BILL REQ. #: H-2596.2
| State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 04/02/03.
AN ACT Relating to transportation and financing; amending RCW 46.16.070, 46.68.035, 82.38.030, 82.38.035, 82.38.047, 46.09.170, 46.10.170, and 79A.25.070; reenacting and amending RCW 82.36.025, 46.68.090, and 46.68.110; adding a new section to chapter 82.44 RCW; adding new sections to chapter 70.94 RCW; creating new sections; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 RCW 46.16.070 and 1994 c 262 s 8 are each amended to
read as follows:
(1) In lieu of all other vehicle licensing fees, unless
specifically exempt, and in addition to ((the excise tax prescribed in
chapter 82.44 RCW and)) the mileage fees prescribed for buses and
stages in RCW 46.16.125, there shall be paid and collected annually for
each truck, motor truck, truck tractor, road tractor, tractor, bus,
auto stage, or for hire vehicle with seating capacity of more than six,
based upon the declared combined gross weight or declared gross weight
thereof pursuant to the provisions of chapter 46.44 RCW, the following
licensing fees by such gross weight:
| DECLARED GROSS WEIGHT | SCHEDULE A | SCHEDULE B | ||||
| 4,000 lbs. | . . . . . . . . . . . . | $ | 37.00 | . . . . . . . . . . . . | $ | 37.00 |
| 6,000 lbs. | . . . . . . . . . . . . | $ | 44.00 | . . . . . . . . . . . . | $ | 44.00 |
| 8,000 lbs. | . . . . . . . . . . . . | $ | 55.00 | . . . . . . . . . . . . | $ | 55.00 |
| 10,000 lbs. | . . . . . . . . . . . . | $ | 62.00 | . . . . . . . . . . . . | $ | 62.00 |
| (( | ||||||
| 12,000 lbs. | . . . . . . . . . . . . | $ | 79.00 | . . . . . . . . . . . . | $ | 79.00 |
| 14,000 lbs. | . . . . . . . . . . . . | $ | 90.00 | . . . . . . . . . . . . | $ | 90.00 |
| 16,000 lbs. | . . . . . . . . . . . . | $ | 102.00 | . . . . . . . . . . . . | $ | 102.00 |
| 18,000 lbs. | . . . . . . . . . . . . | $ | 154.00 | . . . . . . . . . . . . | $ | 154.00 |
| 20,000 lbs. | . . . . . . . . . . . . | $ | 171.00 | . . . . . . . . . . . . | $ | 171.00 |
| 22,000 lbs. | . . . . . . . . . . . . | $ | 185.00 | . . . . . . . . . . . . | $ | 185.00 |
| 24,000 lbs. | . . . . . . . . . . . . | $ | 200.00 | . . . . . . . . . . . . | $ | 200.00 |
| 26,000 lbs. | . . . . . . . . . . . . | $ | 211.00 | . . . . . . . . . . . . | $ | 211.00 |
| 28,000 lbs. | . . . . . . . . . . . . | $ | 249.00 | . . . . . . . . . . . . | $ | 249.00 |
| 30,000 lbs. | . . . . . . . . . . . . | $ | 287.00 | . . . . . . . . . . . . | $ | 287.00 |
| 32,000 lbs. | . . . . . . . . . . . . | $ | 346.00 | . . . . . . . . . . . . | $ | 346.00 |
| 34,000 lbs. | . . . . . . . . . . . . | $ | 368.00 | . . . . . . . . . . . . | $ | 368.00 |
| 36,000 lbs. | . . . . . . . . . . . . | $ | 399.00 | . . . . . . . . . . . . | $ | 399.00 |
| 38,000 lbs. | . . . . . . . . . . . . | $ | 438.00 | . . . . . . . . . . . . | $ | 438.00 |
| 40,000 lbs. | . . . . . . . . . . . . | $ | 501.00 | . . . . . . . . . . . . | $ | 501.00 |
| 42,000 lbs. | . . . . . . . . . . . . | $ | 521.00 | . . . . . . . . . . . . | $ | 611.00 |
| 44,000 lbs. | . . . . . . . . . . . . | $ | 532.00 | . . . . . . . . . . . . | $ | 622.00 |
| 46,000 lbs. | . . . . . . . . . . . . | $ | 572.00 | . . . . . . . . . . . . | $ | 662.00 |
| 48,000 lbs. | . . . . . . . . . . . . | $ | 596.00 | . . . . . . . . . . . . | $ | 686.00 |
| 50,000 lbs. | . . . . . . . . . . . . | $ | 647.00 | . . . . . . . . . . . . | $ | 737.00 |
| 52,000 lbs. | . . . . . . . . . . . . | $ | 680.00 | . . . . . . . . . . . . | $ | 770.00 |
| 54,000 lbs. | . . . . . . . . . . . . | $ | 734.00 | . . . . . . . . . . . . | $ | 824.00 |
| 56,000 lbs. | . . . . . . . . . . . . | $ | 775.00 | . . . . . . . . . . . . | $ | 865.00 |
| 58,000 lbs. | . . . . . . . . . . . . | $ | 806.00 | . . . . . . . . . . . . | $ | 896.00 |
| 60,000 lbs. | . . . . . . . . . . . . | $ | 859.00 | . . . . . . . . . . . . | $ | 949.00 |
| 62,000 lbs. | . . . . . . . . . . . . | $ | 921.00 | . . . . . . . . . . . . | $ | 1,011.00 |
| 64,000 lbs. | . . . . . . . . . . . . | $ | 941.00 | . . . . . . . . . . . . | $ | 1,031.00 |
| 66,000 lbs. | . . . . . . . . . . . . | $ | 1,048.00 | . . . . . . . . . . . . | $ | 1,138.00 |
| 68,000 lbs. | . . . . . . . . . . . . | $ | 1,093.00 | . . . . . . . . . . . . | $ | 1,183.00 |
| 70,000 lbs. | . . . . . . . . . . . . | $ | 1,177.00 | . . . . . . . . . . . . | $ | 1,267.00 |
| 72,000 lbs. | . . . . . . . . . . . . | $ | 1,259.00 | . . . . . . . . . . . . | $ | 1,349.00 |
| 74,000 lbs. | . . . . . . . . . . . . | $ | 1, 368.00 | . . . . . . . . . . . . | $ | 1,458.00 |
| 76,000 lbs. | . . . . . . . . . . . . | $ | 1,478.00 | . . . . . . . . . . . . | $ | 1,568.00 |
| 78,000 lbs. | . . . . . . . . . . . . | $ | 1,614.00 | . . . . . . . . . . . . | $ | 1,704.00 |
| 80,000 lbs. | . . . . . . . . . . . . | $ | 1,742.00 | . . . . . . . . . . . . | $ | 1,832.00 |
| 82,000 lbs. | . . . . . . . . . . . . | $ | 1,863.00 | . . . . . . . . . . . . | $ | 1,953.00 |
| 84,000 lbs. | . . . . . . . . . . . . | $ | 1,983.00 | . . . . . . . . . . . . | $ | 2,073.00 |
| 86,000 lbs. | . . . . . . . . . . . . | $ | 2,104.00 | . . . . . . . . . . . . | $ | 2,194.00 |
| 88,000 lbs. | . . . . . . . . . . . . | $ | 2,225.00 | . . . . . . . . . . . . | $ | 2,315.00 |
| 90,000 lbs. | . . . . . . . . . . . . | $ | 2,346.00 | . . . . . . . . . . . . | $ | 2,436.00 |
| 92,000 lbs. | . . . . . . . . . . . . | $ | 2,466.00 | . . . . . . . . . . . . | $ | 2,556.00 |
| 94,000 lbs. | . . . . . . . . . . . . | $ | 2,587.00 | . . . . . . . . . . . . | $ | 2,677.00 |
| 96,000 lbs. | . . . . . . . . . . . . | $ | 2,708.00 | . . . . . . . . . . . . | $ | 2,798.00 |
| 98,000 lbs. | . . . . . . . . . . . . | $ | 2,829.00 | . . . . . . . . . . . . | $ | 2,919.00 |
| 100,000 lbs. | . . . . . . . . . . . . | $ | 2,949.00 | . . . . . . . . . . . . | $ | 3,039.00 |
| 102,000 lbs. | . . . . . . . . . . . . | $ | 3,070.00 | . . . . . . . . . . . . | $ | 3,160.00 |
| 104,000 lbs. | . . . . . . . . . . . . | $ | 3,191.00 | . . . . . . . . . . . . | $ | 3,281.00 |
| 105,500 lbs. | . . . . . . . . . . . . | $ | 3,312.00 | . . . . . . . . . . . . | $ | 3,402.00 |
Sec. 102 RCW 46.68.035 and 2000 2nd sp.s. c 4 s 8 are each
amended to read as follows:
All proceeds from combined vehicle licensing fees received by the
director for vehicles licensed under RCW 46.16.070 and 46.16.085 shall
be forwarded to the state treasurer to be distributed into accounts
according to the following method:
(1) The sum of two dollars for each vehicle shall be deposited into
the multimodal transportation account, except that for each vehicle
registered by a county auditor or agent to a county auditor pursuant to
RCW 46.01.140, the sum of two dollars shall be credited to the current
county expense fund.
(2) The remainder shall be distributed as follows:
(a) ((23.677)) 21.963 percent shall be deposited into the state
patrol highway account of the motor vehicle fund;
(b) ((1.521)) 1.411 percent shall be deposited into the Puget Sound
ferry operations account of the motor vehicle fund; and
(c) The remaining proceeds shall be deposited into the motor
vehicle fund.
NEW SECTION. Sec. 103 Revenues attributable to the increased
gross weight fees under section 101 of this act must be expended solely
on transportation projects that directly benefit the movement of
freight.
NEW SECTION. Sec. 201 A new section is added to chapter 82.44
RCW to read as follows:
(1) There is levied and there shall be collected a vehicle transfer
tax on motor vehicles for the privilege of using the transportation
system in this state. The tax authorized by this section shall be in
addition to any other taxes authorized by law and shall be imposed on
any retail sale, lease, or use of a motor vehicle upon which a state
tax is imposed under chapter 82.08 or 82.12 RCW. However, the tax
imposed by this section does not apply to the rental of a motor
vehicle. The rate of the tax shall equal six-tenths of one percent of
the selling price when a state tax is imposed under chapter 82.08 RCW,
or six-tenths of one percent of the value of the article used when a
state tax is imposed under chapter 82.12 RCW. The meaning ascribed to
words and phrases in chapters 82.04, 82.08, and 82.12 RCW, insofar as
applicable, have full force and effect with respect to the tax imposed
by this section.
(2) For the purposes of this section, "motor vehicle" has the
meaning provided in RCW 46.04.320, but does not include farm tractors
or farm vehicles as defined in RCW 46.04.180 and 46.04.181, off-road
and nonhighway vehicles as defined in RCW 46.09.020, and snowmobiles as
defined in RCW 46.10.010.
(3) The tax imposed in this section shall be collected and remitted
in the same manner as excise taxes collected under chapters 82.08 and
82.12 RCW. The department of revenue shall collect and administer the
tax imposed by this section. All administrative provisions in chapters
82.08, 82.12, and 82.32 RCW, insofar as they are applicable, apply to
the tax imposed under this section. The department of revenue has the
power to adopt rules as may be necessary to administer the provisions
of this section. In the collection of tax imposed by this section, the
department of revenue may designate the county auditors of the several
counties of the state as its collecting agents. The county auditors
shall collect and remit the tax imposed by this section in the same
manner as the tax collected under RCW 82.12.045. No additional
collection fee shall be deductible by a county auditor remitting the
tax collected under this section. Any duties required by this section
to be performed by the county auditor may be performed by the director
of licensing but no collection fee shall be deductible by said director
in remitting the tax revenue to the state treasurer.
(4) The revenue collected under this section shall be deposited
into the multimodal transportation account created under RCW 47.66.070.
Sec. 301 RCW 82.36.025 and 1999 c 269 s 16 and 1999 c 94 s 29 are
each reenacted and amended to read as follows:
(1) A motor vehicle fuel tax rate of twenty-three cents per gallon
((shall apply)) applies to the sale, distribution, or use of motor
vehicle fuel.
(2) Beginning July 1, 2003, an additional and cumulative motor fuel
tax rate of three cents per gallon applies to the sale, distribution,
or use of motor vehicle fuel.
Sec. 302 RCW 82.38.030 and 2002 c 183 s 2 are each amended to
read as follows:
(1) There is hereby levied and imposed upon special fuel users a
tax at the rate ((computed in the manner provided in RCW 82.36.025 on
each)) of twenty-three cents per gallon of special fuel, or each one
hundred cubic feet of compressed natural gas, measured at standard
pressure and temperature.
(2) Beginning July 1, 2003, an additional and cumulative tax rate
of three cents per gallon of special fuel, or each one hundred cubic
feet of compressed natural gas, measured at standard pressure and
temperature shall be imposed on special fuel users.
(3) The tax is imposed ((by subsection (1) of this section is
imposed)) when:
(a) Special fuel is removed in this state from a terminal if the
special fuel is removed at the rack unless the removal is to a licensed
exporter for direct delivery to a destination outside of the state, or
the removal is to a special fuel distributor for direct delivery to an
international fuel tax agreement licensee under RCW 82.38.320;
(b) Special fuel is removed in this state from a refinery if either
of the following applies:
(i) The removal is by bulk transfer and the refiner or the owner of
the special fuel immediately before the removal is not a licensee; or
(ii) The removal is at the refinery rack unless the removal is to
a licensed exporter for direct delivery to a destination outside of the
state, or the removal is to a special fuel distributor for direct
delivery to an international fuel tax agreement licensee under RCW
82.38.320;
(c) Special fuel enters into this state for sale, consumption, use,
or storage if either of the following applies:
(i) The entry is by bulk transfer and the importer is not a
licensee; or
(ii) The entry is not by bulk transfer;
(d) Special fuel is sold or removed in this state to an unlicensed
entity unless there was a prior taxable removal, entry, or sale of the
special fuel;
(e) Blended special fuel is removed or sold in this state by the
blender of the fuel. The number of gallons of blended special fuel
subject to tax is the difference between the total number of gallons of
blended special fuel removed or sold and the number of gallons of
previously taxed special fuel used to produce the blended special fuel;
(f) Dyed special fuel is used on a highway, as authorized by the
internal revenue code, unless the use is exempt from the special fuel
tax;
(g) Dyed special fuel is held for sale, sold, used, or is intended
to be used in violation of this chapter;
(h) Special fuel purchased by an international fuel tax agreement
licensee under RCW 82.38.320 is used on a highway; and
(i) Special fuel is sold by a licensed special fuel supplier to a
special fuel distributor, special fuel importer, or special fuel
blender and the special fuel is not removed from the bulk transfer-terminal system.
(((3))) (4) The tax imposed by this chapter, if required to be
collected by the licensee, is held in trust by the licensee until paid
to the department, and a licensee who appropriates or converts the tax
collected to his or her own use or to any use other than the payment of
the tax to the extent that the money required to be collected is not
available for payment on the due date as prescribed in this chapter is
guilty of a felony, or gross misdemeanor in accordance with the theft
and anticipatory provisions of Title 9A RCW. A person, partnership,
corporation, or corporate officer who fails to collect the tax imposed
by this section, or who has collected the tax and fails to pay it to
the department in the manner prescribed by this chapter, is personally
liable to the state for the amount of the tax.
Sec. 303 RCW 46.68.090 and 1999 c 269 s 2 and 1999 c 94 s 6 are
each reenacted and amended to read as follows:
(1) All moneys that have accrued or may accrue to the motor vehicle
fund from the motor vehicle fuel tax and special fuel tax shall be
first expended for purposes enumerated in (a) and (b) of this
subsection. The remaining net tax amount shall be distributed monthly
by the state treasurer in ((the proportions set forth in (c) through
(l))) accordance with subsections (2), (3), and (4) of this
((subsection)) section.
(a) For payment of refunds of motor vehicle fuel tax and special
fuel tax that has been paid and is refundable as provided by law;
(b) For payment of amounts to be expended pursuant to
appropriations for the administrative expenses of the offices of state
treasurer, state auditor, and the department of licensing of the state
of Washington in the administration of the motor vehicle fuel tax and
the special fuel tax, which sums shall be distributed monthly((;)).
(((c))) (2) All of the remaining net tax amount collected under RCW
82.36.025(1) and 82.38.030(1) shall be distributed as set forth in (a)
through (j) of this section.
(a) For distribution to the motor vehicle fund an amount equal to
44.387 percent to be expended for highway purposes of the state as
defined in RCW 46.68.130;
(((d))) (b) For distribution to the special category C account,
hereby created in the motor vehicle fund, an amount equal to 3.2609
percent to be expended for special category C projects. Special
category C projects are category C projects that, due to high cost
only, will require bond financing to complete construction.
The following criteria, listed in order of priority, shall be used
in determining which special category C projects have the highest
priority:
(i) Accident experience;
(ii) Fatal accident experience;
(iii) Capacity to move people and goods safely and at reasonable
speeds without undue congestion; and
(iv) Continuity of development of the highway transportation
network.
Moneys deposited in the special category C account in the motor
vehicle fund may be used for payment of debt service on bonds the
proceeds of which are used to finance special category C projects under
this subsection (((1)(d))) (2)(b);
(((e))) (c) For distribution to the Puget Sound ferry operations
account in the motor vehicle fund an amount equal to 2.3283 percent;
(((f))) (d) For distribution to the Puget Sound capital
construction account in the motor vehicle fund an amount equal to
2.3726 percent;
(((g))) (e) For distribution to the urban arterial trust account in
the motor vehicle fund an amount equal to 7.5597 percent;
(((h))) (f) For distribution to the transportation improvement
account in the motor vehicle fund an amount equal to 5.6739 percent and
expended in accordance with RCW 47.26.086;
(((i))) (g) For distribution to the cities and towns from the motor
vehicle fund an amount equal to 10.6961 percent in accordance with RCW
46.68.110;
(((j))) (h) For distribution to the counties from the motor vehicle
fund an amount equal to 19.2287 percent: (i) Out of which there shall
be distributed from time to time, as directed by the department of
transportation, those sums as may be necessary to carry out the
provisions of RCW 47.56.725; and (ii) less any amounts appropriated to
the county road administration board to implement the provisions of RCW
47.56.725(4), with the balance of such county share to be distributed
monthly as the same accrues for distribution in accordance with RCW
46.68.120;
(((k))) (i) For distribution to the county arterial preservation
account, hereby created in the motor vehicle fund an amount equal to
1.9565 percent. These funds shall be distributed by the county road
administration board to counties in proportions corresponding to the
number of paved arterial lane miles in the unincorporated area of each
county and shall be used for improvements to sustain the structural,
safety, and operational integrity of county arterials. The county road
administration board shall adopt reasonable rules and develop policies
to implement this program and to assure that a pavement management
system is used;
(((l))) (j) For distribution to the rural arterial trust account in
the motor vehicle fund an amount equal to 2.5363 percent and expended
in accordance with RCW 36.79.020.
(((2))) (3) One hundred percent of the net tax amount collected
under RCW 82.36.025(2) and 82.38.030(2) shall be distributed to the
motor vehicle account.
(4) Nothing in this section or in RCW 46.68.130 may be construed so
as to violate any terms or conditions contained in any highway
construction bond issues now or hereafter authorized by statute and
whose payment is by such statute pledged to be paid from any excise
taxes on motor vehicle fuel and special fuels.
Sec. 304 RCW 46.68.110 and 1999 c 269 s 3 and 1999 c 94 s 9 are
each reenacted and amended to read as follows:
Funds credited to the incorporated cities and towns of the state as
set forth in RCW 46.68.090(((1)(i))) (2)(g) shall be subject to
deduction and distribution as follows:
(1) One and one-half percent of such sums distributed under RCW
46.68.090(2)(g) shall be deducted monthly as such sums are credited and
set aside for the use of the department of transportation for the
supervision of work and expenditures of such incorporated cities and
towns on the city and town streets thereof, including the supervision
and administration of federal-aid programs for which the department of
transportation has responsibility: PROVIDED, That any moneys so
retained and not expended shall be credited in the succeeding biennium
to the incorporated cities and towns in proportion to deductions herein
made;
(2) Thirty-three one-hundredths of one percent of such funds
distributed under RCW 46.68.090(2)(g) shall be deducted monthly, as
such funds accrue, and set aside for the use of the department of
transportation for the purpose of funding the cities' share of the
costs of highway jurisdiction studies and other studies. Any funds so
retained and not expended shall be credited in the succeeding biennium
to the cities in proportion to the deductions made;
(3) One percent of such funds distributed under RCW 46.68.090(2)(g)
shall be deducted monthly, as such funds accrue, to be deposited in the
urban arterial trust account, to implement the city hardship assistance
program, as provided in RCW 47.26.164. However, any moneys so retained
and not required to carry out the program as of July 1st of each odd-numbered year thereafter, shall be provided within sixty days to the
treasurer and distributed in the manner prescribed in subsection (5) of
this section;
(4) After making the deductions under subsections (1) through (3)
of this section and RCW 35.76.050, 31.86 percent of the fuel tax
distributed to the cities and towns in RCW 46.68.090(((1)(i))) (2)(g)
shall be allocated to the incorporated cities and towns in the manner
set forth in subsection (5) of this section and subject to deductions
in subsections (1), (2), and (3) of this section, subject to RCW
35.76.050, to be used exclusively for: The construction, improvement,
chip sealing, seal-coating, and repair for arterial highways and city
streets as those terms are defined in RCW 46.04.030 and 46.04.120; the
maintenance of arterial highways and city streets for those cities with
a population of less than fifteen thousand; or the payment of any
municipal indebtedness which may be incurred in the construction,
improvement, chip sealing, seal-coating, and repair of arterial
highways and city streets; and
(5) The balance remaining to the credit of incorporated cities and
towns after such deduction shall be apportioned monthly as such funds
accrue among the several cities and towns within the state ratably on
the basis of the population last determined by the office of financial
management.
Sec. 305 RCW 82.38.035 and 2001 c 270 s 7 are each amended to
read as follows:
(1) A licensed supplier shall remit tax on special fuel to the
department as provided in RCW 82.38.030(((2)(a))) (3)(a). On a two-party exchange, or buy-sell agreement between two licensed suppliers,
the receiving exchange partner or buyer shall remit the tax.
(2) A refiner shall remit tax to the department on special fuel
removed from a refinery as provided in RCW 82.38.030(((2)(b))) (3)(b).
(3) An importer shall remit tax to the department on special fuel
imported into this state as provided in RCW 82.38.030(((2)(c))) (3)(c).
(4) A blender shall remit tax to the department on the removal or
sale of blended special fuel as provided in RCW 82.38.030(((2)(e)))
(3)(e).
(5) A dyed special fuel user shall remit tax to the department on
the use of dyed special fuel as provided in RCW 82.38.030(((2)(f)))
(3)(f).
Sec. 306 RCW 82.38.047 and 1998 c 176 s 55 are each amended to
read as follows:
A terminal operator is jointly and severally liable for remitting
the tax imposed under RCW 82.38.030(((1))) if, in connection with the
removal of special fuel that is not dyed or marked in accordance with
internal revenue service requirements, the terminal operator provides
a person with a bill of lading, shipping paper, or similar document
indicating that the special fuel is dyed or marked in accordance with
internal revenue service requirements.
Sec. 307 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)) of twenty cents per
gallon of motor vehicle fuel, 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 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. 308 RCW 46.10.170 and 1994 c 262 s 4 are each amended to
read as follows:
From time to time, but at least once each four years, the
department shall determine the amount of moneys paid to it as motor
vehicle fuel tax that is tax on snowmobile fuel. Such determination
shall use one hundred thirty-five gallons as the average yearly fuel
usage per snowmobile, the number of registered snowmobiles during the
calendar year under determination, and the fuel tax rate ((in effect
January 1, 1990)) of twenty cents per gallon of motor vehicle fuel.
Sec. 309 RCW 79A.25.070 and 2000 c 11 s 73 are each amended to
read as follows:
Upon expiration of the time limited by RCW 82.36.330 for claiming
of refunds of tax on marine fuel, the state of Washington shall succeed
to the right to such refunds. The director of licensing, after taking
into account past and anticipated claims for refunds from and deposits
to the marine fuel tax refund account and the costs of carrying out the
provisions of RCW 79A.25.030, shall request the state treasurer to
transfer monthly from the marine fuel tax refund account an amount
equal to the proportion of the moneys in the account representing the
motor vehicle fuel tax rate ((under RCW 82.36.025 in effect on January
1, 1990)) of twenty cents per gallon of motor vehicle fuel, to the
recreation resource account and the remainder to the motor vehicle
fund.
NEW SECTION. Sec. 401 A new section is added to chapter 70.94
RCW to read as follows:
In addition to other fees and taxes required under this chapter,
registered owners of motor vehicles as defined in RCW 46.04.320 shall
annually, upon renewal, pay a clean air fee of two dollars. The
proceeds of this clean air fee must be deposited in a segregated
subaccount of the air pollution control account created in RCW
70.94.015.
NEW SECTION. Sec. 402 A new section is added to chapter 70.94
RCW to read as follows:
(1) Money from the clean air fee under section 401 of this act may
be used for any purpose under this chapter, including but not limited
to the following:
(a) Retrofitting motor vehicles, including school buses and transit
fleets, with exhaust emission control devices;
(b) Reducing air contaminant emissions and cleaning up air
pollution;
(c) Reducing and eliminating toxic air contaminants;
(d) Providing funding for the differential costs of cleaner and
alternative fuels and vehicles that reduce air emissions and allow
advanced exhaust emission control devices to be used, including
ultralow sulfur diesel fuel, biodiesel, and natural gas;
(e) Providing funding for infrastructure necessary to allow fleets
to use alternative, cleaner fuels; and
(f) Administrative and operating costs of air pollution control
authorities and, where there is no air pollution control agency, the
department, to develop and oversee the air pollution cleanup programs
identified in this section.
(2) Money from the clean air fee under section 401 of this act is
subject to distribution as follows:
(a) Eighty percent of the money must be distributed to the air
pollution control authorities created under this chapter. The money
must be distributed in direct proportion with the amount of fees
imposed under section 401 of this act that are collected within the
boundaries of each authority. However, an amount in direct proportion
with those fees collected in counties for which no air pollution
control authority exists must be distributed to the department.
(b) Twenty percent of the money from the fee under section 401 of
this act must be distributed to the department and used by the
department for the following purposes:
(i) Retrofitting motor vehicles, including school buses and transit
fleets, with exhaust emission control devices;
(ii) Reducing air contaminant emissions and cleaning up air
pollution;
(iii) Reducing and eliminating toxic air contaminants;
(iv) Providing funding for the differential costs of cleaner and
alternative fuels and vehicles that reduce air emissions and allow
advanced exhaust emission control devices to be used, including
ultralow sulfur diesel fuel, biodiesel, and natural gas;
(v) Providing funding for infrastructure necessary to allow fleets
to use alternative, cleaner fuels; and
(vi) Administrative and operating costs of air pollution control
authorities and, where there is no air pollution control agency, the
department, to develop and oversee the air pollution cleanup programs
identified in this section.
(3) Money in the air pollution control account may be spent by the
department only after appropriation.
NEW SECTION. Sec. 501
NEW SECTION. Sec. 502 (1) The legislature finds that the state's
transportation system is in critical need of repair, restoration, and
enhancement. Bridges and major highway structures are at risk of
failure during a seismic episode; ferry vessels are aged and nearing
the end of their useful life; increased traffic congestion on state
highways and local roadways threatens the state's economic vitality and
quality of life; highways in some areas are experiencing high accident
rates; and the mobility of persons with special needs or who live in
rural areas has been greatly impaired by cuts in public transportation
services, thus threatening our citizens' ability to access health care,
job opportunities, and educational institutions. The revenues
generated by this act are dedicated to funds, accounts, and activities
that are critically necessary to improve the delivery of state
transportation projects and services.
(2) This act is necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and
its existing public institutions, and takes effect July 1, 2003.