HOUSE BILL REPORT

HB 1622

BYRepresentatives Belcher, Rust, Bowman, Valle, Brumsickle, Jesernig and Haugen

Revising laws concerning recreational boating.

House Committe on Natural Resources & Parks

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Belcher, Chair;K. Wilson; Vice Chair; Beck, Ranking Republican Member; Brumsickle, Dellwo, Ferguson,R. Fisher, Hargrove, Raiter and Sayan.

Minority Report:  Do not pass.  (1)

      Signed by Representative Fuhrman.

House Staff:Bill Koss (786-7129)

Rereferred House Committee on Appropriations

Majority Report:  The substitute bill by Committee on Natural Resources & Parks as amended by Committee on Appropriations be substituted therefor and the substitute bill as amended do pass. (20)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Belcher, Bowman, Braddock, Brekke, Brough, Dorn, Ebersole, Ferguson, Hine, May, McLean, Rust, Sayan, Spanel, Valle, Wang and Wineberry.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Silver, Ranking Republican Member; and Padden.

House Staff:      Nancy Stevenson (786-7136)

AS REPORTED BY COMMITTEE ON APPROPRIATIONS

MARCH 5, 1989

BACKGROUND:

Pollutants entering state waters from boats and marinas have been identified as a significant source of non-point pollution.  In 1985, the Department of Ecology estimated that throughout Puget Sound the contribution of sewage from recreational boats was equivalent to that of a city of 100,000 discharging primary treated sewage.  Some studies have shown that watercraft concentrated in marinas or coves or bays for several days can have noticeable short term effects on the number of bacteria in the aquatic environment. Sewage discharges from boats in parts of Puget Sound may cause problems due to a combination of a large number of boats mooring overnight in bays with small water volumes.  In some instances, shellfish near these waters become contaminated.

It is estimated that only about 10 percent of registered vessels are equipped with installed toilets.  Many others have portable toilets which do not discharge overboard unless dumped over the side.  The great majority of boats that are equipped with sanitation devices require access to pumpout facilities.  At the direction of the Puget Sound Water Quality Authority, a boater's task force was formed in 1987 consisting of state agencies, boating groups, and others to explore the need for pumpout facilities at existing and new moorage facilities on Puget Sound.  The task force was also to design an education program to encourage proper waste disposal by recreational boaters.

Washington currently has a boating accident fatality rate that is more than double the national average. The State Parks and Recreation Commission administers a boating safety education program.  In 1987, the Legislature directed the commission to review state boating safety efforts in light of the high number of boating accidents on Washington's waters.  Working with the boater's task force, State Parks has identified additional educational measures which may decrease such accidents.

SUMMARY:

SUBSTITUTE BILL:

AT MARINAS AND BOAT LAUNCHES

The State Parks and Recreation Commission shall identify polluted and environmentally sensitive waters in the state.  Marinas located in such areas, or marinas with 125 or more slips where pumpout facilities are not located within a reasonable distance, may be designated as eligible to receive state funding support for the installation of sewage pumpouts or dump stations.  Other marinas may also be designated, based upon specified criteria.

Funding for installation of pumpout or dump station facilities shall be provided to marinas through contracts with the commission.  Contracts may be awarded to publicly owned, tribally owned, or privately owned marinas.  Eligible costs for reimbursement include purchase, installation, major renovation, utility connections, necessary pier or dock space, or other costs determined by the commission.  Ownership is to be retained by the state in private marinas and by the administering local public entity with respect to public marinas.

Facilities installed must be accessible for public use free of charge for at least a ten-year period.  The applicant must also agree to pay a fee for periodic inspection by the local health department and to encourage public use of the pumpout facilities.  The Department of Ecology is to develop criteria for design, installation, and operation of the facilities.  Maintenance and operation will be the responsibility of the marina or boat launch operation.

BOATER EDUCATION

The commission is to conduct a statewide boater educational program regarding proper waste disposal methods.  Grants are to be awarded to local governments for boater environmental education or boat waste management planning. PROGRAM FUNDING

Annual revenue in excess of $4.2 million to the watercraft excise tax is directed from the state general fund to four boating programs: (1) public recreational waterway access (30 percent); (2) sewage pumpouts or dump station installation (30 percent); (3) grants to state and local agencies for enforcement and boating safety (25 percent); (4) grants to public schools, public entities, or other non-profit community organizations for boating safety and environmental education programs (15 percent).

COUNTY FUNDING

Vessel registration fees in excess of $1.1 million per year are to be allocated to counties for boating safety and law enforcement, based upon the number of registered vessels per county.

Certain vessel registration exemptions are eliminated; all motorized vessels, regardless of size, must register at a cost of $6 annually.  Currently, vessels under 16 feet are exempt from registration.  The vessel transfer fees, certificates of title, and dealer registrations are credited to the general fund for the purpose of defraying the cost of administering the registration, transfer, and certification programs.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The mechanism for funding the boater safety/marina pumpout program changes.  Rather than gradually shifting the watercraft excise tax from the general fund to the boater recreational fee account, the program is supported by appropriating any revenues in excess of $4.2 million per year generated by the watercraft excise tax to the boater safety/marina pumpout program.

Within the boater safety/marina pumpout program, funding priorities shift.  In both bills, the public recreational waterway access receives 30 percent of the funds.  Installation of sewage pumpouts and dump stations increases in the substitute to 30 percent from 20 percent; grants to local government and state agencies for law enforcement and boater safety increases to 25 percent from 20 percent; and grants to public schools and non-profit community organizations for boater safety and environmental education remain at 15 percent.  The 15 percent originally allocated to the Parks and Recreation Commission for safety and environmental education is eliminated.

Rather than redirecting all vessel registration fees to support the local government boating safety and education programs, the substitute funds the program with the vessel registration fees in excess of $1.1 million a year.

CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS:  The watercraft excise tax funding mechanism is deleted.  The State Parks and Recreation Commission is required to issue a report by January 1, 1991 showing how funds have been allocated.  The report will also address whether or not the funding provided has resulted in additional vessel registrations and whether more watercraft excise tax revenues have been generated.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Natural Resources & Parks)  Cleve Pinnix, State Parks & Recreation Commission; John Condon, Interclub Boating Association; Mary Lou Mills, Department of Fisheries; Katharine Bauer, Washington Environmental Council and Sierra Club; Amy Bell, Puget Sound Water Quality Authority; Jim Goche, Washington Association of County Officials; Ed O'Brien, Department of Ecology; Pat Lemagie, Washington Boating Safety Officers Association.

(Appropriations)  Dave Williams, State Boaters Association; Cleve Pinnex, State Parks; George Prescott, Northwest Marine Trade.

House Committee - Testified Against:      (Natural Resources & Parks)  None Presented.

(Appropriations)  None Presented.

House Committee - Testimony For:    (Natural Resources & Parks)  Ten times more people die in Washington from water accidents than from hunting accidents.  Washington's boater safety program needs better funding; every western state supports its program better, even though they have fewer boating opportunities.

Through funding local law enforcement programs, counties and local governments will obtain more revenues.  This comes through additional vessel registrations and vessel excise taxes.  Extending the $6 a year vessel registration to power boats under 16 feet will increase the chances of recovering stolen boats.  It will also obtain revenue for county boater safety programs.

A number of popular boater destinations are becoming polluted due to lack of facilities to dump wastes.  Funding the construction of boat pumpout facilities will clean state waters and allow boaters to operate in compliance with existing laws.

(Appropriations)  Through funding local law enforcement programs, counties and local governments will obtain more revenues.  Boaters are in support of this bill.

House Committee - Testimony Against:      (Natural Resources & Parks)  None Presented.

(Appropriations)  None Presented.