BILL REQ. #:  Z-0529.1 

Read first time 01/27/2003.   Referred to Committee on Appropriations.

     AN ACT Relating to consolidating fish and wildlife accounts to implement the 2003-2005 omnibus operating appropriations bill; amending RCW 46.09.170, 76.12.110, 77.12.170, 77.12.810, 77.12.820, 77.12.858, 77.32.440, 77.44.030, 77.60.150, 77.60.160, 90.56.510, 43.21B.300, 77.12.177, 77.65.230, 77.65.240, 77.70.150, 77.70.190, 77.70.300, 77.70.440, 77.95.090, 82.27.070, 82.36.330, 77.95.090, 70.95E.080, 70.95E.090, 70.105D.070, and 82.19.040; reenacting and amending RCW 43.84.092; adding a new section to chapter 77.04 RCW; repealing RCW 43.21K.170, 77.44.050, 77.85.170, 77.95.130, 77.70.320, 77.70.330, and 70.93.180.

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

Sec. 1   RCW 46.09.170 and 1995 c 166 s 9 are each amended to read as follows:
     (1) From time to time, but at least once each year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW, based on the tax rate in effect January 1, 1990, less proper deductions for refunds and costs of collection as provided in RCW 46.68.090. The treasurer shall place these funds in the general fund as follows:
     (a) Forty percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for planning, maintenance, and management of ORV recreation facilities, nonhighway roads, and nonhighway road recreation facilities. The funds under this subsection shall be expended in accordance with the following limitations:
     (i) Not more than five percent may be expended for information programs under this chapter;
     (ii) Not less than ten percent and not more than fifty percent may be expended for ORV recreation facilities;
     (iii) Not more than twenty-five percent may be expended for maintenance of nonhighway roads;
     (iv) Not more than fifty percent may be expended for nonhighway road recreation facilities;
     (v) Ten percent shall be transferred to the interagency committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of natural resources maintains ORV facilities. This amount is in addition to those distributions made by the interagency committee for outdoor recreation under (d)(i) of this subsection;
     (b) Three and one-half percent shall be credited to the ((ORV and nonhighway vehicle account)) state wildlife fund and administered by the department of fish and wildlife solely for the acquisition, planning, development, maintenance, and management of nonhighway roads and recreation facilities;
     (c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the maintenance and management of ORV use areas and facilities; and
     (d) Fifty-four and one-half percent, together with the funds received by the interagency committee for outdoor recreation under RCW 46.09.110, shall be credited to the nonhighway and off-road vehicle activities program account to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV recreation facilities and nonhighway road recreation facilities; ORV user education and information; and ORV law enforcement programs. The funds under this subsection shall be expended in accordance with the following limitations:
     (i) Not more than twenty percent may be expended for ORV education, information, and law enforcement programs under this chapter;
     (ii) Not less than an amount equal to the funds received by the interagency committee for outdoor recreation under RCW 46.09.110 and not more than sixty percent may be expended for ORV recreation facilities;
     (iii) Not more than twenty percent may be expended for nonhighway road recreation facilities.
     (2) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.

Sec. 2   RCW 76.12.110 and 2000 2nd sp.s. c 1 s 915 are each amended to read as follows:
     There is created a forest development account in the state treasury. The state treasurer shall keep an account of all sums deposited therein and expended or withdrawn therefrom. Any sums placed in the account shall be pledged for the purpose of paying interest and principal on the bonds issued by the department, and for the purchase of land for growing timber. Any bonds issued shall constitute a first and prior claim and lien against the account for the payment of principal and interest. No sums for the above purposes shall be withdrawn or paid out of the account except upon approval of the department.
     Appropriations may be made by the legislature from the forest development account to the department for the purpose of carrying on the activities of the department on state forest lands, lands managed on a sustained yield basis as provided for in RCW 79.68.040, and for reimbursement of expenditures that have been made or may be made from the resource management cost account in the management of state forest lands. For the 1999-2001 fiscal biennium, moneys from the account shall be distributed as directed in the omnibus appropriations act to the beneficiaries of the revenues derived from state forest lands. Funds that accrue to the state from such a distribution shall be deposited into the ((salmon recovery account)) state wildlife fund. These funds ((shall)) may be used for a grant program for cities and counties for the preservation and restoration of riparian, marine, and estuarine areas.

Sec. 3   RCW 77.12.170 and 2001 c 253 s 15 are each amended to read as follows:
     (1) There is established in the state treasury the state wildlife fund which consists of moneys as directed by the legislature and received from:
     (a) Rentals or concessions of the department;
     (b) The sale of real or personal property held for department purposes;
     (c) The sale of licenses, permits, tags, and stamps required by chapter 77.32 RCW and RCW 77.65.490, except annual resident adult saltwater and all shellfish licenses, which shall be deposited into the state general fund;
     (d) Fees for informational materials published by the department;
     (e) Fees for personalized vehicle license plates as provided in chapter 46.16 RCW;
     (f) Articles or wildlife sold by the director under this title;
     (g) Compensation for damage to department property or wildlife losses or contributions, gifts, or grants received under RCW 77.12.320 or 77.32.380;
     (h) Excise tax on anadromous game fish collected under chapter 82.27 RCW;
     (i) The sale of personal property seized by the department for fish, shellfish, or wildlife violations; ((and))
     (j) The department's share of revenues from auctions and raffles authorized by the commission; and
     (k) Fees and voluntary contributions collected by state agencies under RCW 43.21K.150.
     (2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state wildlife fund.
     (3) Expenditures from the fund may include but are not limited to the following:
     (a) Salmon recovery;
     (b) The warm water game fish enhancement program, including the development of warm water pond and lake habitat, culture of warm water game fish habitat, management of warm water fish populations, and other practical activities that will improve the fishing for warm water fish;
     (c) Purposes consistent with the environmental excellence program under chapter 43.21K RCW; and
     (d) Fisheries enhancement and habitat restoration by regional fisheries enhancement groups.

Sec. 4   RCW 77.12.810 and 1998 c 191 s 30 are each amended to read as follows:
     As provided in RCW 77.32.440, a portion of each small game hunting license fee shall be deposited in the ((eastern Washington pheasant enhancement account created in RCW 77.12.820)) state wildlife fund.

Sec. 5   RCW 77.12.820 and 1997 c 422 s 5 are each amended to read as follows:
     ((The eastern Washington pheasant enhancement account is created in the custody of the state treasurer.)) All receipts under RCW 77.12.810 must be deposited in the ((account. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the eastern Washington pheasant enhancement program)) state wildlife fund. The department may use moneys from the ((account)) fund to improve pheasant habitat or to purchase or produce pheasants. ((Not less than eighty percent of expenditures from the account must be used to purchase or produce pheasants. The eastern Washington pheasant enhancement account funds must not be used for the purchase of land.)) The ((account)) fund may be used to offer grants to improve pheasant habitat on public or private lands that are open to public hunting. The department may enter partnerships with private landowners, nonprofit corporations, cooperative groups, and federal or state agencies for the purposes of pheasant habitat enhancement in areas that will be available for public hunting.

Sec. 6   RCW 77.12.858 and 2000 c 107 s 230 are each amended to read as follows:
     All receipts from the salmon stamp program created under RCW 77.12.850 through 77.12.860 must be deposited into the ((regional fisheries enhancement salmonid recovery account created under RCW 77.95.130)) state wildlife fund. Expenditures from the ((account)) fund may be used ((only)) for the purposes specified in RCW 77.95.130 and chapter 342, Laws of 1999. The department shall report biennially to the legislature on the amount of money the salmon stamp program has generated.

Sec. 7   RCW 77.32.440 and 1999 c 235 s 2 are each amended to read as follows:
     (((1))) The commission shall adopt rules to continue funding current enhancement programs ((at levels equal to the participation of licensees in each of the individual enhancement programs)). All enhancement funding will continue to be deposited directly into the ((individual accounts created for each enhancement)) state wildlife fund.
     (((2) In implementing subsection (1) of this section with regard to warm water game fish, the department shall deposit in the warm water game fish account the sum of one million two hundred fifty thousand dollars each fiscal year during the fiscal years 1999 and 2000, based on two hundred fifty thousand warm water anglers. Beginning in fiscal year 2001, and each year thereafter, the deposit to the warm water game fish account established in this subsection shall be adjusted annually to reflect the actual numbers of license holders fishing for warm water game fish based on an annual survey of licensed anglers from the previous year conducted by the department beginning with the April 1, 1999, to March 31, 2000, license year survey.))

Sec. 8   RCW 77.44.030 and 1998 c 191 s 29 are each amended to read as follows:
     (1) As provided in RCW 77.32.440, a portion of each freshwater and combination fishing license fee shall be deposited into the ((warm water game fish account)) state wildlife fund.
     (2) ((The department shall use the most cost-effective format in designing and administering the warm water game fish surcharge [account].
     (3) A warm water game fish account shall)) Moneys in the state wildlife fund from the receipts under RCW 77.32.440 may be used for enhancement of largemouth bass, smallmouth bass, walleye, black crappie, white crappie, channel catfish, and tiger musky.

Sec. 9   RCW 77.60.150 and 2001 c 273 s 1 are each amended to read as follows:
     (1) The department shall initiate a pilot project to evaluate the feasibility and potential of intensively culturing shellfish on currently nonproductive oyster reserve land in Puget Sound. The pilot program shall include no fewer than three long-term lease agreements with commercial shellfish growers. Except as provided in subsection (4) of this section, revenues from the lease of such lands shall be deposited in the ((oyster reserve land account created in RCW 77.60.160)) state wildlife fund.
     (2) The department shall form one advisory committee each for the Willapa Bay oyster reserve lands and the Puget Sound oyster reserve lands. The advisory committees shall make recommendations on management practices to conserve, protect, and develop oyster reserve lands. The advisory committees may make recommendations regarding the management practices on oyster reserve lands, in particular to ensure that they are managed in a manner that will: (a) Increase revenue through production of high-value shellfish; (b) not be detrimental to the market for shellfish grown on nonreserve lands; and (c) avoid negative impacts to existing shellfish populations. The advisory committees may also make recommendation on the distribution of funds in RCW 77.60.160(2)(a). The department shall attempt to structure each advisory committee to include equal representation between shellfish growers that participate in reserve sales and shellfish growers that do not.
     (3) The department shall submit a brief progress report on the status of the pilot programs to the appropriate standing committees of the legislature by January 7, 2003.
     (4) The department of natural resources, in consultation with the department of fish and wildlife, shall administer the leases for oyster reserves entered into under this chapter. In administering the leases, the department of natural resources shall exercise its authority under RCW 79.96.090. Vacation of state oyster reserves by the department of fish and wildlife shall not be a requirement for the department of natural resources to lease any oyster reserves under this section. The department of natural resources may recover reasonable costs directly associated with the administration of the leases for oyster reserves entered into under this chapter. All administrative fees collected by the department of natural resources pursuant to this section shall be deposited into the resource management cost account established in RCW 79.64.020. The department of fish and wildlife may not assess charges to recover the costs of consulting with the department of natural resources under this subsection.
     (5) The Puget Sound pilot program shall not include the culture of geoduck.

Sec. 10   RCW 77.60.160 and 2001 c 273 s 2 are each amended to read as follows:
     (1) ((The oyster reserve land account is created in the state treasury.)) All receipts from revenues from the lease of land or sale of shellfish from oyster reserve lands must be deposited into the ((account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only as provided in this section)) state wildlife fund.
     (2) ((Funds)) Moneys in the ((account)) fund from receipts under subsection (1) of this section shall be used for the following purposes ((provided for in this subsection)):
     (a) Up to forty percent for the management expenses incurred by the department that are directly attributable to the management of the oyster reserve lands and for the expenses associated with new research and development activities at the Pt. Whitney and Nahcotta shellfish laboratories managed by the department. As used in this subsection, "new research and development activities" includes an emphasis on the control of aquatic nuisance species and burrowing shrimp;
     (b) Up to ten percent may be deposited into the state general fund; and
     (c) All remaining funds ((in the account)) from receipts under subsection (1) of this section shall be used for the shellfish - on-site sewage grant program established in RCW 90.71.100.

Sec. 11   RCW 90.56.510 and 2000 c 69 s 22 are each amended to read as follows:
     (1) The oil spill prevention account is created in the state treasury. All receipts from RCW 82.23B.020(2) shall be deposited in the account. Moneys from the account may be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW. If, on the first day of any calendar month, the balance of the oil spill response account is greater than nine million dollars and the balance of the oil spill prevention account exceeds the unexpended appropriation for the current biennium, then the tax under RCW 82.23B.020(2) shall be suspended on the first day of the next calendar month until the beginning of the following biennium, provided that the tax shall not be suspended during the last six months of the biennium. If the tax imposed under RCW 82.23B.020(2) is suspended during two consecutive biennia, the department shall by November 1st after the end of the second biennium, recommend to the appropriate standing committees an adjustment in the tax rate. For the biennium ending June 30, 1999, and the biennium ending June 30, 2001, the state treasurer may transfer a total of up to one million dollars from the oil spill response account to the oil spill prevention account to support appropriations made from the oil spill prevention account in the omnibus appropriations act adopted not later than June 30, 1999.
     (2) Expenditures from the ((oil spill prevention account shall)) state wildlife fund may be used ((exclusively)) for the administrative costs related to the purposes of this chapter, and chapters 90.48, 88.40, and 88.46 RCW. Starting with the 1995-1997 biennium, the legislature shall give activities of state agencies related to prevention of oil spills priority in funding from the ((oil spill prevention account)) state wildlife fund. Costs of prevention include the costs of:
     (a) Routine responses not covered under RCW 90.56.500;
     (b) Management and staff development activities;
     (c) Development of rules and policies and the statewide plan provided for in RCW 90.56.060;
     (d) Facility and vessel plan review and approval, drills, inspections, investigations, enforcement, and litigation;
     (e) Interagency coordination and public outreach and education;
     (f) Collection and administration of the tax provided for in chapter 82.23B RCW; and
     (g) Appropriate travel, goods and services, contracts, and equipment.

NEW SECTION.  Sec. 12   A new section is added to chapter 77.04 RCW to read as follows:
     (1) The license buyback and resource administration account is created in the state treasury. Moneys in the account may be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW.
     (2) The license buyback and resource administration account includes but is not limited to moneys received from:
     (a) Sea cucumber dive fishing license surcharges as provided in RCW 77.70.190;
     (b) Sea urchin dive fishing license surcharges as provided in RCW 77.70.150;
     (c) All revenues from fees under RCW 77.70.430;
     (d) An amount equivalent to one cent per gallon from each marine use refund claim under RCW 82.36.330;
     (e) Revenues from fees from the transfer of each Dungeness crab-coastal fishery license assessed under RCW 77.65.020;
     (f) Delivery fees assessed under RCW 77.70.300; and
     (g) Any license surcharge under RCW 77.65.240.
     (3) Moneys in the account may be spent for the following purposes:
     (a) Processing appeals related to the issuance of Dungeness crab-coastal fishery licenses; and
     (b) Coastal crab management activities.

Sec. 13   RCW 43.21B.300 and 2001 c 36 s 2 are each amended to read as follows:
     (1) Any civil penalty provided in RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330 shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department or the authority for the remission or mitigation of the penalty. Upon receipt of the application, the department or authority may remit or mitigate the penalty upon whatever terms the department or the authority in its discretion deems proper. The department or the authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.
     (2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department or authority thirty days after receipt by the person penalized of the notice imposing the penalty or thirty days after receipt of the notice of disposition of the application for relief from penalty.
     (3) A penalty shall become due and payable on the later of:
     (a) Thirty days after receipt of the notice imposing the penalty;
     (b) Thirty days after receipt of the notice of disposition on application for relief from penalty, if such an application is made; or
     (c) Thirty days after receipt of the notice of decision of the hearings board if the penalty is appealed.
     (4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon request of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator does business, to recover the penalty. If the amount of the penalty is not paid to the authority within thirty days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.
     (5) All penalties recovered shall be paid into the state treasury and credited to the general fund except those penalties imposed pursuant to RCW 18.104.155, which shall be credited to the reclamation account as provided in RCW 18.104.155(7), RCW 70.94.431, the disposition of which shall be governed by that provision, RCW 70.105.080, which shall be credited to the hazardous waste control and elimination account, created by RCW 70.105.180, and RCW 90.56.330, which shall be credited to the ((coastal protection fund created by RCW 90.48.390)) license buyback and resource administration account.

Sec. 14   RCW 43.84.092 and 2002 c 242 s 2, 2002 c 114 s 24, and 2002 c 56 s 402 are each reenacted and amended to read as follows:
     (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
     (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
     (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
     (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
     (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, ((the oyster reserve land account,)) the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the Puyallup tribal settlement account, the regional transportation investment district account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
     (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.
     (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

Sec. 15   RCW 77.12.177 and 2001 c 253 s 16 are each amended to read as follows:
     (1) Except as provided in this title, state and county officers receiving the following moneys shall deposit them in the state general fund:
     (a) The sale of commercial licenses required under this title, except for licenses issued under RCW 77.65.490; and
     (b) Moneys received for damages to food fish or shellfish.
     (2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.
     (3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the department shall be remitted as provided in chapter 3.62 RCW.
     (4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.
     (5) Proceeds from the sale of salmon carcasses and salmon eggs from state general funded hatcheries by the department of general administration shall be deposited in the ((regional fisheries enhancement group account established in RCW 77.95.090)) license buyback and resource administration account.
     (6) Moneys received by the commission under RCW 77.12.039, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources.
     (7) Proceeds from the sale of herring spawn on kelp fishery licenses by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for herring management, enhancement, and enforcement.

Sec. 16   RCW 77.65.230 and 2000 c 107 s 44 are each amended to read as follows:
     A surcharge of fifty dollars shall be collected with each Dungeness crab-coastal fishery license issued under RCW 77.65.220 until June 30, 2000, and with each Dungeness crab-coastal class B fishery license issued under RCW 77.65.220 until December 31, 1997. Moneys collected under this section shall be placed in the ((Dungeness crab appeals account hereby created in the state treasury. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. Expenditures from the account shall only be used for processing appeals related to the issuance of Dungeness crab-coastal fishery licenses)) license buyback and resource administration account.

Sec. 17   RCW 77.65.240 and 2000 c 107 s 45 are each amended to read as follows:
     A surcharge of one hundred twenty dollars shall be collected with each Dungeness crab-coastal fishery license and with each Dungeness crab-coastal class B fishery license issued under RCW 77.65.220. Moneys collected under this section shall be placed in the ((coastal crab account created under RCW 77.70.320)) license buyback and resource administration account.

Sec. 18   RCW 77.70.150 and 2001 c 253 s 58 are each amended to read as follows:
     (1) A sea urchin dive fishery license is required to take sea urchins for commercial purposes. A sea urchin dive fishery license authorizes the use of only one diver in the water at any time during sea urchin harvest operations. If the same vessel has been designated on two sea urchin dive fishery licenses, two divers may be in the water. A natural person may not hold more than two sea urchin dive fishery licenses.
     (2) Except as provided in subsection (6) of this section, the director shall issue no new sea urchin dive fishery licenses. For licenses issued for the year 2000 and thereafter, the director shall renew existing licenses only to a natural person who held the license at the end of the previous year. If a sea urchin dive fishery license is not held by a natural person as of December 31, 1999, it is not renewable. However, if the license is not held because of revocation or suspension of licensing privileges, the director shall renew the license in the name of a natural person at the end of the revocation or suspension if the license holder applies for renewal of the license before the end of the year in which the revocation or suspension ends.
     (3) Where a licensee failed to obtain the license during the previous year because of a license suspension or revocation by the director or the court, the licensee may qualify for a license by establishing that the person held such a license during the last year in which the person was eligible.
     (4) Surcharges as provided for in this section shall be collected and deposited into the ((sea urchin dive fishery account hereby created in the custody of the state treasurer. Only the director or the director's designee may authorize expenditures from the account. The sea urchin dive fishery account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures)) license buyback and resource administration account. Expenditures from the account ((shall only)) may be used to retire sea urchin licenses until the number of licenses is reduced to twenty-five, and thereafter shall only be used for sea urchin management and enforcement.
     (a) A surcharge of one hundred dollars shall be charged with each sea urchin dive fishery license renewal for licenses issued in 2000 through 2005.
     (b) For licenses issued for the year 2000 and thereafter, a surcharge shall be charged on the sea urchin dive fishery license for designating an alternate operator. The surcharge shall be as follows: Five hundred dollars for the first year or each of the first two consecutive years after 1999 that any alternate operator is designated and two thousand five hundred dollars each year thereafter that any alternate operator is designated.
     (5) Sea urchin dive fishery licenses are transferable. After December 31, 1999, there is a surcharge to transfer a sea urchin dive fishery license. The surcharge is five hundred dollars for the first transfer of a license valid for calendar year 2000, and two thousand five hundred dollars for any subsequent transfer, whether occurring in the year 2000 or thereafter. Notwithstanding this subsection, a one- time transfer exempt from surcharge applies for a transfer from the natural person licensed on January 1, 2000, to that person's spouse or child.
     (6) If fewer than twenty-five natural persons are eligible for sea urchin dive fishery licenses, the director may accept applications for new licenses. The additional licenses may not cause more than twenty-five natural persons to be eligible for a sea urchin dive fishery license. New licenses issued under this section shall be distributed according to rules of the department that recover the value of such licensed privilege.

Sec. 19   RCW 77.70.190 and 2001 c 253 s 59 are each amended to read as follows:
     (1) A sea cucumber dive fishery license is required to take sea cucumbers for commercial purposes. A sea cucumber dive fishery license authorizes the use of only one diver in the water at any time during sea cucumber harvest operations. If the same vessel has been designated on two sea cucumber dive fishery licenses, two divers may be in the water. A natural person may not hold more than two sea cucumber dive fishery licenses.
     (2) Except as provided in subsection (6) of this section, the director shall issue no new sea cucumber dive fishery licenses. For licenses issued for the year 2000 and thereafter, the director shall renew existing licenses only to a natural person who held the license at the end of the previous year. If a sea cucumber dive fishery license is not held by a natural person as of December 31, 1999, it is not renewable. However, if the license is not held because of revocation or suspension of licensing privileges, the director shall renew the license in the name of a natural person at the end of the revocation or suspension if the license holder applies for renewal of the license before the end of the year in which the revocation or suspension ends.
     (3) Where a licensee failed to obtain the license during either of the previous two years because of a license suspension by the director or the court, the licensee may qualify for a license by establishing that the person held such a license during the last year in which the person was eligible.
     (4) Surcharges as provided for in this section shall be collected and deposited into the ((sea cucumber dive fishery account hereby created in the custody of the state treasurer. Only the director or the director's designee may authorize expenditures from the account. The sea cucumber dive fishery account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures)) license buyback and resource administration account. Expenditures from the account ((shall only)) may be used to retire sea cucumber licenses until the number of licenses is reduced to twenty-five, and thereafter shall only be used for sea cucumber management and enforcement.
     (a) A surcharge of one hundred dollars shall be charged with each sea cucumber dive fishery license renewal for licenses issued in 2000 through 2005.
     (b) For licenses issued for the year 2000 and thereafter, a surcharge shall be charged on the sea cucumber dive fishery license for designating an alternate operator. The surcharge shall be as follows: Five hundred dollars for the first year or each of the first two consecutive years after 1999 that any alternate operator is designated and two thousand five hundred dollars each year thereafter that any alternate operator is designated.
     (5) Sea cucumber dive fishery licenses are transferable. After December 31, 1999, there is a surcharge to transfer a sea cucumber dive fishery license. The surcharge is five hundred dollars for the first transfer of a license valid for calendar year 2000 and two thousand five hundred dollars for any subsequent transfer whether occurring in the year 2000 or thereafter. Notwithstanding this subsection, a one-time transfer exempt from surcharge applies for a transfer from the natural person licensed on January 1, 2000, to that person's spouse or child.
     (6) If fewer than twenty-five persons are eligible for sea cucumber dive fishery licenses, the director may accept applications for new licenses. The additional licenses may not cause more than twenty-five natural persons to be eligible for a sea cucumber dive fishery license. New licenses issued under this section shall be distributed according to rules of the department that recover the value of such licensed privilege.

Sec. 20   RCW 77.70.300 and 2000 c 107 s 77 are each amended to read as follows:
     A person commercially fishing for Dungeness crab in offshore waters outside of Washington state jurisdiction shall obtain a Dungeness crab offshore delivery license from the director if the person does not possess a valid Dungeness crab-coastal fishery license or a valid Dungeness crab-coastal class B fishery license and the person wishes to land Dungeness crab into a place or a port in the state. The annual fee for a Dungeness crab offshore delivery license is two hundred fifty dollars. The director may specify restrictions on landings of offshore Dungeness crab in Washington state as authorized in RCW 77.70.290.
     Fees from the offshore Dungeness crab delivery license shall be placed in the ((coastal crab account created in RCW 77.70.320)) license buyback and resource administration account.

Sec. 21   RCW 77.70.440 and 2001 c 234 s 2 are each amended to read as follows:
     ((The Puget Sound crab pot buoy tag account is created in the custody of the state treasurer.)) All revenues from fees from RCW 77.70.430 must be deposited into the license buyback and resource administration account. Expenditures from this account may be used for the production of crab pot buoy tags and the administration of a Puget Sound crab pot buoy tag program. ((Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW but no appropriation is required for expenditures.))

Sec. 22   RCW 77.95.090 and 2000 c 107 s 106 are each amended to read as follows:
     ((The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer. Only the commission or the commission's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.))
     A portion of each recreational fishing license fee shall be used as provided in RCW 77.32.440. A surcharge of one hundred dollars shall be collected on each commercial salmon fishery license, each salmon delivery license, and each salmon charter license sold in the state. All receipts shall be placed in the ((regional fisheries enhancement group)) license buyback and resource administration account and ((shall)) may be used ((exclusively)) for regional fisheries enhancement group projects for the purposes of RCW 77.95.110. ((Funds from the regional fisheries enhancement group account shall not serve as replacement funding for department operated salmon projects that exist on January 1, 1991.))
     All revenue from the department's sale of salmon carcasses and eggs that return to group facilities shall be deposited in the ((regional fisheries enhancement group)) license buyback and resource administration account for use by the regional fisheries enhancement group that produced the surplus. The commission shall adopt rules to implement this section pursuant to chapter 34.05 RCW.

Sec. 23   RCW 82.27.070 and 1999 c 126 s 4 are each amended to read as follows:
     All taxes collected by the department of revenue under this chapter shall be deposited in the state general fund except for the excise tax on anadromous game fish, which shall be deposited in the wildlife fund, and, during the period January 1, 2000, to December 31, 2005, twenty-five forty-sixths of the revenues derived from the excise tax on sea urchins collected under RCW 82.27.020 shall be deposited into the ((sea urchin dive fishery account created in RCW 75.30.210)) license buyback and resource administration account, and twenty-five forty-sixths of the revenues derived from the excise tax on sea cucumbers collected under RCW 82.27.020 shall be deposited into the ((sea cucumber dive fishery account created in RCW 75.30.250)) license buyback and resource administration account.

Sec. 24   RCW 82.36.330 and 1998 c 176 s 39 are each amended to read as follows:
     Upon the approval of the director of the claim for refund, the state treasurer shall draw a warrant upon the state treasury for the amount of the claim in favor of the person making such claim and the warrant shall be paid from the excise tax collected on motor vehicle fuel: PROVIDED, That the state treasurer shall deduct from each marine use refund claim an amount equivalent to one cent per gallon and shall deposit the same in the ((coastal protection fund created by RCW 90.48.390)) license buyback and resource administration account. Applications for refunds of excise tax shall be filed in the office of the director not later than the close of the last business day of a period thirteen months from the date of purchase of such motor fuel, and if not filed within this period the right to refund shall be forever barred, except that such limitation shall not apply to claims for loss or destruction of motor vehicle fuel as provided by the provisions of RCW 82.36.370. The department shall pay interest of one percent on any refund payable under this chapter that is issued more than thirty state business days after the receipt of a claim properly filed and completed in accordance with this section. After the end of the thirty business-day period, additional interest shall accrue at the rate of one percent on the amount payable for each thirty calendar-day period, until the refund is issued. Any person or the member of any firm or the officer or agent of any corporation who makes any false statement in any claim required for the refund of excise tax, as provided in this chapter, or who collects or causes to be repaid to him or to any other person any such refund without being entitled to the same under the provisions of this chapter shall be guilty of a gross misdemeanor.

Sec. 25   RCW 77.95.090 and 2000 c 107 s 106 are each amended to read as follows:
     The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer. Only the commission or the commission's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
     A portion of each recreational fishing license fee shall be used as provided in RCW 77.32.440. A surcharge of one hundred dollars shall be collected on each commercial salmon fishery license, each salmon delivery license, and each salmon charter license sold in the state. All receipts shall be placed in the ((regional fisheries enhancement group account and shall be used exclusively for regional fisheries enhancement group projects for the purposes of RCW 77.95.110. Funds from the regional fisheries enhancement group account shall not serve as replacement funding for department operated salmon projects that exist on January 1, 1991)) salmon recovery account.
     All revenue from the department's sale of salmon carcasses and eggs that return to group facilities shall be deposited in the ((regional fisheries enhancement group account for use by the regional fisheries enhancement group that produced the surplus)) salmon recovery account. The commission shall adopt rules to implement this section pursuant to chapter 34.05 RCW.

Sec. 26   RCW 70.95E.080 and 1991 sp.s. c 13 s 75 are each amended to read as follows:
     ((The hazardous waste assistance account is hereby created in the state treasury.)) The following moneys shall be deposited into the ((hazardous waste assistance)) state toxics control account:
     (1) Those revenues which are raised by the fees imposed under RCW 70.95E.020 and 70.95E.030;
     (2) Penalties and surcharges collected under chapter 70.95C RCW and this chapter; and
     (3) Any other moneys appropriated or transferred to the account by the legislature. ((Moneys in the hazardous waste assistance account may be spent only for the purposes of this chapter following legislative appropriation.))

Sec. 27   RCW 70.95E.090 and 1995 c 207 s 4 are each amended to read as follows:
     The department may use funds in the ((hazardous waste assistance)) state toxics control account to provide technical assistance and compliance education assistance to hazardous substance users and waste generators, to provide grants to local governments, and for administration of this chapter.
     Technical assistance may include the activities authorized under chapter 70.95C RCW and RCW 70.105.170 to encourage hazardous waste reduction and hazardous use reduction and the assistance provided for by RCW 70.105.100(2).
     Compliance education may include the activities authorized under RCW 70.105.100(2) to train local agency officials and to inform hazardous substance users and hazardous waste generators and owners and operators of hazardous waste management facilities of the requirements of chapter 70.105 RCW and related federal laws and regulations. To the extent practicable, the department shall contract with private businesses to provide compliance education.
     Grants to local governments shall be used for small quantity generator technical assistance and compliance education components of their moderate risk waste plans as required by RCW 70.105.220.

Sec. 28   RCW 70.105D.070 and 2001 c 27 s 2 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) one hundred percent of the revenues raised or collected under RCW 70.95E.080; (e) eighty percent of all taxes imposed in RCW 82.19.010 and fines and bail forfeitures collected or received under chapter 70.93 RCW; and (f) 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;
     (xiii) Litter collection programs, central coordination function for litter control efforts statewide, the biennial litter survey under RCW 70.93.200(8), and for statewide public awareness programs under RCW 70.93.200(7); and
     (xiv) Waste reduction and recycling efforts.
     (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; and twenty percent of the total funds raised under subsection (2)(e) of this section.
     (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; (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) waste reduction, litter control, and recycling; and (vi) 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))) (vi), "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 from the tax collected under RCW 82.21.030 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.

Sec. 29   RCW 82.19.040 and 2001 c 118 s 6 are each amended to read as follows:
     (1) To the extent applicable, all of the definitions of chapter 82.04 RCW and all of the provisions of chapter 82.32 RCW apply to the tax imposed in this chapter.
     (2) Eighty percent of the taxes collected under this chapter shall be deposited in the ((waste reduction, recycling, and litter control account under RCW 70.93.180)) state toxics control account and twenty percent of the taxes collected under this chapter shall be deposited into the local toxics control account.

NEW SECTION.  Sec. 30   The following acts or parts of acts are each repealed:
     (1) RCW 43.21K.170 (Environmental excellence account) and 1997 c 381 s 32;
     (2) RCW 77.44.050 (Warm water game fish account -- Created -- Use of moneys) and 1999 c 235 s 1 & 1996 c 222 s 5;
     (3) RCW 77.85.170 (Salmon recovery account) and 1999 sp.s. c 13 s 16; and
     (4) RCW 77.95.130 (Regional fisheries enhancement salmonid recovery account -- Created) and 1997 c 389 s 3.

NEW SECTION.  Sec. 31   The following acts or parts of acts are each repealed:
     (1) RCW 77.70.320 (Coastal crab account -- Created -- Revenues--Expenditures) and 2000 c 107 s 79, 1997 c 418 s 4, & 1994 c 260 s 6; and
     (2) RCW 77.70.330 (Coastal crab account expenditures -- Management of coastal crab resource) and 1994 c 260 s 8.

NEW SECTION.  Sec. 32   RCW 70.93.180 (Waste reduction, recycling, and litter control account -- Distribution) and 1998 c 257 s 5, 1992 c 175 s 8, 1991 sp.s. c 13 s 40, 1985 c 57 s 68, 1983 c 277 s 3, & 1971 ex.s. c 307 s 18 are each repealed.