Z-1142.1  _______________________________________________

                         SENATE BILL 6129

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Senators Swecker, Fraser and Winsley; by request of Department of Ecology

Read first time 01/12/98.  Referred to Committee on Agriculture & Environment.

Allowing continued use of pollution control tax credits after facilities are modified to maintain effective pollution control.

    AN ACT Relating to allowing continued use of pollution control tax credits after facilities are modified to maintain effective pollution control; amending RCW 82.34.100; and repealing RCW 82.34.080.

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

    Sec. 1.  RCW 82.34.100 and 1988 c 127 s 37 are each amended to read as follows:

(1) The department of ecology, after notice to the department and the applicant and after affording the applicant an opportunity for a hearing, shall, on its own initiative or on complaint of the local or regional air pollution control agency in which an air pollution control facility is located, or is expected to be located, revise the prior findings of the appropriate control agency whenever any of the following appears:

    (((1))) (a) The certificate or supplement thereto was obtained by fraud or misrepresentation, or the holder of the certificate has failed substantially without good cause to proceed with the construction, reconstruction, installation or acquisition of a facility or without good cause has failed substantially to operate the facility for the purpose specified by the appropriate control agency in which case the department shall modify or revoke the certificate.  If the certificate and/or supplement are revoked, all applicable taxes from which an exemption has been secured under this chapter or against which the credit provided for by this chapter has been claimed shall be immediately due and payable with the maximum interest and penalties prescribed by applicable law.  No statute of limitations shall operate in the event of fraud or misrepresentation.

    (((2))) (b) The facility covered by the certificate or supplement thereto is no longer operated primarily for the purpose of the control or reduction of water pollution or the control, capture, and removal of pollutants from the air, as the case may be, or is no longer suitable or reasonably adequate to meet the intent and purposes of chapter 70.94 RCW or chapter 90.48 RCW, in which case the certificate shall be modified or revoked.

(2) If the facility covered by the certificate or its supplement is modified or replaced but is still operated primarily for the purpose of the control or reduction of water pollution or the control, capture, and removal of pollutants from the air and is reasonably adequate to meet the intent and purposes of chapter 70.94 or 90.48 RCW as the case may be, then the certificate may not be revoked.

    (3) Upon the date of mailing by certified mail to the certificate holder of notice of the action of the department modifying or revoking a certificate or supplement, the certificate or supplement shall cease to be in force or shall remain in force only as modified.

NEW SECTION. Sec. 2.  RCW 82.34.080 and 1981 2nd ex.s. c 9 s 4 & 1967 ex.s. c 139 s 8 are each repealed.

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