AN ACT
Relating to department of ecology biennial progress reports; and amending RCW
43.99F.040, 70.146.030, 90.48.465, and 90.50A.030.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.99F.040 and 1987 c 436 s 3 are each amended to read as follows:
The
proceeds from the sale of the bonds deposited in the state and local
improvements revolving account, Waste Disposal Facilities, 1980 of the general
fund under the terms of this chapter shall be administered by the state
department of ecology subject to legislative appropriation. The department may
use or permit the use of any funds derived from the sale of bonds authorized
under this chapter to accomplish the purpose for which the bonds are issued by
direct expenditures and by grants or loans to public bodies, including grants
to public bodies as cost-sharing funds in any case where federal, local, or
other funds are made available on a cost-sharing basis for improvements within
the purposes of this chapter. The department shall ensure that funds derived
from the sale of bonds authorized under this chapter do not constitute more than
seventy-five percent of the total cost of any waste disposal or management
facility. Not more than two percent of the proceeds of the bond issue may be
used by the department of ecology in relation to the administration of the
expenditures, grants, and loans.
At
least one hundred fifty million dollars of the proceeds of the bonds authorized
by this chapter shall be used exclusively for waste management systems capable
of producing renewable energy or energy savings as a result of the management
of the wastes. "Renewable energy" means, but is not limited to, the
production of steam, hot water for steam heat, electricity, cogeneration, gas,
or fuel through the use of wastes by incineration, refuse-derived fuel
processes, pyrolysis, hydrolysis, or bioconversion, and energy savings through
material recovery from waste source separation and/or recycling.
((The
department of ecology shall present a progress report of actual projects
committed by the department to the senate committee on ways and means and the house
of representatives committee on appropriations no later than November 30th of
each year.)) Beginning with the biennium ending June 30, 1997, the
department shall present a biennial progress report on the use of moneys from
the account to the chairs of the senate committee on ways and means and the
house of representatives committee on appropriations. The first report is due
June 30, 1996, and the report for each succeeding biennium is due December 31
of the odd-numbered year. The report shall consist of a list of each
recipient, project description, and amount of the grant, loan, or both.
Integration
of the management and operation of systems for solid waste disposal with
systems of liquid waste disposal holds promise of improved waste disposal efficiency
and greater environmental protection and restoration. To encourage the
planning for and development of such integration, the department may provide
for special grant incentives to public bodies which plan for or operate
integrated waste disposal management systems.
Funds
provided for waste disposal and management facilities under this chapter may be
used for payments to a service provider under a service agreement pursuant to
RCW 70.150.060. If funds are to be used for such payments, the department may
make periodic disbursements to a public body or may make a single lump sum
disbursement. Disbursements of funds with respect to a facility owned or
operated by a service provider shall be equivalent in value to disbursements
that would otherwise be made if that facility were owned or operated by a
public body. Payments under this chapter for waste disposal and management
facilities made to public bodies entering into service agreements pursuant to
RCW 70.150.060 shall not exceed amounts paid to public bodies not entering into
service agreements.
Sec.
2. RCW
70.146.030 and 1995 2nd sp.s. c 18 s 921 are each amended to read as follows:
(1)
The water quality account is hereby created in the state treasury. Moneys in
the account may be used only in a manner consistent with this chapter. Moneys
deposited in the account shall be administered by the department of ecology and
shall be subject to legislative appropriation. Moneys placed in the account
shall include tax receipts as provided in RCW 82.24.027, 82.26.025, and
82.32.390, principal and interest from the repayment of any loans granted
pursuant to this chapter, and any other moneys appropriated to the account by
the legislature.
(2)
The department may use or permit the use of any moneys in the account to make
grants or loans to public bodies, including grants to public bodies as
cost-sharing moneys in any case where federal, local, or other funds are made
available on a cost-sharing basis, for water pollution control facilities and
activities, or for purposes of assisting a public body to obtain an ownership
interest in water pollution control facilities and/or to defray a part of the
payments made by a public body to a service provider under a service agreement
entered into pursuant to RCW 70.150.060, within the purposes of this chapter
and for related administrative expenses. No more than three percent of the
moneys deposited in the account may be used by the department to pay for the
administration of the grant and loan program authorized by this chapter.
(3) ((The
department shall present a progress report each biennium on the use of moneys
from the account to the chairs of the committees on ways and means of the
senate and house of representatives, including one copy to the staff of each of
the committees.)) Beginning with the biennium ending June 30, 1997, the
department shall present a biennial progress report on the use of moneys from
the account to the chairs of the senate committee on ways and means and the
house of representatives committee on appropriations. The first report is due
June 30, 1996, and the report for each succeeding biennium is due December 31
of the odd-numbered year. The report shall consist of a list of each
recipient, project description, and amount of the grant, loan, or both.
(4)
During the fiscal biennium ending June 30, 1997, moneys in the account may be
transferred by the legislature to the water right permit processing account.
Sec.
3. RCW
90.48.465 and 1992 c 174 s 17 are each amended to read as follows:
(1)
The department shall establish annual fees to collect expenses for issuing and
administering each class of permits under RCW 90.48.160, 90.48.162, 90.48.260,
and 70.95J.020 through 70.95J.090. An initial fee schedule shall be
established by rule within one year of March 1, 1989, and thereafter the fee
schedule shall be adjusted no more often than once every two years. This fee
schedule shall apply to all permits, regardless of date of issuance, and fees
shall be assessed prospectively. All fees charged shall be based on factors
relating to the complexity of permit issuance and compliance and may be based
on pollutant loading and toxicity and be designed to encourage recycling and
the reduction of the quantity of pollutants. Fees shall be established in
amounts to fully recover and not to exceed expenses incurred by the department
in processing permit applications and modifications, monitoring and evaluating
compliance with permits, conducting inspections, securing laboratory analysis
of samples taken during inspections, reviewing plans and documents directly
related to operations of permittees, overseeing performance of delegated
pretreatment programs, and supporting the overhead expenses that are directly
related to these activities.
(2)
The annual fee paid by a municipality, as defined in 33 U.S.C. Sec. 1362, for
all domestic wastewater facility permits issued under RCW 90.48.162, 90.48.260,
and 70.95J.020 through 70.95J.090 shall not exceed the total of a maximum of
fifteen cents per month per residence or residential equivalent contributing to
the municipality's wastewater system. The department shall adopt by rule a
schedule of credits for any municipality engaging in a comprehensive monitoring
program beyond the requirements imposed by the department, with the credits
available for five years from March 1, 1989, and with the total amount of all
credits not to exceed fifty thousand dollars in the five-year period.
(3)
The department shall ensure that indirect dischargers do not pay twice for the
administrative expense of a permit. Accordingly, administrative expenses for
permits issued by a municipality under RCW 90.48.165 are not recoverable by the
department.
(4) In
establishing fees, the department shall consider the economic impact of fees on
small dischargers and the economic impact of fees on public entities required
to obtain permits for storm water runoff and shall provide appropriate
adjustments.
(5)
All fees collected under this section shall be deposited in the water quality
permit account hereby created in the state treasury. Moneys in the account may
be appropriated only for purposes of administering permits under RCW 90.48.160,
90.48.162, 90.48.260, and 70.95J.020 through 70.95J.090.
(6) ((The
department shall submit an annual report to the legislature showing detailed
information on fees collected, actual expenses incurred, and anticipated
expenses for the current and following fiscal years.
(7)
The legislative budget committee in 1993 shall review the fees established
under this section and report its findings to the legislature in January 1994)) Beginning
with the biennium ending June 30, 1997, the department shall present a biennial
progress report on the use of moneys from the account to the legislature. The
report will be due December 31 of the odd-numbered year. The report shall
consist of information on fees collected, actual expenses incurred, and
anticipated expenses for the current and following fiscal years.
Sec.
4. RCW
90.50A.030 and 1988 c 284 s 4 are each amended to read as follows:
The
department of ecology shall use the moneys in the water pollution control
revolving fund to provide financial assistance as provided in the water quality
act of 1987:
(1) To
make loans, on the condition that:
(a)
Such loans are made at or below market interest rates, including interest free
loans, at terms not to exceed twenty years;
(b)
Annual principal and interest payments will commence not later than one year
after completion of any project and all loans will be fully amortized not later
then twenty years after project completion;
(c)
The recipient of a loan will establish a dedicated source of revenue for
repayment of loans; and
(d)
The fund will be credited with all payments of principal and interest on all
loans.
(2)
Loans may be made for the following purposes:
(a) To
public bodies for the construction or replacement of water pollution control
facilities as defined in section 212 of the federal water quality act of 1987;
(b)
For the implementation of a management program established under section 319 of
the federal water quality act of 1987 relating to the management of nonpoint
sources of pollution, subject to the requirements of that act; and
(c)
For development and implementation of a conservation and management plan under
section 320 of the federal water quality act of 1987 relating to the national
estuary program, subject to the requirements of that act.
(3)
The department may also use the moneys in the fund for the following purposes:
(a) To
buy or refinance the water pollution control facilities' debt obligations of
public bodies at or below market rates, if such debt was incurred after March
7, 1985;
(b) To
guarantee, or purchase insurance for, public body obligations for water
pollution control facility construction or replacement or activities if the
guarantee or insurance would improve credit market access or reduce interest
rates, or to provide loans to a public body for this purpose;
(c) As
a source of revenue or security for the payment of principal and interest on
revenue or general obligation bonds issued by the state if the proceeds of the
sale of such bonds will be deposited in the fund;
(d) To
earn interest on fund accounts; and
(e) To
pay the expenses of the department in administering the water pollution control
revolving fund according to administrative reserves authorized by federal and
state law.
(4) ((The
department shall present a progress report on the use of moneys from the fund
to the chairs of the ways and means committees of the senate and the house of
representatives no later than November 30 of each year. This report shall
consist of a list of each loan recipient, a project description, total loan
amount, financial arrangement and interest rate, repayment schedule, and source
of repayment.)) Beginning with the biennium ending June 30, 1997, the
department shall present a biennial progress report on the use of moneys from
the account to the chairs of the senate committee on ways and means and the
house of representatives committee on appropriations. The first report is due
June 30, 1996, and the report for each succeeding biennium is due December 31
of the odd-numbered year. The report shall consist of a list of each
recipient, project description, and amount of the grant, loan, or both.
(5)
The department may not use the moneys in the water pollution control revolving
fund for grants.
