AN ACT Relating to
funding for removal and disposal of derelict vessels; amending RCW 70.105D.070;
and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
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.
