FINAL BILL REPORT

2SSB 5372

                              C 393 L 89

BYSenate Committee on Ways & Means (originally sponsored by Senators Bluechel, Moore, Nelson, Conner, Owen and Talmadge)

Revising laws concerning recreational boating.

Senate Committee on Environment & Natural Resources and Committee on Ways & Means

House Committe on Natural Resources & Parks

Rereferred House Committee on Appropriations

SYNOPSIS AS ENACTED

BACKGROUND:

Pollutants entering state waters from boats and marinas have been identified as a significant source of nonpoint pollution.  In 1985 the Department of Ecology estimated that throughout Puget Sound the contribution of sewage from recreational boats was equivalent to that from 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 small bays of Puget Sound may cause problems due to large concentrations of boats with overnight moorage, smaller water volumes to dilute the wastes, and the shellfishing which takes place in such shallow waters.

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 Taskforce 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 Taskforce 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 State Parks and Recreation Commission to review state boating safety efforts, in light of the high numbers of boating accidents on Washington waters.  State Parks, working with the Boater's Taskforce, has identified additional educational measures which may decrease such accidents.

SUMMARY:

The State Parks and Recreation Commission is to review existing literature and studies regarding 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 appropriate for 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, tribal, 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.

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.

Until June 30, 1995, watercraft excise tax revenues above $5 million annually, but not exceeding $6 million, may be used for the grants program.  The amounts allocated are to fund:  (1) public recreational waterway access (30 percent); (2) sewage pumpouts or dump station installation (30 percent); (3) state and local agencies enforcement and boating safety programs (25 percent); and (4) public schools, public entities or other nonprofit community organizations for boating safety and environmental education programs (15 percent).

Vessel registration fees above $1.1 million annually are to be allocated by the State Treasurer to counties for boating safety and law enforcement, based upon the number of registered vessels per county and upon approval by the commission of the local boating safety program.

Fisheries' patrol officers may enforce watercraft registration and safety laws, and the Department of Fisheries is to report by 1992 on the costs of and revenues from such enforcement actions.

VOTES ON FINAL PASSAGE:

     Senate   46    0

     House 97  0 (House amended)

     Senate          (Senate refused to concur)

     House           (House refused to recede)

Free Conference Committee

     House 97  0

     Senate   46    0

EFFECTIVE:July 23, 1989