SENATE BILL REPORT

SB 5372

BYSenators Bluechel, Moore, Nelson, Conner, Owen and Talmadge

Revising laws concerning recreational boating.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 1, 1989; February 15, 1989

Majority Report:  That Substitute Senate Bill No. 5372 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Benitz, DeJarnatt, Kreidler, Owen, Patterson, Sutherland.

Senate Staff:Gary Wilburn (786-7453)

                  February 15, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):February 28, 1989; March 6, 1989

Majority Report:  That Second Substitute Senate Bill No. 5372 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Bailey, Bluechel, Cantu, Gaspard, Hayner, Lee, Moore, Owen, Smith, Talmadge, Williams, Wojahn.

Senate Staff:Charles Langen (786-7715)

                  March 7, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 6, 1989

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, have 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.

The watercraft excise tax is redirected from the state general fund to the boater recreational fee account, which is established in the state treasury.  The redistribution is to be phased in over a four-year period beginning in 1990, at 25 percent increments.

The boater recreational fee account is to fund a grant program for the following purposes:  (1) public recreational waterway access (30 percent); (2) sewage pumpouts or dump station installation (20 percent); (3) grants to state and local agencies for enforcement and boating safety (20 percent); (4) grants to public schools, public entities or other nonprofit community organizations for boating safety and environmental education programs (15 percent); (5) commission's boating safety and environmental education programs (15 percent).

Vessel registration fees are redirected to the Department of Licensing 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.

The vessel transfer fees, certificates of title, and dealer registrations are redirected from the general fund to the boater recreational fee account.

EFFECT OF PROPOSED SUBSTITUTE:

Annual revenues above $5 million from watercraft excise taxes are to be used for the boating grants under the act.  Annual revenues above $1.1 million from vessel registration fees are allocated for distribution to counties for boating safety and enforcement.  The distribution percentages are modified for funding grants under the program for pumpout construction and boating safety and vessel registration enforcement.  Existing law exempting certain small vessels from registration requirements is restored.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

Same as above except only the annual revenue above $5 million, but not exceeding $6 million, from the watercraft excise taxes are to be used for the boating grants.  Similarly, the annual revenue above $1.1 million, but less than $1.3 million, from vessel registration fees are allocated to counties for boating safety and enforcement.  The earmarking of state general funds for the Department of Licensing is removed.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: ENVIRONMENT & NATURAL RESOURCES:  Senator Bluechel, prime sponsor (pro); Gary Edwards, Thurston County Sheriff (pro); Cleve Pinnix, State Parks and Recreation Commission (pro); Stan Springer, Department of Ecology (pro); Bob Wilder, Interagency Committee for Outdoor Recreation (pro); Amy Bell, Puget Sound Water Quality Authority (pro)

Senate Committee - Testified: WAYS & MEANS:  John Connant; George Prescott, Northwest Marina Trade Organization