1341-S2

AN ACT Relating to watercraft excise tax; amending RCW 82.49.030, 88.12.325, 88.12.355, and 88.12.375; adding a new section to chapter 88.12 RCW; and providing an effective date.

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

Sec. 1. RCW 82.49.030 and 1991 sp.s. c 16 s 925 are each amended to read as follows:

(1) The excise tax imposed under this chapter is due and payable to the department of licensing or its agents at the time of registration of a vessel. The department of licensing shall not issue or renew a registration for a vessel until the tax is paid in full.

(2) The excise tax collected under this chapter shall be deposited in the general fund.

(3) ((~~For the 1993‑95 fiscal biennium~~)) Beginning July 1, 1996, and for succeeding fiscal years, the watercraft excise tax revenues exceeding ((~~five~~)) nine million dollars in each fiscal year, but not exceeding ((~~six~~)) ten million dollars, ((~~may, subject to appropriation by the legislature,~~)) shall be used for the purposes specified in RCW ((~~88.12.450~~)) 88.12.375 and deposited in the clean and safe boating account created in section 3 of this act.

Sec. 2. RCW 88.12.325 and 1993 c 244 s 33 are each amended to read as follows:

(1) Marinas and boat launches designated as appropriate for installation of a sewage pumpout or dump unit under RCW 88.12.315 shall be eligible for funding support for installation of such facilities from funds specified in RCW 88.12.375. The commission shall notify owners or operators of all designated marinas and boat launches of the designation, and of the availability of funding to support installation of appropriate sewage disposal facilities. The commission shall encourage the owners and operators to apply for available funding.

(2) The commission shall seek to provide the most cost-efficient and accessible facilities possible for reducing the amount of boat waste entering the state's waters. The commission shall consider providing funding support for portable pumpout facilities in this effort.

(3) The commission shall contract with, or enter into an interagency agreement with another state agency to contract with, applicants based on the criteria specified below:

(a)(i) Contracts may be awarded to publicly owned, tribal, or privately owned marinas or boat launches.

(ii) Contracts may provide for state reimbursement to cover eligible costs as deemed reasonable by commission rule. Eligible costs include purchase, installation, or major renovation of the sewage pumpout or dump units, including sewer, water, electrical connections, and those costs attendant to the purchase, installation, and other necessary appurtenances, such as required pier space, as determined by the commission.

(iii) ((Ownership of the sewage pumpout or dump unit will be retained by the state through the commission in privately owned marinas. Ownership of the sewage pumpout or dump unit in publicly owned marinas will be held by the public entity.

~~(iv)~~)) Operation, normal and expected maintenance, and ongoing utility costs will be the responsibility of the contract recipient. The sewage pumpout or dump unit shall be kept in operating condition and available for public use at all times during operating hours of the facility, excluding necessary maintenance periods.

(((v) The contract recipient agrees to allow the installation, existence and use of the sewage pumpout or dump unit by granting an irrevocable license for a minimum of ten years at no cost to the commission.))

(iv) The commission may require that applicants make a matching contribution to be eligible for funding.

(b) Contracts awarded pursuant to (a) of this subsection shall be subject, for a period of at least ten years, to the following conditions:

(i) Any contract recipient entering into a contract under this section must allow the boating public access to the sewage pumpout or dump unit during operating hours.

(ii) The contract recipient must agree to monitor and encourage the use of the sewage pumpout or dump unit, and to cooperate in any related boater environmental education program administered or approved by the commission.

(iii) The contract recipient ((~~must agree not to charge a fee for the use of the sewage pumpout or dump unit~~)) may, without justification, charge a fee not to exceed the maximum amount established by the commission, for use of the sewage pumpout or dump unit. Fees in excess of the maximum amount shall be justified to and approved by the commission in advance. All fee proceeds shall be retained, accounted for, and used by the contract recipient to defray operation and maintenance costs associated with the sewage pumpout or dump unit.

(iv) The contract recipient must agree to arrange and pay a reasonable fee for a periodic inspection of the sewage pumpout or dump unit by the local health department or appropriate authority.

(v) Use of a free sewage pumpout or dump unit by the boating public shall be deemed to be included in the term "outdoor recreation" for the purposes of chapter 4.24 RCW.

Sec. 3. RCW 88.12.355 and 1989 c 393 s 8 are each amended to read as follows:

The commission shall award grants to ((~~local government entities~~)) publicly owned, tribal, or privately owned marinas, boat launches, or boater destinations, and to schools, public agencies, and boating and environmental organizations for boater environmental education or boat waste management planning. Grants shall be allocated according to criteria developed by the commission.

Sec. 4. RCW 88.12.375 and 1993 c 244 s 37 are each amended to read as follows:

The amounts allocated in accordance with RCW 82.49.030(3) shall be expended ((~~upon appropriation~~)) in accordance with the following limitations:

(1) ((~~Thirty~~)) Ten percent of the funds shall be ((~~appropriated to the interagency committee for outdoor recreation and be~~)) expended ((for use by state and local government for public recreational waterway boater access and boater destination sites. Priority shall be given to critical site acquisition. The interagency committee for outdoor recreation shall administer such funds as a competitive grants program. The amounts provided for in this subsection shall be evenly divided between state and local governments)) by the commission for providing navigational aids, buoys, and signs and to support a state-wide program of uniform waterway marking as provided for in RCW 88.12.285.

(2) Thirty percent of the funds shall be expended by the commission exclusively for sewage pumpout or dump units at publicly owned, tribal, and privately owned marinas as provided for in RCW 88.12.315 and 88.12.325.

(3) ((~~Twenty-five~~)) Thirty percent of the funds shall be expended for grants to state agencies and other public entities to enforce boating safety and registration laws and to carry out boating safety programs. The commission shall administer such grant program.

(4) ((~~Fifteen~~)) Thirty percent shall be expended for instructional materials, programs or grants to ((~~the public school system, public entities, or other nonprofit community organizations~~)) publicly owned, tribal, or privately owned marinas, boat launches, or boater destinations, and to schools, public entities, and boating and environmental organizations to support boating safety and boater environmental education or boat waste management planning. A significant amount of the allocation under this subsection shall be expended for boating safety education in the public school system. The commission shall administer this program.

NEW SECTION. Sec. 5. A new section is added to chapter 88.12 RCW to read as follows:

The clean and safe boating account is created in the custody of the state treasurer. Receipts as provided in RCW 82.49.030(3) shall be deposited into the account. Expenditures from the account may be made only after appropriation by the legislature and used only for purposes specified in RCW 88.12.375.

NEW SECTION. Sec. 6. This act shall take effect July 1, 1996.