BILL REQ. #: Z-0835.2
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/18/12. Referred to Committee on Capital Budget.
AN ACT Relating to establishing a water pollution control revolving administration fee; amending RCW 90.50A.010; reenacting and amending RCW 43.84.092; adding a new section to chapter 90.50A RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 90.50A.010 and 1988 c 284 s 2 are each amended to read
as follows:
((Unless the context clearly requires otherwise,)) The definitions
in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Eligible cost" means the cost of that portion of a water
pollution control facility or activity that can be financed under this
chapter.
(3) "Fund" means the water pollution control revolving fund in the
custody of the state treasurer.
(4) "Water pollution control facility" or "water pollution control
facilities" means any facilities or systems owned or operated by a
public body for the control, collection, storage, treatment, disposal,
or recycling of wastewater, including but not limited to sanitary
sewage, storm water, combined sewer overflows, residential, commercial,
industrial, and agricultural wastes, which are causing water quality
degradation due to concentrations of conventional, nonconventional, or
toxic pollutants. Water pollution control facilities include all
equipment, utilities, structures, real property, and interests in and
improvements on real property necessary for or incidental to such
purpose. Water pollution control facilities also include such
facilities, equipment, and collection systems as are necessary to
protect federally designated sole source aquifers.
(5) "Water pollution control activities" means actions taken by a
public body for the following purposes: (a) To control nonpoint
sources of water pollution; (b) to develop and implement a
comprehensive management plan for estuaries; and (c) to maintain or
improve water quality through the use of water pollution control
facilities or other means.
(6) "Public body" means the state of Washington or any agency,
county, city or town, other political subdivision, municipal
corporation or quasi-municipal corporation, and those Indian tribes now
or hereafter recognized as such by the federal government.
(7) "Water pollution" means such contamination, or other alteration
of the physical, chemical, or biological properties of any waters of
the state, including change in temperature, taste, color, turbidity, or
odor of the waters, or such discharge of any liquid, gaseous, solid,
radioactive, or other substance into any waters of the state as will or
is likely to create a nuisance or render such waters harmful,
detrimental, or injurious to the public health, safety, or welfare, or
to domestic, commercial, industrial, agricultural, recreational, or
other legitimate beneficial uses, or to livestock, wild animals, birds,
fish, or other aquatic life.
(8) "Nonpoint source water pollution" means pollution that enters
any waters of the state from any dispersed water-based or land-use
activities, including, but not limited to, atmospheric deposition,
surface water runoff from agricultural lands, urban areas, and forest
lands, subsurface or underground sources, and discharges from boats or
other marine vessels.
(9) "Federal capitalization grants" means grants from the federal
government provided by the water quality act of 1987 (P.L. 100-4).
(10) "Debt service" means the total of all principal, interest, and
fees associated with a water pollution control revolving fund loan that
must be repaid to the department by the public body.
NEW SECTION. Sec. 2 A new section is added to chapter 90.50A RCW
to read as follows:
(1) The water pollution control revolving administration account is
created in the state treasury. All receipts from fees authorized in
this section must be deposited in the account. Moneys in the account
may be spent only after appropriation. Expenditures from the account
may be used only in a manner consistent with this section.
(2) The department is authorized to charge administration fees as
a portion of the debt service for loans issued under the water
pollution control revolving fund created in RCW 90.50A.020. The
department must charge administration fees on each water pollution
control revolving fund loan. Loans that are at an interest rate below
one-half of one percent are exempt from the administration fee charge.
(3) The water pollution control revolving administration account
consists of:
(a) Any administration fee levied by the department in conjunction
with administration of the water pollution control revolving fund; and
(b) Any other revenues derived from gifts, grants, or bequests
pledged to the state for the purpose of administering the water
pollution control revolving fund.
(4) The state treasurer may invest and reinvest moneys in the water
pollution control revolving administration account in the manner
provided by law. All earnings from such investment and reinvestment
must be credited to the water pollution control revolving
administration account.
(5) Moneys in the water pollution control revolving administration
account are to be used for the following:
(a) The cost of staffing the management of the water pollution
control revolving fund loan program;
(b) The costs of administering loans and collecting loan
repayments;
(c) The costs associated with information and data systems used to
track and manage the water pollution control revolving fund; and
(d) Other costs associated with administering the water pollution
control revolving fund loan program.
(6) Each biennium, the department may spend from the water
pollution control revolving administration account an amount no greater
than four percent of the water pollution control revolving fund new
capital appropriation. After determining the administration costs,
holding an adequate working capital reserve, taking into account the
four percent of the new appropriation, and comparing those amounts
against the water pollution control revolving administration account
balance, the department may determine the account has an excess
balance. If the department determines there is an excess balance, it
must request the excess balance be transferred from the water pollution
control revolving administration account to the water pollution control
revolving fund in the next budget submittal.
Sec. 3 RCW 43.84.092 and 2011 1st sp.s. c 16 s 6, 2011 1st sp.s.
c 7 s 22, 2011 c 369 s 6, 2011 c 339 s 1, 2011 c 311 s 9, 2011 c 272 s
3, 2011 c 120 s 3, and 2011 c 83 s 7 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 aeronautics account, the
aircraft search and rescue account, the budget stabilization account,
the capital vessel replacement account, 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 cleanup settlement account, the Columbia
river basin water supply development account, the Columbia river basin
taxable bond water supply development account, the Columbia river basin
water supply revenue recovery account, the common school construction
fund, the county arterial preservation account, the county criminal
justice assistance account, the county sales and use tax equalization
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of licensing services
account, the department of retirement systems expense account, the
developmental disabilities community trust 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 Interstate 405
express toll lanes operations account, the education construction fund,
the education legacy trust account, the election account, the energy
freedom account, the energy recovery act account, the essential rail
assistance account, The Evergreen State College capital projects
account, the federal forest revolving account, the ferry bond
retirement fund, the freight congestion relief account, the freight
mobility investment account, the freight mobility multimodal account,
the grade crossing protective fund, the public health services account,
the health system capacity account, the high capacity transportation
account, the state higher education construction account, the higher
education construction account, the highway bond retirement fund, the
highway infrastructure account, the highway safety account, the high
occupancy toll lanes operations account, the hospital safety net
assessment fund, 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 marine resources stewardship trust
account, the medical aid account, the mobile home park relocation fund,
the motor vehicle fund, the motorcycle safety education account, the
multiagency permitting team account, 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 pension funding
stabilization 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 public
transportation systems account, the public works assistance account,
the Puget Sound capital construction account, the Puget Sound ferry
operations account, the Puyallup tribal settlement account, the real
estate appraiser commission account, the recreational vehicle account,
the regional mobility grant program account, the resource management
cost account, the rural arterial trust account, the rural mobility
grant program account, the rural Washington loan fund, the site closure
account, the skilled nursing facility safety net trust fund, the small
city pavement and sidewalk account, the special category C 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 state patrol highway account, the state route number 520
civil penalties account, the state route number 520 corridor account,
the state wildlife account, 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 2003 account (nickel account),
the transportation equipment fund, the transportation fund, the
transportation improvement account, the transportation improvement
board bond retirement account, the transportation infrastructure
account, the transportation partnership account, the traumatic brain
injury account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building
account, the volunteer firefighters' and reserve officers' relief and
pension principal fund, the volunteer firefighters' and reserve
officers' administrative fund, the Washington judicial retirement
system account, the Washington law enforcement officers' and
firefighters' system plan 1 retirement account, the Washington law
enforcement officers' and firefighters' system plan 2 retirement
account, the Washington public safety employees' plan 2 retirement
account, the Washington school employees' retirement system combined
plan 2 and 3 account, the Washington state economic development
commission 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 administration
account, 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.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(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.
NEW SECTION. Sec. 4 Section 2 of this act is remedial in nature
and applies retroactively to July 1, 2007, and thereafter.