SUBSTITUTE HOUSE BILL 1349





                        57th Legislature

                2001 Regular Legislative Session


Passed by the House March 9, 2001

  Yeas 92   Nays 1




Speaker of the House of Representatives




Speaker of the House of Representatives





Passed by the Senate April 4, 2001

  Yeas 47   Nays 0



We, Timothy A. Martin and Cynthia Zehnder, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1349  as passed by the House of Representatives and the Senate on the dates hereon set forth.




                          Chief Clerk




                          Chief Clerk

President of the Senate




Approved Place Style On Codes above, and Style Off Codes below.             




Governor of the State of Washington

                   Secretary of State

                  State of Washington



                    SUBSTITUTE HOUSE BILL 1349



             Passed Legislature - 2001 Regular Session


State of Washington      57th Legislature     2001 Regular Session


By House Committee on Appropriations (originally sponsored by Representatives Kessler, Buck, Morris, Sehlin, Linville and Rockefeller)


Read first time .  Referred to Committee on .

Authorizing a funding mechanism for removal and disposal of derelict vessels.

    AN ACT Relating to funding for removal and disposal of derelict vessels; amending RCW 70.105D.070; and creating a new section.




    NEW SECTION.  Sec. 1.  The legislature finds that there is an increasing number of derelict vessels that have been abandoned in the waters along the shorelines of the state.  These vessels pose hazards to navigation and threaten the environment with the potential release of hazardous materials.  There is no current federal program that comprehensively addresses this problem, and the legislature recognizes that the state must assist in providing a solution to this increasing hazard.


    Sec. 2.  RCW 70.105D.070 and 2000 2nd sp.s. c 1 s 912 are each amended to read as follows:

    (1) The state toxics control account and the local toxics control account are hereby created in the state treasury.

    (2) The following moneys shall be deposited into the state toxics control account:  (a) Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-three one-hundredths of one percent; (b) the costs of remedial actions recovered under this chapter or chapter 70.105A RCW; (c) penalties collected or recovered under this chapter; and (d) any other money appropriated or transferred to the account by the legislature.  Moneys in the account may be used only to carry out the purposes of this chapter, including but not limited to the following activities:

    (i) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.105 RCW;

    (ii) The state's responsibility for solid waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.95 RCW;

    (iii) The hazardous waste cleanup program required under this chapter;

    (iv) State matching funds required under the federal cleanup law;

    (v) Financial assistance for local programs in accordance with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;

    (vi) State government programs for the safe reduction, recycling, or disposal of hazardous wastes from households, small businesses, and agriculture;

    (vii) Hazardous materials emergency response training;

    (viii) Water and environmental health protection and monitoring programs;

    (ix) Programs authorized under chapter 70.146 RCW;

    (x) A public participation program, including regional citizen advisory committees;

    (xi) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with cleanup standards under RCW 70.105D.030(2)(e) but only when the amount and terms of such funding are established under a settlement agreement under RCW 70.105D.040(4) and when the director has found that the funding will achieve both (A) a substantially more expeditious or enhanced cleanup than would otherwise occur, and (B) the prevention or mitigation of unfair economic hardship; and

    (xii) Development and demonstration of alternative management technologies designed to carry out the top two hazardous waste management priorities of RCW 70.105.150.

    (3) The following moneys shall be deposited into the local toxics control account:  Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-seven one-hundredths of one percent.

    (a) Moneys deposited in the local toxics control account shall be used by the department for grants or loans to local governments for the following purposes in descending order of priority:  (i) Remedial actions; (ii) hazardous waste plans and programs under chapter 70.105 RCW; (iii) solid waste plans and programs under chapters 70.95, 70.95C, 70.95I, and 70.105 RCW; ((and)) (iv) funds for a program to assist in the assessment and cleanup of sites of methamphetamine production, but not to be used for the initial containment of such sites, consistent with the responsibilities and intent of RCW 69.50.511; and (v) cleanup and disposal of hazardous substances from abandoned or derelict vessels that pose a threat to human health or the environment.  For purposes of this subsection (3)(a)(v), "abandoned or derelict vessels" means vessels that have little or no value and either have no identified owner or have an identified owner lacking financial resources to clean up and dispose of the vessel.  Funds for plans and programs shall be allocated consistent with the priorities and matching requirements established in chapters 70.105, 70.95C, 70.95I, and 70.95 RCW.  During the 1999-2001 fiscal biennium, moneys in the account may also be used for the following activities:  Conducting a study of whether dioxins occur in fertilizers, soil amendments, and soils; reviewing applications for registration of fertilizers; and conducting a study of plant uptake of metals.

    (b) Funds may also be appropriated to the department of health to implement programs to reduce testing requirements under the federal safe drinking water act for public water systems.  The department of health shall reimburse the account from fees assessed under RCW 70.119A.115 by June 30, 1995.

    (4) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the state and local toxics control accounts may be spent only after appropriation by statute.

    (5) One percent of the moneys deposited into the state and local toxics control accounts shall be allocated only for public participation grants to persons who may be adversely affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations.  The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solid and hazardous waste management priorities.  However, during the 1999-2001 fiscal biennium, funding may not be granted to entities engaged in lobbying activities, and applicants may not be awarded grants if their cumulative grant awards under this section exceed two hundred thousand dollars.  No grant may exceed sixty thousand dollars.  Grants may be renewed annually.  Moneys appropriated for public participation from either account which are not expended at the close of any biennium shall revert to the state toxics control account.

    (6) No moneys deposited into either the state or local toxics control account may be used for solid waste incinerator feasibility studies, construction, maintenance, or operation.

    (7) The department shall adopt rules for grant or loan issuance and performance.


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