S-2444               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 4255

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Parks and Ecology (originally sponsored by Senators McDermott and Kreidler)

Read first time 3/8/85.

AN ACT Relating to hazardous substances; and creating new sections.

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

NEW SECTION. Sec. 1.     (1) The legislature finds and declares that the improper, irresponsible, and illegal release of hazardous substances into the environment presents a real and substantial threat to the public health and welfare, the state's environment, and the enhancement of its economy; that the dangers posed by these releases of hazardous substances can be minimized by their prompt identification and cleanup, and that existing funding sources are inadequate to finance such cleanup.  Therefore, the legislature concludes that it is in the best interest of all segments of the state's economy and all of its citizens to expand and enhance the department of ecology's hazardous waste remedial action program and to establish a mechanism to finance the cleanup of releases and threatened releases of hazardous substances.

          (2) In order to begin achievement of this objective, the legislature directs the department of ecology to conduct a study and prepare implementing legislation which:  (a) Defines the nature of the release of hazardous substances into the environment; (b) documents the projected funding needs and management and administrative approach necessary to identify and remove the released hazardous substances; and (c) creates a mechanism to finance the cleanup of released hazardous substances.

NEW SECTION. Sec. 2.     (1) The elements of the study shall incorporate and include:

          (a) Any prior work done by the department in developing and funding a hazardous substance removal program;

          (b) A statement of the hazardous substance release problem including identification of the known hazardous substance sites, projected additional sites, and the nature of the threats at the sites;

          (c) A projection of the department's short and long-term funding needs for remediation of current and projected sites.  The projections shall incorporate the most current average site remediation cost data, the potential of responsible parties taking remedial action at sites, potential cost recovery actions, and the amount of federal funds projected to be available;

          (d) The cost to the state of no action or delayed action at the sites;

          (e) A management and administrative scheme which displays the department's capability to effectively and efficiently implement the proposed remedial action program;

          (f) Mechanisms to finance the proposed remedial action program which provide an equitable and reliable multiyear source of dedicated revenue;

          (g) A discussion of the analytic approach, description of the mechanisms, connection to the environmental problem, revenue estimates, distribution of the economic burden, and administrative requirements;

          (h) A discussion and calculation of the economic and equity effects of the funding mechanisms upon public and private entities and individuals; and

          (i) Incentives for businesses that participate in cleanup or act to prevent the need for cleanup.

          (2) The study and proposed implementing legislation shall be completed not later than November 1, 1985, and shall be provided to the chairs of the senate ways and means and parks and ecology committees and the house ways and means and environmental affairs committees.

NEW SECTION. Sec. 3.     (1) The director shall establish an ad hoc advisory committee to advise and assist the department in developing and preparing the report and legislation as required by section 1 of this act.

          (2) The advisory committee shall include representatives of federal, state, and local government, business, citizen groups such as environmental and public interest groups, and other parties as deemed appropriate by the director.

          (3) The director shall designate the chair of the advisory committee.

          (4) Members of the advisory committee shall receive reimbursement of their travel expenses as provided in RCW 43.03.050 and 43.03.060.