AN ACT Relating to wildlife rescue; amending RCW 82.36.330, 90.48.380, 90.48.390, and 90.48.400; and adding a new section to chapter 90.48 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 90.48 RCW to read as follows:

(1) The Washington wildlife rescue coalition shall be established for the purpose of coordinating the rescue and rehabilitation of wildlife injured or endangered by oil spills or the release of other hazardous materials in waters of the state.

(2) The Washington wildlife rescue coalition shall be composed of:

(a) A representative of the department of ecology designated by the director;

(b) A representative of the department of wildlife designated by the director of wildlife;

(c) A representative of the department of community development emergency management program designated by the director of community development;

(d) A licensed veterinarian, with experience and training in wildlife rehabilitation, appointed by the veterinary board of governors;

(e) A lay person, with training and experience in the rescue and rehabilitation of wildlife injured by oil spills or the release of other hazardous materials in waters of the state, appointed by the department; and

(f) A person designated by the legislative authority of the county where the oil spill or release of hazardous materials occurs. This member of the coalition shall serve on the coalition until wildlife rescue and rehabilitation is completed in that county.

(3) The duties of the Washington wildlife rescue coalition shall be to:

(a) Develop an emergency mobilization plan to rescue and rehabilitate waterfowl and other wildlife that are injured or endangered by an oil spill or the release of other hazardous materials in waters of the state;

(b) Develop and maintain a resource bank of persons, agencies, and organizations that may provide assistance in an emergency rescue effort;

(c) Provide advance training and instruction to volunteers in rescuing and rehabilitating waterfowl and wildlife injured or endangered by an oil spill or the release of other hazardous materials in waters of the state; and

(d) Obtain and maintain equipment and supplies used in emergency rescue efforts.

(4) Necessary funding for the coalition shall be provided by the wildlife rescue and coastal protection fund administered by the department under RCW 90.48.400.

Sec. 2. Section 82.36.330, chapter 15, Laws of 1961 as last amended by section 9, chapter 180, Laws of 1971 ex. sess. and RCW 82.36.330 are each amended to read as follows:

Upon the approval of the director of the claim for refund, the state treasurer shall draw a warrant upon the state treasury for the amount of the claim in favor of the person making such claim and the warrant shall be paid from the excise tax collected on motor vehicle fuel: PROVIDED, That the state treasurer shall deduct from each marine use refund claim an amount equivalent to one cent per gallon and shall deposit the same in the wildlife rescue and coastal protection fund created by RCW 90.48.390. Applications for refunds of excise tax shall be filed in the office of the director not later than the close of the last business day of a period thirteen months from the date of purchase of such motor fuel, and if not filed within this period the right to refund shall be forever barred, except that such limitation shall not apply to claims for loss or destruction of motor vehicle fuel as provided by the provisions of RCW 82.36.370. Any person or the member of any firm or the officer or agent of any corporation who makes any false statement in any claim required for the refund of excise tax, as provided in this chapter, or who collects or causes to be repaid to him or to any other person any such refund without being entitled to the same under the provisions of this chapter shall be guilty of a gross misdemeanor.

Sec. 3. Section 3, chapter 180, Laws of 1971 ex. sess. and RCW 90.48.380 are each amended to read as follows:

The department may adopt rules and regulations including but not limited to the following matters:

(1) Procedures and methods of reporting discharges and other occurrences prohibited by RCW 90.48.315 through 90.48.365 and RCW 78.52.020, 78.52.125, 82.36.330, 90.48.315, 90.48.370 through 90.48.410, 90.48.903, 90.48.906 and 90.48.907;

(2) Procedures, methods, means, and equipment to be used by persons subject to regulation by RCW 90.48.315 through 90.48.365 and RCW 78.52.020, 78.52.125, 82.36.330, 90.48.315, 90.48.370 through 90.48.410, 90.48.903, 90.48.906 and 90.48.907 and such rules and regulations may prescribe the times, places and methods of transfer of oil;

(3) Coordination of procedures, methods, means, and equipment to be used in the removal of oil pollutants;

(4) Development and implementation of criteria and plans to meet oil pollution occurrences of various kinds and degrees;

(5) The establishment from time to time of control districts comprising sections of the state coast and the establishment of rules and regulations to meet the particular requirements of each such district;

(6) Such other rules and regulations as the exigencies of any condition may require or such as may be reasonably necessary to carry out the intent of RCW 90.48.315 through 90.48.365 and RCW 78.52.020, 78.52.125, 82.36.330, 90.48.315, 90.48.370 through 90.48.410, 90.48.903, 90.48.906 ((~~and~~)), 90.48.907, and section 1 of this 1989 act.

Sec. 4. Section 4, chapter 180, Laws of 1971 ex. sess. and RCW 90.48.390 are each amended to read as follows:

The wildlife rescue and coastal protection fund is established to be used by the department as a revolving fund for carrying out the purposes of RCW 90.48.315 through 90.48.365 and RCW 78.52.020, 78.52.125, 82.36.330, 90.48.315, 90.48.370 through 90.48.410, 90.48.903, 90.48.906 ((~~and~~)), 90.48.907, and section 1 of this 1989 act. To this fund there shall be credited penalties, fees, and charges received pursuant to the provisions of RCW 90.48.315 through 90.48.365 and an amount equivalent to one cent per gallon from each marine use refund claim under RCW 82.36.330.

Moneys in the fund not needed currently to meet the obligations of the department in the exercise of its powers, duties, and functions under RCW 90.48.315 through 90.48.365 and RCW 78.52.020, 78.52.125, 82.36.330, 90.48.315, 90.48.370 through 90.48.410, 90.48.903, 90.48.906 ((~~and~~)), 90.48.907, and section 1 of this 1989 act shall be deposited with the state treasurer to the credit of the fund and may be invested in such manner as is provided for by law. Interest received on such investment shall be credited to the fund.

Sec. 5. Section 5, chapter 180, Laws of 1971 ex. sess. and RCW 90.48.400 are each amended to read as follows:

(1) Moneys in the wildlife rescue and coastal protection fund shall be disbursed for the following purposes and no others:

(a) All costs of the department related to the enforcement of RCW 90.48.315 through 90.48.365 and RCW 78.52.020, 78.52.125, 82.36.330, 90.48.315, 90.48.370 through 90.48.410, 90.48.903, 90.48.906 and 90.48.907 including but not limited to equipment rental and contracting costs((.));

(b) All costs involved in the abatement of pollution related to the discharge of oil((.));

(c) All costs involved in the rescue and rehabilitation of waterfowl and other wildlife injured or endangered by pollution caused by the discharge of oil or other hazardous materials in waters of the state; and

(d) The director may allocate a portion of the wildlife rescue and coastal protection fund to ((~~be devoted to~~)) research and development in:

(i) The causes, effects, ((~~and~~)) removal, and prevention of pollution caused by the discharge of oil or other hazardous materials in waters of the state; and

(ii) The rescue and rehabilitation of waterfowl and other wildlife injured or endangered by pollution caused by the discharge of oil or other hazardous materials in waters of the state.

(2) Moneys disbursed from the wildlife rescue and coastal protection fund for the abatement of pollution caused by the discharge of oil shall be reimbursed to the fund whenever:

(a) Moneys are available under any federal program; or

(b) Moneys are available from a recovery made by the department from the person liable for the discharge of oil.