all state agencies including but not limited to policies regarding parking and parking charges, employee incentives for commuting by other than single-occupant automobiles, flexible and alternative work schedules, alternative work sites, and the use of state-owned vehicles for car and van pools. The plan shall also consider the costs and benefits to state agencies of achieving commute trip reductions and consider mechanisms for funding state agency commute trip reduction programs. The department shall, by July 15, 1992, submit a summary of its plan along with certification of adoption to the commute trip reduction task force established under section 216 of this act.

(2) Not more than three months after the adoption of the commute trip reduction plan, each state agency shall, for each facility which is a major employer, develop a commute trip reduction program. The program shall be designed to meet the goals of the commute trip reduction plan of the county, city, or town or, if there is no local commute trip reduction plan, the state. The program shall be consistent with the policies of the state commute trip reduction plan and section 214 of this act. The agency shall submit a description of that program to the local jurisdiction implementing a commute trip reduction plan or, if there is no local commute trip reduction plan, to the department of general administration. The program shall be implemented not more than three months after submission to the department. Annual reports required in section 214(2)(c) of this act shall be submitted to the local jurisdiction implementing a commute trip reduction plan and to the department of general administration. An agency which is not meeting the applicable commute trip reduction goals shall, to the extent possible, modify its program to comply with the recommendations of the local jurisdiction or the department of general administration.

(3) State agencies sharing a common location may develop and implement a joint commute trip reduction program or may delegate the development and implementation of the commute trip reduction program to the department of general administration.

(4) The department of general administration in consultation with the state technical assistance team shall review the initial commute trip reduction program of each state agency subject to the commute trip reduction plan for state agencies to determine if the program is likely to meet the applicable commute trip reduction goals and notify the agency of any deficiencies. If it is found that the program is not likely to meet the applicable commute trip reduction goals, the team will work with the agency to modify the program as necessary.

(5) For each agency subject to the state agency commute trip reduction plan, the department of general administration in consultation with the technical assistance team shall annually review progress toward meeting the applicable commute trip reduction goals. If it appears an agency is not meeting or is not likely to meet the applicable commute trip reduction goals, the team shall work with the agency to make modifications to the commute trip reduction program.

(6) The department of general administration shall submit an annual progress report for state agencies subject to the state agency commute trip reduction plan to the commute trip reduction task force established under section 216 of this act. The report shall be due April 1, 1993, and each April 1 thereafter. The report shall report progress in attaining the applicable commute trip reduction goals for each commute trip reduction zone and shall highlight any problems being encountered in achieving the goals. The information shall be reported in a form established by the commute trip reduction task force.

NEW SECTION. Sec. 220. Sections 211 through 219 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 221. The long-range health and environmental goals for the state of Washington require the protection of the state's air quality for the health, safety, and enjoyment of its people. It is the purpose of this chapter to encourage the purchase of efficient, low emission motor vehicles.

NEW SECTION. Sec. 222. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Motor vehicle" means all motor vehicles of the type designed primarily to be used upon the public streets and highways, for the convenience or pleasure of the owner, or for the conveyance, for hire or otherwise, of persons or property, including automobiles, light trucks, fixed loads and facilities for human habitation; but shall not include (a) dock and warehouse tractors and their cars or trailers, lumber carriers of the type known as spiders, and all other automotive equipment not designed primarily for use upon public streets, or highways, (b) mobile home and travel trailers as defined in RCW 82.50.010, or (c) farm vehicles as defined in RCW 46.04.181.

(2) "New motor vehicle dealer" means the initial retail seller of motor vehicles as defined in subsection (1) of this section.

(3) "Purchase price" means the price paid by a new motor vehicle dealer to a manufacturer, or distribution company of a manufacturer, for a motor vehicle delivered to the dealer for subsequent resale.

NEW SECTION. Sec. 223. An excise tax is imposed on the privilege of selling by manufacturers or the distribution companies of manufacturers new motor vehicles to the new motor vehicle dealers in the state. The excise tax shall consist of two parts and shall be computed as follows:

(1) Part one shall be an amount equal to thirty-seven one-hundredths percent of the purchase price of the vehicle and shall be based on information provided pursuant to section 226 of this act; and

(2) Part two shall be an amount computed by section 224 of this act.

NEW SECTION. Sec. 224. The tax under section 223(2) of this act will be based on a vehicle's emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, and carbon dioxide weighted relative to the emissions of other new motor vehicles in the class. The state energy office shall calculate the tax for each new vehicle based on its total emissions relative to other vehicles in the same class. In calculating a schedule of taxes, the state energy office shall, in consultation with the department of ecology, utilize United States environmental protection agency estimates of emissions per mile of each pollutant. The schedule shall be updated annually, in order to incorporate new information on emissions. The maximum tax imposed on a new vehicle under this section is two hundred fifty dollars, except this maximum tax shall be adjusted annually to account for inflation as determined by the state office of the economic and revenue forecast council.

NEW SECTION. Sec. 225. The excise tax imposed by section 233(2) of this act is due and payable by the vehicle manufacturer to the department of revenue or its agents quarterly as determined by the department of revenue. Automobiles and light pick-up trucks will be considered separate classes for the purposes of the emission fee imposed by section 223(2) of this act.

NEW SECTION. Sec. 226. (1) Each new motor vehicle dealer in the state shall before the twenty-fifth day of February, May, August, and November of each year, commencing with November 1991, advise the department of revenue of the make, model, body type, engine type, and displacement and transmission type as specified on the United States environmental protection agency fuel economy label of the new motor vehicles delivered to them by vehicle manufacturers or the distribution companies of manufacturers during the preceding calendar quarter ending on the last day of March, June, September, and December, respectively. The department of revenue may collect the excise tax imposed by section 223(1) of this act based upon the information provided by the new motor vehicle dealers.

(2) Chapter 82.32 RCW applies to the tax imposed by this chapter, in addition to any other provisions of law for the payment and enforcement of the tax imposed by this chapter. The department of revenue shall by rule provide for the effective administration of this chapter.

NEW SECTION. Sec. 227. (1)(a) The air pollution control account is established in the state treasury. The moneys deposited into the air pollution control account from revenues under section 223 of this act may be used by the state energy office, the department, and local air authorities to develop and implement the provisions of this chapter.

(b) Money in the air pollution control account shall be expended by the state energy office or the department of ecology subject to legislative appropriation. All earnings of investments of balances in the air pollution control account shall be credited to the general fund. The amounts collected and allocated in accordance with this section shall be expended upon appropriation and in accordance with the following limitations:

Portions of moneys received by the department from the air pollution control account shall be distributed by the department to local authorities based on:

(i) The level and extent of motor vehicle related air quality problems within such authority's jurisdiction;

(ii) The costs associated with implementing motor vehicle related programs by such authority; and

(iii) The amount of funding available to such authority from other sources, whether state, federal, or local, that could be used to implement motor vehicle related programs.

(2) On the first day of the months of January, April, July, and October of each year the department of revenue shall deposit all excise taxes collected under this chapter into the air pollution control account.

NEW SECTION. Sec. 228. The state energy office shall publish annually, for each new automobile and light truck make, model, body type, engine type, and displacement and transmission type, the emissions excise tax for that vehicle; the maximum and minimum emissions excise tax for vehicles of the same vehicle class as defined by the United States environmental protection agency; the estimated total emissions of hydrocarbons, carbon monoxide, oxides of nitrogen and carbon dioxide for that vehicle over one hundred thousand miles; and the maximum and minimum total emissions for vehicles of the same vehicle class. This information shall be distributed to all new motor vehicle dealers along with a form for the display of this information. New motor vehicle dealers shall prominently display this information for each new vehicle on the vehicle using the prescribed form.

NEW SECTION. Sec. 229. Sections 221 through 228 of this act shall constitute a new chapter in Title 82 RCW.

NEW SECTION. Sec. 230. A new section is added to chapter 70.120 RCW to read as follows:

It is the intent of the legislature that the state take advantage of the best control systems available on new motor vehicles. The department shall ensure that beginning with the 1994 model year, new motor vehicles sold in Washington meet the same emission standards as new vehicles sold in the state of California.

NEW SECTION. Sec. 231. The department of ecology shall contract with Western Washington University for the biennium ending June 30, 1993, for research and development of alternative fuel and solar powered vehicles. A report on the progress of such research shall be presented to the standing environmental committees and the department by January 1, 1994.

III.

INDUSTRIAL AND COMMERCIAL SOURCES

NEW SECTION. Sec. 301. A new section is added to chapter 70.94 RCW to read as follows:

The department of ecology, or board of an authority, shall require renewable permits for the construction, installation, establishment, modification, or operation of air containment sources subject to the following conditions and limitations:

(1) The permits shall be issued for a period of five years. Permits may be reissued if new federal or state statutes specifically requiring revisions to a permit are enacted or during the first five years of the permit program where necessary to ease administrative burdens on a permitting agency or source. Permits may also be revised at any time at the request of the source owner.

(2) "Best available control technology" is required in permits for all new and modified sources and best available retrofit technology is required in permits for all existing sources. Control technology may only be redefined at time of permit renewal. "Best available retrofit control technology" means an emission limitation that is based on the maximum degree of reduction achievable, taking into account environmental, energy, and economic impacts by and on a source.

(3) Rules establishing content and minimum requirements for a state-wide permit program and the process for permit application and renewal consistent with federal requirements shall be established by the department by July 1, 1992.

(4) Permits shall apply to all sources except single-family or duplex dwellings (a) where required by the federal clean air act, (b) for all new sources proposed after the effective date of this section, and (c) for any source that may cause or contribute to air pollution in such quantity as can reasonably be demonstrated by the department or board of any authority to create a threat to the public health or welfare. Subsection (4)(c) of this section applies only in areas exceeding or threatened to exceed federal or state air quality standards. For purposes of this section areas threatened to exceed air quality standards shall mean areas projected by the department to exceed such standards within five years. Prior to identifying threatened areas the department shall hold a public hearing or hearings within the proposed areas.

(5) Sources operated by government agencies are not exempt under this section.

(6) For the purposes of this section "source" shall mean "point source" and means a confined and discrete conveyance from which pollutants are or may be discharged.

(7) Sources in existence as of the effective date of this section shall be notified pursuant to rules adopted in subsection (3) of this section of the need for a renewable permit and the process and timetable for obtaining the permit. Existing sources shall be allowed to operate under presently applicable standards and conditions until such time as the permit for the existing source is issued.

(8) All permits shall be subject to public notice and comment.

(9) The procedures contained in chapter 43.21B RCW shall apply to permit appeals. Sources shall be allowed to operate while permits are under appeal.

(10) Failure to submit application for a permit as required by this section, or failure to operate in accordance with conditions of the permit shall result in penalties as provided for in RCW 70.94.430 and 70.94.431.

(11) The department or appropriate local authority shall provide in writing to any source for which permit decisions will be delayed more than ninety days after a complete application is received, (a) the causes of the delay, (b) the time period that will elapse before a decision is rendered including a reasonable schedule of time requirements and steps necessary for the department or local authority to reach such decision and, (c) a clear statement of corrective or prospective actions that the source should take to secure the permit. If the timetable in (b) of this subsection is exceeded by the department or appropriate local authority for actions under its control, provisions shall be made to allow for sources to proceed with construction, installation, establishment, modification, or operation in cases where severe economic damage would result from further delay and no significant public health, safety, or environmental concerns are involved.

(12) The fee schedule for industrial and commercial air pollution sources under this section shall be based on the requirements of the federal clean air act and shall be set by rule. All fees collected shall be deposited in the air pollution control account created in section 227 of this act. The initial fee shall be twenty-five dollars multiplied by the annual permitted emissions of air contaminants from the affected source. Fees shall be adjusted annually for inflation as determined by the state office of the economic and revenue forecast council. All sources subject to permits under this section and section 302 of this act shall be subject to emission fees. Fees may exceed twenty-five dollars per ton only if necessary to adjust for inflation or to cover permit program costs as determined by the federal clean air act.

Sec. 302. RCW 70.94.152 and 1973 1st ex.s. c 193 s 2 are each amended to read as follows:

(1) ((The department of ecology or board of any authority may require notice of the construction, installation, or establishment of any new air contaminant sources except single family and duplex dwellings. The department of ecology or board may require such notice to be accompanied by a fee and determine the amount of such fee: PROVIDED, That the amount of the fee may not exceed the cost of reviewing the plans, specifications, and other information and administering such notice: PROVIDED FURTHER, That any such notice given)) A permit application required by section 301 of this act and submitted to either the board or to the department of ecology shall preclude a further ((~~notice~~)) submittal of an application to ((~~be given to~~)) any ((~~other~~)) board or to the department of ecology. Within thirty days of ((~~its~~)) receipt of such ((~~notice~~)) application, the department of ecology or board may require, as a condition precedent to the construction, installation, ((or)) establishment, modification, or operation of the air contaminant source or sources covered thereby, the submission of plans, specifications, and such other information as it deems necessary ((~~in order~~)) to determine whether the proposed construction, installation, ((or)) establishment, modification, or operation will be in accord with applicable rules and regulations in force ((~~pursuant to~~)) under this chapter, and will provide all known available and reasonable methods of emission control. If on the basis of plans, specifications, or other information required ((~~pursuant to~~)) under this section the department of ecology or board determines that the proposed construction, installation, ((or)) establishment, modification, or operation will not be in accord with this chapter or the applicable ordinances, resolutions, rules, and regulations adopted ((~~pursuant thereto~~)) under this chapter, or will not provide all known available and reasonable means of emission control consistent with section 301 of this act, it shall issue an order for the prevention of the construction, installation, ((or)) establishment, or modification of the air contaminant source or sources and deny the permit for the operation of an air contaminant source. If on the basis of plans, specifications, or other information required ((~~pursuant to~~)) under this section, the department of ecology or board determines that the proposed construction, installation, ((or)) establishment, modification, or operation will be in accord with this chapter, and the applicable ordinances, resolutions, rules, and regulations adopted ((~~pursuant thereto and will provide all known available and reasonable methods of emission control~~)) under this chapter, it shall issue ((~~an order of approval of~~)) a permit for the construction, installation, ((~~and~~)) establishment, modification, or operation of the air contaminant source or sources, which ((~~order~~)) permit may provide such conditions ((~~of operation~~)) as are reasonably necessary to assure the maintenance of compliance with this chapter and the applicable ordinances, resolutions, rules, and regulations adopted ((~~pursuant thereto~~)) under this chapter.

(2) For the purposes of this chapter, addition to or enlargement or replacement of an air contaminant source, or any major alteration ((~~therein~~)) of a source, shall be construed as construction or installation or establishment of a new air contaminant source. The determination((,)) required under subsection (1) of this section((~~, of whether a proposed construction, installation, or establishment will be in accord with this chapter and the applicable ordinances, resolutions, rules, and regulations adopted pursuant thereto~~)) shall include a determination of whether the operation of the new air contaminant source at the location proposed will cause any ambient air quality standard to be exceeded.

(3) Nothing in this section shall be construed to authorize the department of ecology or board to require the use of emission control equipment or other equipment, machinery, or devices of any particular type, from any particular supplier, or produced by any particular manufacturer.

(4) Any features, machines, and devices constituting parts of or called for by plans, specifications, or other information submitted pursuant to subsection (1) ((~~hereof~~)) of this section shall be maintained in good working order and operated in a manner to minimize emissions.

(5) The absence of an ordinance, resolution, rule, or regulation, or the failure to issue ((~~an order pursuant to this section~~)) a permit under section 301 of this act or this section shall not relieve any person from his or her obligation to comply with ((~~any~~)) applicable emission control requirements or with any other provision of law.

NEW SECTION. Sec. 303. A new section is added to chapter 70.94 RCW to read as follows:

All sources not subject to permits under this section but emitting more than ten tons of a criteria air contaminant or one ton of a hazardous air pollutant, as identified by the federal clean air act, per year shall be required to develop emission reduction plans for the reduction of air contaminant emissions. A person with multiple facilities may submit a single plan for one or more of those facilities. The department shall adopt rules for preparation, format, and approval process for these plans. The rules shall be, to the extent possible, consistent with rules adopted by the department under chapter 114, Laws of 1990. Where applicable hazardous substance reduction plans required by chapter 114, Laws of 1990 shall constitute full or partial compliance with these requirements. The rules shall require the plan to address, where applicable, at a minimum the following options: Process changes, product substitution, equipment modifications, hazardous substance use reduction, recycling, and energy efficiency. The plan shall contain but not be limited to a written policy articulating corporate management or agency director support for the plan and an executive summary documenting the scope, objectives, and methods of emission reduction chosen. The appropriate local air authority or the department shall approve the emission reduction plan consistent with rules adopted under this section. Sources that voluntarily install best available control technology and best management practices for all emission points are exempt from the plans under this subsection. Specific levels, quantities, or percentage emission reduction shall not be required by these plans. Failure to submit an adequate plan shall result in penalties as provided for in RCW 70.94.430 and 70.94.431.

Sec. 304. RCW 70.94.155 and 1981 c 224 s 1 are each amended to read as follows:

(1) As used in subsection (3) of this section, the term "bubble" means an air pollution control system which permits aggregate measurements of allowable emissions, for a single category of pollutant, for emissions points from a specified emissions-generating facility or facilities. Individual point source emissions levels from such specified facility or facilities may be modified provided that the aggregate limit for the specified sources is not exceeded.

(2) Whenever any regulation relating to emission standards or other requirements for the control of emissions is adopted which provides for compliance with such standards or requirements no later than a specified time after the date of adoption of the regulation, the appropriate activated air pollution control authority or, if there be none, the department of ecology shall, by regulatory order, issue to air contaminant sources subject to the standards or requirements, schedules of compliance setting forth timetables for the achievement of compliance as expeditiously as practicable, but in no case later than the time specified in the regulation. Interim dates in such schedules for the completion of steps of progress toward compliance shall be as enforceable as the final date for full compliance therein.

(3) Wherever requirements necessary for the attainment of air quality standards or, where such standards are not exceeded, for the maintenance of air quality can be achieved through the use of a control program involving the bubble concept, such program may be authorized by a ((~~regulatory order or orders~~)) permit issued to the air contaminant source or sources involved. Any such ((~~order~~)) permit provision shall restrict total emissions within the bubble to no more than ninety percent of what would otherwise be allowed in the aggregate for all emitting processes covered. The ((~~orders~~)) permits provided for by this subsection shall be issued by the department or the authority with jurisdiction. If the bubble involves interjurisdictional approval, concurrence in the total program must be secured from each regulatory entity concerned.

Sec. 305. RCW 70.94.181 and 1983 c 3 s 176 are each amended to read as follows:

(1) Any person who owns or is in control of any plant, building, structure, establishment, process or equipment may apply to the department of ecology ((~~where it has regulatory authority under RCW 70.94.390, 70.94.395, 70.94.410, and 70.94.420,~~)) or appropriate local authority board for a variance from rules or regulations governing the quality, nature, duration or extent of discharges of air contaminants. The application shall be accompanied by such information and data as the department of ecology or board may require. The department of ecology or board may grant such variance, provided that variances to state rules shall require the department's approval prior to being issued by a local authority board. Variances may be issued by either the department or a local board but only after public hearing or due notice, if ((it)) the department or board finds that:

(a) The emissions occurring or proposed to occur do not endanger public health or safety or the environment; and

(b) Compliance with the rules or regulations from which variance is sought would produce serious hardship without equal or greater benefits to the public.

(2) No variance shall be granted pursuant to this section until the department of ecology or board has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public.

(3) Any variance or renewal thereof shall be granted within the requirements of subsection (1) of this section and for time periods and under conditions consistent with the reasons therefor, and within the following limitations:

(a) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, abatement or control of the pollution involved, it shall be only until the necessary means for prevention, abatement or control become known and available, and subject to the taking of any substitute or alternate measures that the department of ecology or board may prescribe.

(b) ((If the application for variance shows that there is no automobile fragmentizer within a reasonable distance of the wrecking yard for which the variance is sought, a variance will be granted for a period not to exceed three years for commercial burning of automobile hulks, subject to such conditions as the department of ecology may impose as to climatic conditions and hours during which burning of such hulks may be carried out: PROVIDED, HOWEVER, That any variance granted hereunder shall be of no force and effect after July 1, 1970.

~~(c)~~)) If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance is sought will require the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the department of ecology or board is requisite for the taking of the necessary measures. A variance granted on the ground specified herein shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to such timetable.

((~~(d)~~)) (c) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in ((~~item~~)) (a)((~~, (b)~~)) and ((~~(c)~~)) (b) of this ((~~subparagraph~~)) subsection, it shall be for not more than one year.

(4) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods which would be appropriate on initial granting of a variance. If complaint is made to the department of ecology or board on account of the variance, no renewal thereof shall be granted unless following a public hearing on the complaint on due notice the state board or board finds that renewal is justified. No renewal shall be granted except on application therefor. Any such application shall be made at least sixty days prior to the expiration of the variance. Immediately upon receipt of an application for renewal, the department of ecology or board shall give public notice of such application in accordance with rules ((~~and regulations~~)) of the department of ecology or board.

(5) A variance or renewal shall not be a right of the applicant or holder thereof but shall be granted at the discretion of the department of ecology or board. However, any applicant adversely affected by the denial or the terms and conditions of the granting of an application for a variance or renewal of a variance by the department of ecology or board may obtain judicial review thereof under the provisions of chapter 34.05 RCW as now or hereafter amended.

(6) Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of RCW 70.94.710 through 70.94.730 to any person or his or her property.

(7) An application for a variance, or for the renewal thereof, submitted to the department of ecology or board pursuant to this section shall be approved or disapproved by the department or board within sixty-five days of receipt unless the applicant and the department of ecology or board agree to a continuance.

Sec. 306. RCW 70.94.205 and 1973 1st ex.s. c 193 s 4 are each amended to read as follows:

Whenever any records or other information, other than ambient air quality data or emission data, furnished to or obtained by the department of ecology or the board of any authority ((~~pursuant to any sections in chapter 70.94 RCW~~)) under this chapter, relate to processes or production unique to the owner or operator, ((or)) is likely to affect adversely the competitive position of such owner or operator if released to the public or to a competitor, and the owner or operator of such processes or production so certifies, such records or information shall be only for the confidential use of the department of ecology or board. Nothing herein shall be construed to prevent the use of records or information by the department of ecology or board in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere: PROVIDED, That such analyses or summaries do not reveal any information otherwise confidential under the provisions of this section: PROVIDED FURTHER, That emission data furnished to or obtained by the department of ecology or board shall be correlated with applicable emission limitations and other control measures and shall be available for public inspection during normal business hours at offices of the department of ecology or board.

NEW SECTION. Sec. 307. (1) In order to address the goal of preserving, protecting, and enhancing air quality the legislature intends to utilize a variety of approaches to reduce pollution, enhance environmental quality, and provide a sound basis for economic growth. The use of economic incentives is a powerful new approach that could reduce pollution and promote resource protection efficiently.

The legislature wishes to evaluate economic incentives designed to allow the state to obtain air pollution reduction for the lowest possible cost to society, to create a long-term incentive for innovation which protects the environment, to cause prices to appropriately reflect the environmental costs imposed on society, and to reduce capital losses due to uncertainty and inappropriate investment.

(2) "Economic incentives" means pricing mechanisms intended to incorporate the environmental costs and benefits of market behavior into market decisions and thus to promote innovation and resource recovery, to alter the way the market interacts with the environment, and to diminish damages to the environment. These pricing mechanisms may include but are not limited to subsidies, taxes, fees, deposit systems, marketable permits, preconsumption disposal payments, and altering capital rates and terms.

(3) The department in consultation with the department of trade and economic development shall contract for a study to assess the availability and effectiveness of economic incentives to reduce, control, and prevent air contaminant emissions.

(4) The study shall be completed by July 1, 1992, and be provided to the governor's office, the legislature, the standing environmental committees, and the department of ecology upon completion.

(5) The study shall include but not be limited to:

(a) A listing of air pollution related market incentives in place or scheduled for use in other states and/or countries;

(b) An assessment of the effectiveness in terms of air pollution reduction of the incentives listed in subsection (3) of this section;

(c) Recommendations of strategies most appropriate and effective for use in Washington state and mechanisms for implementing these strategies including identifying where statutory changes are necessary.

NEW SECTION. Sec. 308. A new section is added to chapter 70.94 RCW to read as follows:

The department shall establish a technical assistance unit within its air quality program to provide the regulated community, especially small businesses with:

(1) Information on air pollution laws, regulations, compliance methods, and technologies;

(2) Information on air pollution prevention methods and technologies, and prevention of accidental releases;

(3) Assistance in obtaining permits and developing emission reduction plans;

(4) Information on the health and environmental effects of air pollution.

Sec. 309. RCW 70.94.211 and 1974 ex.s. c 69 s 4 are each amended to read as follows:

Whenever the board or the control officer has reason to believe that any provision of this chapter or any ordinance, resolution, rule or regulation relating to the control or prevention of air pollution has been violated, such board or control officer may cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the ordinance, resolution, rule or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may include an order that necessary corrective action be taken within a reasonable time. In lieu of an order, the board or the control officer may require that the alleged violator or violators appear before the board for a hearing, or in addition to or in place of an order or hearing, the board may initiate action pursuant to RCW 70.94.425, 70.94.430, 70.94.431, and 70.94.435.

Sec. 310. RCW 70.94.430 and 1984 c 255 s 1 are each amended to read as follows:

Any person who violates any of the provisions of this chapter or chapter 70.120 RCW, or any ordinance, resolution, ((~~rule~~)) or regulation in force pursuant thereto shall be guilty of a ((~~misdemeanor~~)) crime and upon conviction thereof shall be punished by a fine of not more than ((~~one~~)) ten thousand dollars and costs of investigation and prosecution, or by imprisonment in the county jail for not more than ((~~ninety days~~)) one year, or by both fine and imprisonment for each separate violation. Maximum penalties shall be reserved for persons who willfully violate such provisions, ordinances, resolutions, or regulations.

((Any person who wilfully violates any of the provisions of this chapter or any ordinance, resolution, rule or regulation in force pursuant thereto shall be guilty of a gross misdemeanor. Upon conviction the offender shall be punished by a fine of not less than one hundred dollars for each offense or by imprisonment for a term of not more than one year or by both fine and imprisonment.))

In case of a continuing violation, whether or not willfully committed, each day's continuance shall be a separate and distinct violation.

Persons who knowingly fail to disclose a potential conflict of interest under section 704(5) of this act shall be guilty of a gross misdemeanor.

Sec. 311. RCW 70.94.431 and 1990 c 157 s 1 are each amended to read as follows:

(1) In addition to or as an alternate to any other penalty provided by law, any person who violates any of the provisions of this chapter ((~~70.94 RCW~~)) or any of the rules ((~~and regulations~~)) of the department or the board shall incur a civil penalty in an amount not to exceed ((~~one~~)) ten thousand dollars per day for each violation. Each such violation shall be a separate and distinct offense, and in case of a continuing violation, each day's continuance shall be a separate and distinct violation. ((~~For the purposes of this subsection, the maximum daily fine imposed by a local board for violations of standards by a specific emissions unit is one thousand dollars.~~))

A person who fails to take action as specified by an order issued pursuant to this chapter shall be liable for a civil penalty of not more than ten thousand dollars for each day of continued noncompliance. Penalties incurred, if unpaid after ninety days, shall be subject to the maximum interest charges allowed by law. If violations and penalties are appealed, no interest shall accrue until the appeal is resolved.

The maximum penalty may be increased annually to account for inflation as determined by the state office of the economic and revenue forecast council.

(2) ((Further, the person is subject to a fine of up to five thousand dollars to be levied by the director of the department of ecology if requested by the board of a local authority or if the director determines that the penalty is needed for effective enforcement of this chapter. A local board shall not make such a request until notice of violation and compliance order procedures have been exhausted, if such procedures are applicable. For the purposes of this subsection, the maximum daily fine imposed by the department of ecology for violations of standards by a specific emissions unit is five thousand dollars.

~~(3)~~)) Each act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the same penalty. The penalties provided in this section shall be imposed pursuant to RCW 43.21B.300.

((~~(4)~~)) (3) All penalties recovered under this section by the department shall be paid into the state treasury and credited to the ((~~general fund~~)) air pollution control account established in section 227 of this act or, if recovered by the authority, shall be paid into the treasury of the authority and credited to its funds. If a prior penalty for the same violation has been paid to a local authority, the penalty imposed by the department under subsection ((~~(2)~~)) (1) of this section shall be reduced by the amount of the payment. ((~~Notwithstanding any other provisions of this chapter, no penalty may be levied for the violation of any opacity standard in an amount exceeding four hundred dollars per day.~~

~~(5)~~)) (4) To secure the penalty incurred under this section, the state or the authority shall have a lien on any vessel used or operated in violation of this chapter which shall be enforced as provided in RCW 60.36.050.

(5) Public or private entities that are recipients or potential recipients of department grants, whether for air quality related activities or not, may have such grants rescinded or withheld by the department for failure to comply with provisions of this chapter.

(6) In addition to other penalties provided by this chapter, persons found under-reporting emissions or other information used to set fees, or persons required to pay emission or permit fees who are more than ninety days late with such payments may be subject to a penalty equal to three times the amount of the original fee owed.

Sec. 312. RCW 70.94.860 and 1984 c 164 s 2 are each amended to read as follows:

The department of ecology may accept delegation of the prevention of significant deterioration program ((~~pursuant to Part C, Subpart 1 of~~)) as provided for in the federal clean air act. The department may, in turn, delegate this program to the local authority with jurisdiction in a given area.

Sec. 313. RCW 70.94.875 and 1985 c 456 s 3 are each amended to read as follows:

The department of ecology, in consultation with the ((~~joint legislative committee on science and technology or the~~)) appropriate committees of the house of representatives and of the senate, shall:

(1) Continue evaluation of information and research on acid deposition in the Pacific Northwest region;

(2) Establish critical levels of acid deposition and lake, stream, and soil acidification; and

(3) Notify the legislature if acid deposition or lake, stream, and soil acidification reaches the levels established under subsection (2) of this section.

IV.

OUTDOOR BURNING

Sec. 401. RCW 70.94.745 and 1972 ex.s. c 136 s 2 are each amended to read as follows:

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 program for the people of this state, consisting of a one-permit system, until such time as ((an)) alternate technology or methods of disposing of the organic refuse ((~~described in this chapter shall~~)) have been developed ((~~which is~~)) that are reasonably economical and less harmful to the environment. It is the policy of this state to ((~~encourage the fostering and development of such~~)) foster and encourage development of alternate methods or technology for disposing of or reducing the amount of organic refuse.

NEW SECTION. Sec. 402. A new section is added to chapter 70.94 RCW to read as follows:

(1) Consistent with the policy of the state to reduce outdoor burning to the greatest extent practical:

(a) Outdoor burning shall not be allowed in any area of the state where federal or state ambient air quality standards are exceeded for pollutants emitted by outdoor burning.

(b) Outdoor burning shall not be allowed in any urban growth area as defined by RCW 36.70A.030, or any city of the state having a population greater than ten thousand people if such cities are threatened to exceed state or federal air quality standards, and alternative disposal practices consistent with good solid waste management are reasonably available or practices eliminating production of organic refuse are reasonably available. In no event shall such burning be allowed after December 31, 2000.

(2) "Outdoor burning" means a combustion of material of any type in the outdoors in the open, not in an enclosure, where the productions of combustion are not directed through a flue.

NEW SECTION. Sec. 403. A new section is added to chapter 70.94 RCW to read as follows:

(1) The department of natural resources shall administer a program to reduce state-wide emissions from prescribed forest burning so as to achieve the following minimum objectives:

(a) Twenty percent reduction by December 31, 1994; and

(b) Fifty percent reduction by December 31, 2000.

Reductions shall be calculated from the average annual emissions level from calendar years 1985 to 1990, using the same methodology for both reduction and base year calculations.

"Prescribed forest burning" means the permitted burning of wood fiber on forest lands.

(2) The department of natural resources, within twelve months after the effective date of this section, shall develop a plan, in conjunction with the department of ecology and public and private land owners engaged in prescribed forest burning, to carry out the program as described in this section.

The plan shall recognize the variations in prescribed forest burning including, but not limited to, objectives of burning, geographic region, climate, elevation and slope, proximity to populated areas, and diversity of land ownership. The plan shall establish priorities that the department shall use to allocate allowable emissions.

The emission reductions in this section are to apply to all forest lands including those owned and managed by the United States. If the United States does not satisfactorily participate in implementing the plan, the departments of natural resources and ecology shall use all appropriate and available enforcement powers to ensure participation until such time as satisfactory participation occurs. The contribution of emissions from such lands shall be deleted from the calculation of the base period and the percentage reductions.

The plan shall include a tracking system designed to measure the degree of progress toward the emission reductions goals set in this section. Emissions are to be measured by the department of natural resources based on the best available methods of estimation. The department of natural resources shall report annually to the department of ecology and the legislature on the status of the plan, emission reductions and progress toward meeting the objectives specified in this section, and the goals of this chapter and chapter 76.04 RCW.

(3) If the December 31, 1994, emission reductions targets in this section are not met, the department of natural resources, in consultation with the department of ecology, shall use its authority granted in this chapter and chapter 76.04 RCW to immediately limit emissions from such burning to the 1994 target levels and limit prescribed forest burning in subsequent years to achieve equal annual incremental reductions so as to achieve the December 31, 2000, target level. If, as a result of the program established in this section, the emission reductions are met in 1994, but are not met by December 31, 2000, the department of natural resources in consultation with the department of ecology shall immediately limit prescribed forest burning to reduce emissions from such burning to the December 31, 2000, target level in all subsequent years.

Sec. 404. RCW 70.94.660 and 1971 ex.s. c 232 s 2 are each amended to read as follows:

(1) The department of natural resources shall have the responsibility for issuing and regulating burning permits required by it relating to the following activities ((~~declared to be~~)) for the protection of life or property and/or ((in)) for the public health, safety, and welfare:

((~~(1)~~)) (a) Abating a forest fire hazard;

((~~(2)~~)) (b) Prevention of a fire hazard;

((~~(3)~~)) (c) Instruction of public officials in methods of forest fire fighting; and

((~~(4)~~)) (d) Any silvicultural operation to improve the forest lands of the state.

(2) The department of natural resources shall not retain such authority, but it shall be the responsibility of the department of ecology or the appropriate local authority for permitting and regulating outdoor burning on unimproved lands where the department of natural resources does not have fire protection responsibility for such lands.

(3) Permit fees shall be assessed for silvicultural and related burning under the jurisdiction of the department of natural resources and shall be set by rule and collected by the department of natural resources at the time the permit as provided for in this section is issued. All fees shall be deposited in the air pollution control account, created in section 227 of this act. The amount collected by these permit fees or as much of such fees as the legislature deems necessary shall be appropriated to the departments of natural resources and ecology for the purposes of enforcing and administering the provisions of this chapter related to such burning. Fees shall be set by rule by the department of natural resources at the level necessary to cover the costs of administering and enforcing the permit program and providing funds for research into alternatives to burning. Exemption from permit fees shall be provided for landholders who employ laid off timber workers in slash reduction, utilization, and nonburning slash disposal activities.

Sec. 405. RCW 70.94.670 and 1971 ex.s. c 232 s 3 are each amended to read as follows:

The department of natural resources in granting burning permits for fires for the purposes set forth in RCW 70.94.660 shall condition the issuance and use of such permits to comply with air quality standards established by the department of ecology after full consultation with the department of natural resources. Such burning shall not cause the state air quality standards ((~~for suspended particulate matter~~)) to be exceeded in the ambient air up to two thousand feet above ground level over critical areas designated by the department of ecology, otherwise subject to air pollution from other sources. Air quality standards ((~~for suspended particulate matter~~)) shall be established and published by the department of ecology which shall also establish a procedure for advising the department of natural resources when and where the air exceeds or threatens to exceed the ambient air standards over such critical areas. The ((~~suspended particulate matter~~)) air quality shall be quantitatively measured by the department of ecology or the appropriate local air pollution control authority at established ((~~primary air mass stations or primary ground level~~)) monitoring stations over such designated areas. Further, such permitted burning shall not cause damage to public health or the environment, or unreasonably interfere with enjoyment of property or natural resources of the state. All permits issued under this section shall be subject to all applicable fees, permitting, penalty, and enforcement provisions of this chapter. The department of natural resources shall set forth smoke dispersal objectives designed consistent with this section to minimize any air pollution ((~~from smoke~~)) from such burning and the procedures necessary to meet those objectives.

The department of natural resources shall aggressively encourage more intense utilization in logging and alternative silviculture practices to reduce ((~~forest fire hazards and shall encourage development and use of procedures and equipment to burn forest debris in a manner that will produce less smoke~~)) the need for burning. The department of natural resources shall, whenever practical, ((~~encourage~~)) require development and use of alternative acceptable disposal methods subject to the following priorities: (1) slash production minimization, (2) slash utilization, (3) nonburning disposal, (4) slash burning. Such alternative methods shall be evaluated as to the relative impact on air, water, and land pollution, public health, and their financial feasibility.

The department of natural resources shall not issue burning permits and shall revoke previously issued permits at any time in any area where the department of ecology or local board has declared a stage of impaired air quality as defined in RCW 70.94.473.

Sec. 406. RCW 70.94.690 and 1971 ex.s. c 232 s 5 are each amended to read as follows:

In the regulation of outdoor burning not included in RCW 70.94.660 requiring permits from the department of natural resources, said department and the state, local, or regional air pollution control authorities will cooperate in regulating such burning so as to minimize insofar as possible duplicate inspections and separate permits while still accomplishing the objectives and responsibilities of the respective agencies.

Permits shall be withheld by the department of natural resources when so requested by the department of ecology if a forecast, alert, warning, or emergency condition exists as defined in the episode criteria of the department of ecology.

NEW SECTION. Sec. 407. A new section is added to chapter 70.94 RCW to read as follows:

Nothing contained in this chapter shall prohibit Indian ceremonial fires or the sending of smoke signals if part of a religious ritual. Permits issued for burning under this section shall be drafted to minimize emissions including denial of permission to burn during periods of adverse meteorological conditions.

Sec. 408. RCW 70.94.650 and 1971 ex.s. c 232 s 1 are each amended to read as follows:

(1) Any person who proposes to set fires in the course of ((~~the following:~~

~~(1)~~)) (a) weed abatement,

((~~(2)~~)) (b) instruction in methods of fire fighting (except forest fires), or

((~~(3) Disease prevention relating to~~)) (c) agricultural activities, shall, prior to carrying out the same, obtain a permit from an air pollution control authority or the department of ecology, as appropriate. Each such authority and the department of ecology shall, by rule or ordinance, establish a permit system to carry out the provisions of this section except as provided in RCW 70.94.660. General criteria of state-wide applicability for ruling on such permits shall be established by the department, by rule ((~~or regulation~~)), after consultation with the various air pollution control authorities. Permits shall be issued under this section based on seasonal operations or by individual operations, or both((~~: PROVIDED, That~~)). All permits so issued shall be conditioned to insure that the public interest in air, water, and land pollution and safety to life and property is fully considered. In addition to any other requirements established by the department to protect air quality pursuant to other laws, applicants for permits must show that the setting of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to successfully carry out the enterprise in which the applicant is engaged ((in)), or both. All burning permits will be designed to minimize air pollution insofar as practical. Nothing in this section shall relieve the applicant from obtaining permits, licenses, or other approvals required by any other law((~~: PROVIDED FURTHER, That~~)). An application for a permit to set fires in the course of agricultural burning for controlling diseases, insects, ((~~and~~)) or development of physiological conditions conducive to increased crop yield, shall be ((~~granted~~)) acted upon within fourteen days from the date such application is filed((: PROVIDED, That nothing herein shall prevent a householder from setting fire in the course of burning leaves, clippings or trash when otherwise permitted locally. Nothing contained herein shall prohibit Indian campfires or the sending of smoke signals if part of a religious ritual)).

(2) Permit fees shall be assessed for outdoor burning under this section and shall be collected by the department of ecology or the appropriate local air authority at the time the permit is issued. All fees collected shall be deposited in the air pollution control account created in section 227 of this act. Fees shall be set by rule by the permitting authority at the level necessary to cover the costs of administering and enforcing the permit programs, to provide funds for research into alternative methods to reduce emissions from such burning, and to the extent possible be consistent with fees charged for such burning permits in neighboring states.

(3) Conservation districts and agricultural extension agents in conjunction with the department shall develop public education material for the agricultural community identifying the health and environmental affects of agricultural outdoor burning and providing technical assistance in alternatives to agricultural outdoor burning.

Sec. 409. RCW 70.94.654 and 1973 1st ex.s. c 193 s 6 are each amended to read as follows:

Whenever the department of ecology shall find that any county or conservation district which is outside the jurisdictional boundaries of an activated air pollution control authority is capable of effectively administering the issuance and enforcement of permits for any or all of the kinds of burning identified in RCW 70.94.650 ((~~(1) and (3)~~)) and desirous of doing so, the department of ecology may delegate ((~~all~~)) powers necessary for the issuance ((~~and~~)) or enforcement, or both, of permits for any or all of the kinds of burning to the county((~~: PROVIDED, That~~)) or conservation district. Such delegation may be withdrawn by the department of ecology upon ((a)) its finding that the county or conservation district is not effectively administering the permit program.

Sec. 410. RCW 70.94.775 and 1974 ex.s. c 164 s 1 are each amended to read as follows:

No person shall cause or allow any outdoor fire:

(1) Containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, or any substance other than natural vegetation ((~~which~~)) that normally emits dense smoke or obnoxious odors ((~~except as provided in RCW 70.94.650: PROVIDED, That~~)). Agricultural heating devices ((~~which~~)) that otherwise meet the requirements of this chapter shall not be considered outdoor fires under this section;

(2) During a forecast, alert, warning or emergency condition as defined in RCW 70.94.715 or impaired air quality condition as defined in RCW 70.94.473;

(3) In any area which has been designated by the department of ecology or board of an activated authority as an area exceeding or threatening to exceed state or federal ambient air quality standards((~~, or after July 1, 1976, state ambient air quality goals for particulates~~)), except instructional fires permitted by RCW 70.94.650(2).

Sec. 411. RCW 70.94.780 and 1973 1st ex.s. c 193 s 10 are each amended to read as follows:

In addition to any other powers granted to them by law, the fire protection agency, county, or conservation district authorized to issue burning permits ((~~may~~)) shall regulate or prohibit outdoor burning in order to prevent or abate the nuisances caused by such burning. No fire protection agency, county, or conservation district may issue a burning permit in an area where the department or local board has declared any stage of impaired air quality per RCW 70.94.473 or any stage of an air pollution episode. All burning permits issued shall be subject to all applicable fee, permitting, penalty, and enforcement provisions of this chapter. The permitted burning shall not cause damage to public health or the environment, or unreasonably interfere with enjoyment of property or the natural resources of the state.

Sec. 412. RCW 70.94.750 and 1972 ex.s. c 136 s 3 are each amended to read as follows:

The following outdoor fires described in this section may be burned subject to the provisions of ((~~the program established pursuant to RCW 70.94.755 for any area~~)) this chapter and also subject to city ordinances, county resolutions, ((~~and~~)) rules ((~~and regulations~~)) of fire districts and laws, and rules ((~~and regulations~~)) enforced by the department of natural resources:

(1) Fires consisting of leaves, clippings, prunings and other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling and burned on such lands by the property owner or his or her designee.

(2) Fires consisting of residue of a natural character such as trees, stumps, shrubbery or other natural vegetation arising from land clearing projects or agricultural pursuits for pest or disease control; provided the fires described in this subsection may be prohibited in those areas having a general population density of one thousand or more persons per square mile.

WOODSTOVES AND FIREPLACES

Sec. 501. RCW 70.94.457 and 1987 c 405 s 4 are each amended to read as follows:

((~~Before January 1, 1988,~~)) The department of ecology shall establish by rule under chapter 34.05 RCW:

(1) State-wide emission performance standards for new wood stoves. Notwithstanding any other provision of this chapter which allows an authority to adopt more stringent emission standards, no authority shall adopt any emission standard for new wood stoves other than the state-wide standard adopted by the department under this section.

(a) ((For new wood stoves sold after July 1, 1988, the state-wide performance standard, by rule, shall be the equivalent of and consistent with state-wide emission standards in effect in bordering states on or before January 1, 1987. For solid fuel burning devices for which bordering states have not established emission standards, the department may temporarily exempt or establish, by rule, state-wide standards including emission levels and test procedures for such devices and such emission levels and test procedures shall be equivalent to emission levels per pound per hour burned for other new wood stoves regulated by this subsection)) After January 1, 1995, no solid fuel burning device shall be offered for sale that has particulate air contaminant emissions exceeding two grams per hour and after January 1, 2000, no device shall exceed a particulate emissions level of 0.5 grams per hour.

(b) Notwithstanding (a) of this subsection, the department is authorized to adopt, by rule, emission standards adopted by the United States environmental protection agency for new wood stoves sold at retail. For solid fuel burning devices for which the United States environmental protection agency has not established emission standards, the department may ((~~temporarily~~)) exempt or establish, by rule, state-wide standards including emission levels and test procedures for such devices and such emission levels and test procedures shall be equivalent to emission levels per pound per hour burned for other new wood stoves regulated under this subsection.

(2) A program to:

(a) Determine whether a new wood stove complies with the state-wide emission performance standards established in subsection (1) of this section; and

(b) Approve the sale of stoves that comply with the state-wide emission performance standards.

Sec. 502. RCW 70.94.470 and 1987 c 405 s 5 are each amended to read as follows:

(1) ((~~Before January 1, 1988,~~)) The department shall establish, by rule under chapter 34.05 RCW, ((~~state-wide opacity levels for residential solid fuel burning devices as follows:~~

~~(a) A state-wide opacity level of twenty percent for the purpose of public education;~~

~~(b) Until July 1, 1990, a state-wide opacity level of forty percent for the purpose of enforcement on a complaint basis; and~~

~~(c) After July 1, 1990, a~~)) (a) state-wide opacity level of twenty percent for residential solid fuel burning devices for the purpose of enforcement on a complaint basis and (b) after July 1, 1995, a state-wide opacity of ten percent for purposes of enforcement on a complaint basis.

(2) Notwithstanding any other provision of this chapter which may allow an authority to adopt a more stringent opacity level, no authority shall adopt or enforce an opacity level((:

~~(a) Lower than forty percent until July 1, 1990; and~~

~~(b)~~)) lower than twenty percent after July 1, 1990, or lower than ten percent after July 1, 1995.

NEW SECTION. Sec. 503. A new section is added to chapter 70.94 RCW to read as follows:

After January 1, 1992, no used solid fuel burning device shall be offered for sale or sold except for scrap unless such device is either Oregon department of environmental quality phase II or United States environmental protection agency certified or a pellet stove either certified or exempt from certification by the United States environmental protection agency.

Sec. 504. RCW 70.94.473 and 1990 c 128 s 2 are each amended to read as follows:

(1) Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:

(a) Not burn wood in any solid fuel burning device whenever the department has determined under RCW 70.94.715 that any air pollution episode exists in that area;

(b) Not burn wood in any solid fuel burning device except those which ((~~meet the standards set forth in RCW 70.94.457,~~)) are either Oregon department of environmental quality phase II or United States environmental protection agency certified or a pellet stove either certified or issued an exemption certificate by the United States environmental protection agency in accordance with Title 40, Part 60 of the code of federal regulations, in the geographical area and for the period of time that a first stage of impaired air quality has been determined, by the department or any authority, for that area. A first stage of impaired air quality is reached when particulates ten microns and smaller in diameter are at an ambient level of seventy-five micrograms per cubic meter measured on a twenty-four hour average or when carbon monoxide is at an ambient level of eight parts of contaminant per million parts of air by volume measured on an eight-hour average; and

(c) Not burn wood in any solid fuel burning device, including those which meet the standards set forth in RCW 70.94.457, in a geographical area and for the period of time that a second stage of impaired air quality has been determined by the department or any authority, for that area. A second stage of impaired air quality is reached when particulates ten microns and smaller in diameter are at an ambient level of one hundred five micrograms per cubic meter measured on a twenty-four hour average.

(2) ((~~When~~)) If a local air authority exercises the limitation on solid fuel burning devices specified under RCW 70.94.477(2), a single stage of impaired air quality applies in the geographical area defined by the authority in accordance with RCW 70.94.477(2) and is reached when particulates ten microns and smaller in diameter are at an ambient level of ninety micrograms per cubic meter measured on a twenty-four hour average or when carbon monoxide is at an ambient level of eight parts of contaminant per million parts of air by volume measured on an eight-hour average.

((~~When~~)) If this single stage of impaired air quality is reached, no person in a residence or commercial establishment ((~~which~~)) that has an adequate source of heat without burning wood shall burn wood in any solid fuel burning device, including those which meet the standards set forth in RCW 70.94.457.

Sec. 505. RCW 70.94.483 and 1990 c 128 s 5 are each amended to read as follows:

(1) The wood stove education and enforcement account is hereby created in the general fund. Money placed in the account shall include all money received under subsection (2) of this section and any other money appropriated by the legislature. Money in the account shall be spent for the purposes of the wood stove education program established under RCW 70.94.480 and for enforcement of the wood stove program, and shall be subject to legislative appropriation.

(2) The department of ecology, with the advice of the advisory committee, shall set a flat fee((~~, not to exceed fifteen~~)) of thirty dollars, on the retail sale, as defined in RCW 82.04.050, of each solid fuel burning device, excepting masonry fireplaces, after January 1, ((~~1988~~)) 1992. The fee shall be imposed upon the consumer and shall not be subject to the retail sales tax provisions of chapters 82.08 and 82.12 RCW. The fee may be adjusted annually above ((~~fifteen~~)) thirty dollars ((~~according to changes in the consumer price index after January 1, 1989~~)) to account for inflation as determined by the state office of the economic and revenue forecast council. The fee shall be collected by the department of revenue in conjunction with the retail sales tax under chapter 82.08 RCW. If the seller fails to collect the fee herein imposed or fails to remit the fee to the department of revenue in the manner prescribed in chapter 82.08 RCW, the seller shall be personally liable to the state for the amount of the fee. The collection provisions of chapter 82.32 RCW shall apply. The department of revenue shall deposit fees collected under this section in the wood stove education and enforcement account.

Sec. 506. RCW 70.94.041 and 1983 c 3 s 175 are each amended to read as follows:

Except as otherwise provided in this section, any building or structure listed on the national register of historic sites, structures, or buildings established pursuant to 80 Stat. 915, 16 U.S.C. Sec. 470a, or on the state register established pursuant to RCW ((~~43.51A.080~~)) 27.34.220, shall be permitted to burn wood as it would have when it was a functioning facility as an authorized exception to the provisions of this chapter. Such burning of wood shall not be exempted from the provisions of RCW 70.94.710 through 70.94.730.

VI.

GLOBAL WARMING AND OZONE DEPLETION

NEW SECTION. Sec. 601. The legislature finds that:

(1) The release of chlorofluorocarbons and other ozone-depleting chemicals into the atmosphere contributes to the destruction of stratospheric ozone and threatens plant and animal life with harmful overexposure to ultraviolet radiation;

(2) The technology and equipment to extract and recover chlorofluorocarbons and other ozone-depleting chemicals from air conditioners, refrigerators, and other appliances are available;

(3) A number of nonessential consumer products contain ozone-depleting chemicals; and

(4) Unnecessary releases of chlorofluorocarbons and other ozone-depleting chemicals from these sources should be eliminated.

NEW SECTION. Sec. 602. A new section is added to chapter 70.94 RCW to read as follows:

(1) Regulated refrigerant means a class I substance as listed in Title VI of section 602 of the federal clean air act amendments of November 15, 1990.

(2) A person who services or repairs or disposes of a motor vehicle air conditioning system; commercial or industrial air conditioning, heating, or refrigeration system; or consumer appliance shall use refrigerant extraction equipment to recover regulated refrigerant that would otherwise be released into the atmosphere. This subsection does not apply to off-road commercial equipment.

(3) The willful release of regulated refrigerant from a source listed in subsection (2) of this section is prohibited.

NEW SECTION. Sec. 603. A new section is added to chapter 70.94 RCW to read as follows:

No person may sell, offer for sale, or purchase any of the following:

(1) A regulated refrigerant in a container designed for consumer recharge of a motor vehicle air conditioning system or consumer appliance during repair or service. This subsection does not apply to a regulated refrigerant purchased for the recharge of the air conditioning system of off-road commercial equipment and sold or offered for sale at an establishment which specializes in the sale of off-road commercial equipment or parts or service for such equipment;

(2) A cleaning spray designed for noncommercial or nonindustrial cleaning of electronic or photographic equipment that contains chlorofluorocarbons or other ozone-depleting chemicals; and

(3) Nonessential consumer products that contain chlorofluorocarbons or other ozone-depleting chemicals, and for which substitutes are readily available. Products affected under this subsection shall include, but are not limited to, party streamers, tire inflators, air horns, and noise makers.

NEW SECTION. Sec. 604. A new section is added to chapter 70.94 RCW to read as follows:

The department shall adopt rules to implement sections 602 and 603 of this act. Rules shall include but not be limited to minimum performance specifications for refrigerant extraction equipment, as well as procedures for enforcing sections 602 and 603 of this act.

VII.

MISCELLANEOUS SECTIONS

Sec. 701. RCW 70.94.053 and 1987 c 505 s 60 and 1987 c 109 s 34 are each reenacted and amended to read as follows:

(1) In each county of the state there is hereby created an air pollution control authority, which shall bear the name of the county within which it is located. The boundaries of each authority shall be coextensive with the boundaries of the county within which it is located. An authority shall include all incorporated and unincorporated areas of the county within which it is located.

(2) All authorities which are presently ((~~or may hereafter be within counties of the first class, class A or class AA, are hereby designated as~~)) activated authorities ((~~and~~)) shall carry out the duties and exercise the powers provided in this chapter. Those activated authorities ((~~hereby activated~~)) which encompass contiguous counties ((~~located in one or the other of the two major areas determined in RCW 70.94.011~~)) are declared to be and directed to function as a multicounty authority.

(3) Except as provided in RCW 70.94.232, all other air pollution control authorities are hereby designated as inactive authorities.

(4) The boards of those authorities designated as activated authorities by this chapter shall be comprised of such appointees and/or county commissioners or other officers as is provided in RCW 70.94.100. ((~~The first meeting of the boards of those authorities designated as activated authorities by this chapter shall be on or before sixty days after June 8, 1967.~~

~~(5) The department is directed to conduct the necessary evaluations and delineate appropriate air pollution regions throughout the state, taking into consideration:~~

~~(a) The natural climatic and topographic features affecting the potential for buildup of air contaminant concentrations.~~

~~(b) The degree of urbanization and industrialization and the existence of activities which are likely to cause air pollution.~~

~~(c) The county boundaries as related to the air pollution regions and the practicality of administering air pollution control programs.~~))

Sec. 702. RCW 70.94.055 and 1967 c 238 s 5 are each amended to read as follows:

The board of county commissioners of any county ((~~other than a first class, class A or class AA county~~)) may activate an air pollution control authority following a public hearing on its own motion, or upon a filing of a petition signed by one hundred property owners within the county. If the board of county commissioners determines as a result of the public hearing that:

(1) Air pollution exists or is likely to occur; and

(2) The city or town ordinances, or county resolutions, or their enforcement, are inadequate to prevent or control air pollution, they ((~~shall~~)) may by resolution activate an air pollution control authority or combine with a contiguous county or counties to form a multicounty air pollution control authority.

Sec. 703. RCW 70.94.092 and 1975 1st ex.s. c 106 s 1 are each amended to read as follows:

Notwithstanding the provisions of RCW 1.16.030, the budget year of each activated authority shall be the fiscal year beginning July 1st and ending on the following June 30th. ((~~The current budget year shall be terminated June 30, 1975, and a budget for the fiscal year beginning July 1, 1975, shall be adopted pursuant to this section as now or hereafter amended.~~)) On or before the fourth Monday in June of each year, each activated authority shall adopt a budget for the following fiscal year. The activated authority budget shall contain adequate funding and provide for staff sufficient to carry out the provisions of all applicable ordinances, resolutions, and local regulations related to the reduction, prevention, and control of air pollution. The legislature acknowledges the need for the state to provide reasonable funding to local authorities to carry out the requirements of this chapter. The budget shall contain an estimate of all revenues to be collected during the following budget year, including any surplus funds remaining unexpended from the preceding year. The remaining funds required to meet budget expenditures, if any, shall be designated as "supplemental income" and shall be obtained from the component cities, towns, and counties in the manner provided in this chapter. The affirmative vote of three-fourths of all members of the board shall be required to authorize emergency expenditures.

Sec. 704. RCW 70.94.100 and 1989 c 150 s 1 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 ((~~as hereinafter provided~~)), 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 ((or)), three, four, or five counties, the board shall be comprised of one appointee ((~~of the city selection committee of~~)) from each county ((~~as hereinafter provided~~)), 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 four or five counties, the board shall be comprised of one appointee of the city selection committee of each county as hereinafter provided who shall represent the city having the most population in such county, 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 ((~~one~~)) three appointees, one each from ((~~each city with over one hundred thousand population~~)) 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. ((~~All board members shall hold office at the pleasure of the appointing body.~~))

(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 review. 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.

Sec. 705. RCW 70.94.130 and 1969 ex.s. c 168 s 15 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 a ((~~chairman~~)) 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. Each member of the board, or his or her representative, shall receive from the authority ((~~twenty-five dollars per day~~)) compensation consistent with such authority's rates (but not to exceed one thousand dollars per year) for ((~~each full day~~)) time spent in the performance of ((~~his~~)) duties under this chapter, plus the actual and necessary expenses incurred by ((~~him~~)) the member in such performance. The board may appoint ((~~an executive director~~)) 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. 706. RCW 70.94.170 and 1969 ex.s. c 168 s 21 are each amended to read as follows:

Any activated authority which has adopted an ordinance, resolution, or valid rules and regulations as provided herein for the control and prevention of air pollution shall appoint a full time control officer, ((~~who~~)) whose sole responsibility shall be to observe and enforce the provisions of this chapter and all orders, ordinances, resolutions, or rules and regulations of such activated authority pertaining to the control and prevention of air pollution.

Sec. 707. RCW 70.94.231 and 1969 ex.s. c 168 s 29 are each amended to read as follows:

Upon the date that an authority begins to exercise its powers and functions, all ((districts formed as a district under chapter 70.94 RCW prior to June 8, 1967 which previously were wholly or partially composed of one or more cities or towns located within such activated authority shall be considered to be dissolved but its)) rules and regulations in force on such date shall remain in effect until superseded by the rules and regulations of the authority as provided in RCW 70.94.230. ((~~In such event, the board of any such district shall proceed to wind up the affairs of the district in the same manner as if the district were dissolved as provided in RCW 70.94.260.~~))

Sec. 708. RCW 70.94.240 and 1969 ex.s. c 168 s 30 are each amended to read as follows:

The board of any authority ((~~shall~~)) may appoint an air pollution control advisory council to advise and consult with such board, and the control officer in effectuating the purposes of this chapter. The council shall consist of at least five appointed members who are residents of the authority and who are preferably skilled and experienced in the field of air pollution control, ((~~two~~)) chemistry, meteorology, public health, or a related field, at least one of whom shall serve as a representative((s)) of industry and one of whom shall serve as a representative of the environmental community. The ((~~chairman~~)) chair of the board of any such authority shall serve as ex officio member of the council and be its ((~~chairman~~)) chair. Each member of the council shall receive from the authority per diem and travel expenses in an amount not to exceed that provided for the state board in this chapter (but not to exceed one thousand dollars per year) for each full day spent in the performance of his or her duties under this chapter.

Sec. 709. RCW 70.94.331 and 1988 c 106 s 1 are each amended to read as follows:

(1) The department shall have all the powers as provided in RCW 70.94.141.

(2) The department, in addition to any other powers vested in it by law after consideration at a public hearing held in accordance with chapters 42.30 ((~~RCW~~)) and ((~~chapter~~)) 34.05 RCW shall:

(a) Adopt rules ((~~and regulations~~)) establishing air quality objectives and air quality standards;

(b) Adopt emission standards which shall constitute minimum emission standards throughout the state. An authority may enact more stringent emission standards, except for emission performance standards for new wood stoves and opacity levels for residential solid fuel burning devices which shall be state-wide, but in no event may less stringent standards be enacted by an authority without the prior approval of the department after public hearing and due notice to interested parties;

(c) Adopt by rule ((~~and regulation~~)) air quality standards and emission standards for the control or prohibition of emissions to the outdoor atmosphere of radionuclides, dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, or any combination thereof. Such requirements may be based upon a system of classification by types of emissions or types of sources of emissions, or combinations thereof, which it determines most feasible for the purposes of this chapter. However, an industry, or the air pollution control authority having jurisdiction, can choose, subject to the submittal of appropriate data that the industry has quantified, to have any limit on the opacity of emissions from a source whose emission standard is stated in terms of a weight of particulate per unit volume of air (e.g., grains per dry standard cubic foot) be based on the applicable particulate emission standard for that source, such that any violation of the opacity limit accurately indicates a violation of the applicable particulate emission standard. A reasonable fee may be assessed to the industry to which the alternate opacity standard would apply. The fee shall cover only those costs to the air pollution control authority which are directly related to the determination on the acceptability of the alternate opacity standard, including testing, oversight and review of data.

(3) The air quality standards and emission standards may be for the state as a whole or may vary from area to area or source to source, except that emission performance standards for new wood stoves and opacity levels for residential solid fuel burning devices shall be state-wide, as may be appropriate to facilitate the accomplishment of the objectives of this chapter and to take necessary or desirable account of varying local conditions of population concentration, the existence of actual or ((~~reasonable~~)) reasonably foreseeable air pollution, topographic and meteorologic conditions and other pertinent variables.

(4) The department is directed to cooperate with the appropriate agencies of the United States or other states or any interstate agencies or international agencies with respect to the control of air pollution and air contamination, or for the formulation for the submission to the legislature of interstate air pollution control compacts or agreements.

(5) The department is directed to conduct or cause to be conducted a continuous surveillance program to monitor the quality of the ambient atmosphere as to concentrations and movements of air contaminants and conduct or cause to be conducted a program to determine the quantity of emissions to the atmosphere.

(6) The department shall enforce the air quality standards and emission standards throughout the state except where a local authority is enforcing the state regulations or its own regulations which are more stringent than those of the state.

(7) The department shall encourage local units of government to handle air pollution problems within their respective jurisdictions; and, on a cooperative basis provide technical and consultative assistance therefor.

(8) The department shall have the power to require the addition to or deletion of a county or counties from an existing authority in order to carry out the purposes of this chapter((~~: PROVIDED, HOWEVER, That~~)). No such addition or deletion shall be made without the concurrence of any existing authority involved. Such action shall only be taken after a public hearing held pursuant to the provisions of chapter 34.05 RCW.

Sec. 710. RCW 70.94.332 and 1987 c 109 s 18 are each amended to read as follows:

Whenever the department of ecology has reason to believe that any provision of this chapter or any rule or regulation adopted by it or being enforced by it under RCW 70.94.410 relating to the control or prevention of air pollution has been violated, it may cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may include an order that necessary corrective action be taken within a reasonable time. In lieu of an order, the department may require that the alleged violator or violators appear before it for the purpose of providing the department information pertaining to the violation or the charges complained of. In addition to or in place of an order or hearing, the department may initiate action pursuant to RCW 70.94.425, 70.94.430, 70.94.431, and 70.94.435.

Sec. 711. RCW 70.94.385 and 1987 c 109 s 41 are each amended to read as follows:

(1) Any authority may apply to the department for state financial aid. The department shall ((~~by rule and regulation~~)) annually establish the ((~~ratio~~)) amount of state funds ((to)) available for the local ((~~funds~~)) authorities taking into consideration available federal and state funds. The establishment of funding amounts shall be consistent with federal requirements and local maintenance of effort necessary to carry out the provisions of this chapter. Any such aid shall be expended from the general fund or from ((~~such~~)) other appropriations as the legislature may provide for this purpose: PROVIDED, That federal funds shall be utilized to the maximum unless otherwise approved by the department: PROVIDED FURTHER, That the ((~~ratio~~)) amount of state funds provided to local ((~~funds of~~)) authorities during the previous year shall not be ((~~changed~~)) reduced without a public notice or hearing if requested by the affected local authority, held by the department unless such changes are the direct result of federal regulation.

(2) Before any such application is approved and financial aid is given or approved by the department, the authority shall demonstrate to the satisfaction of the department that it is fulfilling the requirements of ((~~RCW 70.94.380, or,~~)) this chapter. If the department has not adopted ambient air quality standards and objectives as permitted by RCW 70.94.331, the authority shall demonstrate to the satisfaction of the department that it is acting in good faith and doing all that is possible and reasonable to control and prevent air pollution within its jurisdictional boundaries and to carry out the purposes of this chapter.

(3) The department shall adopt rules ((~~and regulations~~)) requiring the submission of such information by each authority including the submission of its proposed budget and a description of its program in support of the application for state financial aid as necessary to enable the department to determine the need for state aid.

Sec. 712. RCW 70.94.395 and 1987 c 109 s 43 are each amended to read as follows:

If the department finds, after public hearing upon due notice to all interested parties, that the emissions from a particular type or class of air contaminant source should be regulated on a state-wide basis in the public interest and for the protection of the welfare of the citizens of the state, it may adopt and enforce rules ((~~and regulations~~)) to control and/or prevent the emission of air contaminants from such source((~~: PROVIDED, That~~)). An authority may, after public hearing and a finding by the board of a need for more stringent rules ((~~and regulations~~)) than those adopted by the department under this section, propose the adoption of such rules ((~~and regulations~~)) by the department for the control of emissions from the particular type or class ((or)) of air contaminant source within the geographical area of the authority. The department shall hold a public hearing and shall adopt the proposed rules ((~~and regulations~~)) within the area of the requesting authority, unless it finds that the proposed rules ((~~and regulations~~)) are inconsistent with the rules ((~~and regulations~~)) adopted by the department under this section((~~: PROVIDED, FURTHER, That~~)). When such standards are adopted by the department it ((~~shall~~)) may delegate to the authority all powers necessary for their enforcement at the request of the authority((~~: PROVIDED, That~~)). The department may delegate the responsibility for the enforcement of ((~~such~~)) rules ((~~and regulations~~)) adopted under this section to any authority which it deems capable of enforcing such ((~~regulations: PROVIDED FURTHER, That~~)) rules. If after public hearing the department finds that the regulation on a state-wide basis of a particular type ((of)) or class of air contaminant source is no longer required for the public interest and the protection of the welfare of the citizens of the state, the department may relinquish exclusive jurisdiction over such source.

Sec. 713. RCW 70.94.405 and 1987 c 109 s 45 are each amended to read as follows:

At any time after an authority has been activated for no less than one year, the department may, on its own motion, conduct a hearing held in accordance with chapters 42.30 ((~~RCW~~)) and ((~~chapter~~)) 34.05 RCW, ((~~as now or hereafter amended~~)) to determine whether or not the air pollution prevention and control program of such authority is being carried out in good faith and is as effective as possible ((~~under the circumstances~~)). If at such hearing the department finds that such authority is not carrying out its air pollution control or prevention program in good faith, ((or)) is not doing all that is possible and reasonable to control and/or prevent air pollution within the geographical area over which it has jurisdiction, or is not carrying out the provisions of this chapter, it shall set forth in a report or order to the appropriate authority: (1) Its recommendations as to how air pollution prevention and/or control might be more effectively accomplished; and (2) guidelines which will assist the authority in carrying out the recommendations of the department.

Sec. 714. RCW 70.94.410 and 1987 c 109 s 46 are each amended to read as follows:

(1) If, after thirty days from the time that the department issues a report or order to an authority under RCW 70.94.400 and 70.94.405, such authority has not taken ((~~any~~)) action which indicates that it is attempting in good faith to implement the recommendations or actions of the department as set forth in the report or order, the department may, by order, declare as null and void any or all ordinances, resolutions, rules or regulations of such authority relating to the control and/or prevention of air pollution, and at such time the department shall become the sole body with authority to make and enforce rules and regulations for the control and/or prevention of air pollution within the geographical area of such authority. In this connection the department may assume all those powers which are given to it by law to effectuate the purposes of this chapter. The department may, by order, continue in effect and enforce ((~~those~~)) provisions of the ordinances, resolutions, or rules ((~~and regulations~~)) of such authority which are not less stringent than those requirements which the department may have found applicable to the area under RCW 70.94.331, until such time as the department adopts its own rules ((~~and regulations~~)). Any rules ((~~and regulations~~)) promulgated by the department shall be subject to the provisions of chapter 34.05 RCW ((~~as it now appears or may hereinafter be amended~~)). Any enforcement actions shall be subject to RCW 43.21B.300 or 43.21B.310.

(2) No provision of this chapter is intended to prohibit any authority from reestablishing its air pollution control program which meets with the approval of the department and which complies with the purposes of this chapter and with applicable rules ((~~and regulations~~)) and orders of the department.

(3) Nothing in this chapter shall prevent the department from withdrawing the exercise of its jurisdiction over an authority upon its own motion((~~: PROVIDED, That~~)) if the department has found at a hearing held in accordance with chapters 42.30 ((~~RCW~~)) and ((~~chapter~~)) 34.05 RCW ((~~as now or hereafter amended~~)), that the air pollution prevention and control program of such authority will be carried out in good faith ((or)), that such program will do all that is possible and reasonable to control and/or prevent air pollution within the geographical area over which it has jurisdiction, and that the program complies with the provisions of this chapter. Upon the withdrawal of the department, the department shall prescribe certain recommendations as to how air pollution prevention and/or control is to be effectively accomplished and guidelines which will assist the authority in carrying out the recommendations of the department.

Sec. 715. RCW 70.94.420 and 1987 c 109 s 47 are each amended to read as follows:

((~~(1)~~)) It is declared to be the intent of the legislature of the state of Washington that any state department or agency having jurisdiction over any building, installation, ((or)) other property, or other activity creating or likely to create significant air pollution shall cooperate with the department and with air pollution control agencies in preventing and/or controlling the pollution of the air in any area insofar as the discharge of ((~~the matter~~)) air contaminants from or by such building, installation, ((or)) other property, or activity may cause or contribute to pollution of the air in such area. Such state department or agency shall comply with the provisions of this chapter and with any ordinance, resolution, rule or regulation issued hereunder in the same manner as any other person subject to such laws((,)) or rules ((~~or regulations~~)).

(((2) In addition to its other powers and duties prescribed by law, the department may establish classes of potential pollution sources for which any state department or agency having jurisdiction over any building, installation, or other property, which is not located within the geographical boundaries of any authority which has an air pollution control and/or prevention program in effect, shall, before discharging any matter into the air, obtain a permit from the department for such discharge, such permits to be issued for a specified period of time to be determined by the department and subject to revocation if the department finds that such discharge is endangering the health and welfare of any persons. Such permits may also be required for any such building, installation, or other property which is located within the geographical boundaries of any authority which has an air pollution control and prevention program in effect if the standards set by the department for state departments and agencies are more stringent than those of the authority. In connection with the issuance of any permits under this section, there shall be submitted to the department such plans, specifications, and other information as it deems relevant thereto and under such other conditions as it may prescribe.))

Sec. 716. RCW 70.146.080 and 1986 c 3 s 11 are each amended to read as follows:

Within thirty days after June 30, 1987, and within thirty days after each succeeding fiscal year thereafter, the ((~~state treasurer~~)) office of financial management shall determine the tax receipts deposited into the water quality account for the preceding fiscal year. If the tax receipts deposited into the account in each of the fiscal years 1988 and 1989 are less than forty million dollars, the state treasurer shall transfer sufficient moneys from general state revenues into the water quality account to bring the total receipts in each fiscal year up to forty million dollars.

After June 30, 1989, if the tax receipts deposited into the water quality account for the preceding fiscal year are less than forty‑five million dollars, the state treasurer shall transfer sufficient moneys from general state revenues into the water quality account to bring the total receipts up to forty‑five million dollars.

Beginning in fiscal year 1992, if the tax receipts deposited into the water quality account for the preceding fiscal year are less than forty-five million dollars, the state treasurer shall transfer sufficient moneys from the air pollution control account, created in section 227 of this act to bring the total receipts up to forty-five million dollars. One-fourth of the required amount shall be transferred at the end of each fiscal quarter based on the tax receipts as determined by July 30 for the preceding fiscal year.

NEW SECTION. Sec. 717. A new section is added to chapter 70.94 RCW to read as follows:

All fees and penalties assessed under this chapter except as otherwise provided shall be collected by the department of revenue, and deposited in the air pollution control account, created in section 227 of this act. Money in the account deposited pursuant to this section shall be expended by the department of ecology for the purposes of this chapter, subject to legislative appropriation.

The amounts collected and allocated in accordance with this section shall be expended upon appropriation and in accordance with the following:

Portions of moneys received by the department from the air pollution control account shall be distributed by the department to local air authorities based on the amount of fees collected from sources within the jurisdictional boundaries of such authority and on the level and extent of the air quality problem within such boundaries.

NEW SECTION. Sec. 718. Section 602 of this act shall take effect on July 1, 1992. Section 604 of this act shall take effect on January 1, 1992.

The remainder of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately, except for sections 221 through 228 of this act which shall take effect July 1, 1991.

NEW SECTION. Sec. 719. The following acts or parts of acts are each repealed:

(1) RCW 70.120.110 and 1989 c 240 s 7, 1985 c 7 s 131, & 1979 ex.s. c 163 s 12;

(2) RCW 70.120.140 and 1 c 505 s 62 & 1980 c 176 s 5;

(3) RCW 70.120.900 and 1989 c 240 s 9;

(4) RCW 70.94.232 and 1983 c 3 s 177 & 1967 c 238 s 40;

(5) RCW 70.94.656 and 1990 c 113 s 1, 1985 c 57 s 69, & 1973 1st ex.s. c 193 s 7;

(6) RCW 70.94.680 and 1971 ex.s. c 232 s 4;

(7) RCW 70.94.740 and 1972 ex.s. c 136 s 1;

(8) RCW 70.94.810 and 1984 c 277 s 3;

(9) RCW 70.94.815 and 1984 c 277 s 5;

(10) RCW 70.94.825 and 1984 c 277 s 7; and

(11) RCW 70.94.870 and 1984 c 164 s 3.

NEW SECTION. Sec. 720. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.