CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 5036

Chapter 169, Laws of 2011

62nd Legislature
2011 Regular Session



DERELICT VESSEL AND INVASIVE SPECIES REMOVAL FEE



EFFECTIVE DATE: 07/22/11

Passed by the Senate April 14, 2011
  YEAS 37   NAYS 8

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House April 7, 2011
  YEAS 92   NAYS 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5036 as passed by the Senate and the House of Representatives on the dates hereon set forth.

THOMAS HOEMANN
________________________________________    
Secretary
Approved April 27, 2011, 1:57 p.m.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington		 
FILED
April 27, 2011







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE SENATE BILL 5036
_____________________________________________

AS AMENDED BY THE HOUSE

Passed Legislature - 2011 Regular Session
State of Washington62nd Legislature2011 Regular Session

By Senate Natural Resources & Marine Waters (originally sponsored by Senators Regala, Swecker, and Fraser; by request of Department of Fish and Wildlife and Department of Ecology)

READ FIRST TIME 01/28/11.   



     AN ACT Relating to the derelict vessel and invasive species removal fee; and amending RCW 88.02.640, 43.21A.667, 43.43.400, and 77.12.879.

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

Sec. 1   RCW 88.02.640 and 2010 c 161 s 1028 are each amended to read as follows:
     (1) In addition to any other fees and taxes required by law, the department, county auditor or other agent, or subagent appointed by the director shall charge the following vessel fees:

FEEAMOUNTAUTHORITYDISTRIBUTION
(a) Dealer temporary permit$5.00RCW 88.02.800(2)General fund
(b) Derelict vessel and invasive species removalSubsection (3) of this sectionSubsections (3) and (4) of this sectionSubsection (3) of this section
(c) Duplicate registration$1.25RCW 88.02.590(1)(c)General fund
(d) FilingRCW 46.17.005RCW 46.17.005RCW 46.68.440
(e) License plate technologyRCW 46.17.015RCW 46.17.015RCW 46.68.400
(f) License serviceRCW 46.17.025RCW 46.17.025RCW 46.68.220
(g) Nonresident vessel permit$25.00RCW 88.02.620(3)Subsection (6) of this section
(h) Registration$10.50RCW 88.02.560(2)General fund
(i) Replacement decal$1.25RCW 88.02.595(1)(c)General fund
(j) Title application$5.00RCW 88.02.515General fund
(k) Transfer$1.00RCW 88.02.560(7)General fund
(l) Vessel visitor permit$30.00RCW 88.02.610(3)General fund


     (2) The five dollar dealer temporary permit fee required in subsection (1) of this section must be credited to the payment of registration fees at the time application for registration is made.
     (3)(a) ((Until June 30, 2012,)) The derelict vessel and invasive species removal fee required in subsection (1) of this section is five dollars and must be distributed as follows:
     (i) One dollar and fifty cents must be deposited in the aquatic invasive species prevention account created in RCW 77.12.879;
     (ii) One dollar must be deposited into the ((freshwater)) aquatic algae control account created in RCW 43.21A.667;
     (iii) Fifty cents must be deposited into the aquatic invasive species enforcement account created in RCW 43.43.400; and
     (iv) Two dollars must be deposited in the derelict vessel removal account created in RCW 79.100.100.
     (b) ((On and after June 30, 2012, the derelict vessel and invasive species removal fee is two dollars and must be deposited into the derelict vessel removal account created in RCW 79.100.100.)) If the department of natural resources indicates that the balance of the derelict vessel removal account, not including any transfer or appropriation of funds into the account or funds deposited into the account collected under subsection (5) of this section reaches one million dollars as of March 1st of any year, the collection of the two dollars of the derelict vessel and invasive species removal fee that is deposited into the derelict vessel removal account as authorized in (a)(iv) of this subsection must be suspended for the following fiscal year.
     (4) Until January 1, 2014, an annual derelict vessel removal surcharge of one dollar must be charged with each vessel registration. The surcharge:
     (a) Is to address the significant backlog of derelict vessels accumulated in Washington state waters that pose a threat to the health and safety of the people and to the environment;
     (b) Is to be used only for the removal of vessels that are less than seventy-five feet in length; and
     (c) Must be deposited into the derelict vessel removal account created in RCW 79.100.100.
     (5) The twenty-five dollar nonresident vessel permit fee must be paid by the vessel owner to the department for the cost of providing the identification document by the department. Any moneys remaining from the fee after the payment of costs must be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.655.
     (6) The thirty dollar vessel visitor permit fee must be distributed as follows:
     (a) Five dollars must be deposited in the derelict vessel removal account created in RCW 79.100.100;
     (b) The department may keep an amount to cover costs for providing the vessel visitor permit;
     (c) Any moneys remaining must be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.655; and
     (d) Any fees required for licensing agents under RCW 46.17.005 are in addition to any other fee or tax due for the titling and registration of vessels.

Sec. 2   RCW 43.21A.667 and 2009 c 564 s 933 are each amended to read as follows:
     (1) The ((freshwater)) aquatic algae control account is created in the state treasury. Moneys directed to the account from RCW ((88.02.050)) 88.02.640 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.
     (2) Funds in the ((freshwater)) aquatic algae control account may be appropriated to the department to develop a freshwater and saltwater aquatic algae control program and may be used to establish contingency funds for emergent issues. Funds must be expended as follows:
     (a) As grants to cities, counties, tribes, special purpose districts, and state agencies: (i) To manage excessive freshwater and saltwater nuisance algae, with priority for the treatment of lakes in which harmful algal blooms have occurred within the past three years; and ((during the 2009-2011 fiscal biennium to provide grants)) (ii) for ((sea lettuce research)) freshwater and saltwater nuisance algae monitoring and removal ((to assist Puget Sound communities that are impacted by hyperblooms of sea lettuce)); and
     (b) To provide technical assistance to applicants and the public about aquatic algae control.
     (3) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005. The first report is due December 1, 2007.
     (4) For the purposes of this section, "saltwater nuisance algae" means native invasive algae (sea lettuce), nonnative invasive algae, and algae producing harmful toxins.

Sec. 3   RCW 43.43.400 and 2007 c 350 s 1 are each amended to read as follows:
     (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise:
     (a) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under RCW 77.08.010 (((49) through (54))) (28), (40), (44), (58), and (59), aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).
     (b) "Recreational and commercial watercraft" includes the boat, as well as equipment used to transport the boat, and any auxiliary equipment such as attached or detached outboard motors.
     (2) The aquatic invasive species enforcement account is created in the state treasury. Moneys directed to the account from RCW ((88.02.050)) 88.02.640 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.
     (3) Funds in the aquatic invasive species enforcement account may be appropriated to the Washington state patrol and the department of fish and wildlife to develop an aquatic invasive species enforcement program for recreational and commercial watercraft, which includes equipment used to transport the watercraft and auxiliary equipment such as attached or detached outboard motors. Funds must be expended as follows:
     (a) By the Washington state patrol, to inspect recreational and commercial watercraft that are required to stop at port of entry weigh stations managed by the Washington state patrol. The watercraft must be inspected for the presence of aquatic invasive species; and
     (b) By the department of fish and wildlife to:
     (i) Establish random check stations, to inspect recreational and commercial watercraft as provided for in RCW 77.12.879(3);
     (ii) Inspect or delegate inspection of recreational and commercial watercraft. If the department conducts the inspection, there will be no cost to the person requesting the inspection;
     (iii) Provide training to all department employees that are deployed in the field to inspect recreational and commercial watercraft; and
     (iv) Provide an inspection receipt verifying that the watercraft is not contaminated after the watercraft has been inspected at a check station or has been inspected at the request of the owner of the recreational or commercial watercraft. The inspection receipt is valid until the watercraft is used again.
     (4) The Washington state patrol and the department of fish and wildlife shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005. The first report is due December 1, 2007.

Sec. 4   RCW 77.12.879 and 2009 c 333 s 22 are each amended to read as follows:
     (1) The aquatic invasive species prevention account is created in the state treasury. Moneys directed to the account from RCW ((88.02.050)) 88.02.640 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.
     (2) Funds in the aquatic invasive species prevention account may be appropriated to the department to develop an aquatic invasive species prevention program for recreational and commercial watercraft. Funds must be expended as follows:
     (a) To inspect recreational and commercial watercraft;
     (b) To educate general law enforcement officers on how to enforce state laws relating to preventing the spread of aquatic invasive species;
     (c) To evaluate and survey the risk posed by recreational and commercial watercraft in spreading aquatic invasive species into Washington state waters;
     (d) To evaluate the risk posed by float planes in spreading aquatic invasive species into Washington state waters; and
     (e) To implement an aquatic invasive species early detection and rapid response plan. The plan must address the treatment and immediate response to the introduction to Washington waters of aquatic invasive species. Agency and public review of the plan must be conducted under chapter 43.21C RCW, the state environmental policy act. If the implementation measures or actions would have a probable significant adverse environmental impact, a detailed statement under chapter 43.21C RCW must be prepared on the plan.
     (3) Funds in the aquatic invasive species enforcement account created in RCW 43.43.400 may be appropriated to the department and Washington state patrol to develop an aquatic invasive species enforcement program for recreational and commercial watercraft. The department shall provide training to Washington state patrol employees working at port of entry weigh stations, and other local law enforcement employees, on how to inspect recreational and commercial watercraft for the presence of aquatic invasive species. A person who enters Washington by road transporting any commercial or recreational watercraft that has been used in any designated aquatic invasive species state or foreign country as defined by rule of the department must have in his or her possession valid documentation that the watercraft has been inspected and found free of aquatic invasive species. The department is authorized to require persons transporting recreational and commercial watercraft to stop at check stations. Check stations must be plainly marked by signs, operated by at least one uniformed fish and wildlife officer, and operated in a safe manner. Any person stopped at a check station who possesses a recreational or commercial watercraft that has been used in any designated aquatic invasive species state or foreign country as defined by rule of the department, or that is contaminated with aquatic invasive species, must bear the expense for any necessary impoundment, transportation, cleaning, and decontamination of the watercraft. Any person stopped at a check station who possesses a recreational or commercial watercraft that has been used in any designated aquatic invasive species state or foreign country as defined by rule of the department, or that is contaminated with aquatic invasive species, is exempt from the criminal penalties found in RCW 77.15.253 and 77.15.290, and forfeiture under RCW 77.15.070, if that person complies with all department directives for the proper decontamination of the watercraft and equipment.
     (4) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005.


         Passed by the Senate April 14, 2011.
         Passed by the House April 7, 2011.
         Approved by the Governor April 27, 2011.
         Filed in Office of Secretary of State April 27, 2011.