BILL REQ. #: S-4505.1
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 02/03/12.
AN ACT Relating to establishing an air pollution offset program; amending RCW 70.120.070; adding new sections to chapter 70.94 RCW; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 70.94 RCW
to read as follows:
(1) The department shall establish a program providing for the
replacement of both uncertified solid fuel burning devices and solid
fuel burning devices manufactured prior to 1995 for low-income
households in air quality nonattainment areas under the federal clean
air act (42 U.S.C. Sec. 7401 et seq.) or areas that are at risk of
being in violation of federal clean air standards. The department may
augment existing solid fuel burning device emission reduction programs
but must comply with the restrictions and conditions in subsection (2)
of this section.
(2) The program must:
(a) Provide for the replacement of solid fuel burning devices for
low-income households as defined by the department;
(b) Provide for the replacement of solid fuel burning devices with
priority given to nonattainment areas where a major source of the air
pollution is from solid fuel burning devices emissions; and
(c) Provide for a replacement heating device with priority given to
a heating device that will lower solid fuel burning device emissions
and is most cost-effective for household recipients to operate.
(3) Any county that elects to participate in the program
established in this section must provide twenty-five percent matching
funds. The recipient county may not use state funds to match funds
from the air pollution offset account established in section 2 of this
act unless authorized in the omnibus appropriations act.
(4) The department shall use the air pollution offset account
established in section 2 of this act as the source for the state match
and may use other sources as authorized in the omnibus appropriations
act.
(5) The department must report annually to the legislature
regarding: (a) Revenue and expenditure information; (b) the
participating counties; (c) the number of solid fuel burning devices
replaced; and (d) the number of uncertified solid fuel burning devices
still remaining. The first report is due twelve months from the
effective date of this section.
NEW SECTION. Sec. 2 A new section is added to chapter 70.94 RCW
to read as follows:
The air pollution offset account is created in the state treasury.
All receipts from the air pollution offset fee established in RCW
70.120.070 must be deposited in the account. Other moneys deposited in
the account may include transfers from other funds, federal and private
grants, gifts, donations, assessments, fees, charges, or other revenue
sources related to air pollution control measures. Moneys in the
account may only be spent after appropriation. Expenditures from the
account may only be used to implement the provisions of section 1 of
this act or other air pollution abatement programs in nonattainment
areas or areas at risk of nonattainment and pursuant to the omnibus
appropriations act. The department may not use more than five percent
of the amounts collected under this section for administration.
Sec. 3 RCW 70.120.070 and 1998 c 342 s 2 are each amended to read
as follows:
(1) Except as provided in subsection (3) of this section, any
person:
(a) Whose motor vehicle is tested pursuant to this chapter and
fails to comply with the emission standards established for the
vehicle; and
(b) Who, following such a test, expends more than one hundred
dollars on a 1980 or earlier model year motor vehicle or expends more
than one hundred fifty dollars on a 1981 or later model year motor
vehicle for repairs solely devoted to meeting the emission standards
and that are performed by a certified emission specialist authorized by
RCW 70.120.020(2)(a); and
(c) Whose vehicle fails a retest, may be issued a certificate of
acceptance if (i) the vehicle has been in use for more than five years
or fifty thousand miles, and (ii) any component of the vehicle
installed by the manufacturer for the purpose of reducing emissions, or
its appropriate replacement, is installed and operative.
To receive the certificate, the person must document compliance
with (b) and (c) of this subsection to the satisfaction of the
department.
Should any provision of (b) of this subsection be disapproved by
the administrator of the United States environmental protection agency,
all vehicles shall be required to expend at least four hundred fifty
dollars to qualify for a certificate of acceptance.
(2) Persons who fail the initial tests shall be provided with:
(a) Information regarding the availability of federal warranties
and certified emission specialists;
(b) Information on the availability and procedure for acquiring
license trip-permits;
(c) Information on the availability and procedure for receiving a
certificate of acceptance; and
(d) The local phone number of the department's local vehicle
specialist.
(3) Until January 1, 2020, any person whose motor vehicle is twenty
years old or older, is tested pursuant to this chapter, and fails to
comply with the emission standards established for the vehicle may:
(a) Comply with subsection (1) of this section; or
(b) Be issued a certificate of acceptance if, following such a
failure: (i) The person pays to the inspection station established in
RCW 70.120.170 an air pollution offset fee of one hundred fifty
dollars; (ii) any component of the vehicle installed by the
manufacturer for the purpose of reducing emissions, or its appropriate
replacement, is installed and operative; and (iii) the person documents
compliance with this subsection to the satisfaction of the department.
(4) Moneys collected from the air pollution offset fee under
subsection (3) of this section must be deposited in the air pollution
offset account established in section 2 of this act.
(5) If any provision of subsection (3) of this section is
disapproved by the administrator of the United States environmental
protection agency, all vehicles subject to this section must comply
with subsection (1) of this section. The department must consult with
the United States environmental protection agency to allow
complementary pollution reduction strategies for approved state
implementation plans.
NEW SECTION. Sec. 4 Sections 1 through 3 of this act expire
January 1, 2020.