H-3920              _______________________________________________

                                                   HOUSE BILL NO. 2679

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives D. Sommers, Wolfe, Fuhrman, G. Fisher, Brekke, Jesernig, Dellwo, Kremen, Dorn, Rayburn, H. Myers, Schoon, Rasmussen, Day and Cooper

Read first time 1/19/90 and referred to Committee on Environmental Affairs.

AN ACT Relating to limitations on the use of solid fuel burning devices; extending the impaired air quality exemption for certified solid fuel burning devices; and authorizing local air quality authorities to impose fees on the sale of new solid fuel burning devices; amending RCW 70.94.473; and adding a new section to chapter 70.94 RCW.

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

        Sec. 1.  Section 6, chapter 405, Laws of 1987 and RCW 70.94.473 are each amended to read as follows:

          Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:

          (1) Not burn wood in any solid fuel heating device whenever the department has determined under RCW 70.94.715 that any air pollution episode, other than a forecast episode as defined by RCW 70.94.715(1), exists in that area;

          (2) Not burn wood in any solid fuel heating device, except wood stoves which meet the standards set forth in RCW 70.94.457, in the geographical area and for the period of time that impaired air quality has been determined, by the department or any authority, for that area.  For the purposes of this section, impaired air quality shall mean air contaminant concentrations nearing unhealthful levels concurrent with meteorological conditions that are conducive to an accumulation of air contamination.  If, after July 1, ((1990)) 1993, the department determines that there is quantitative evidence that wood stoves meeting the requirements of RCW 70.94.457 are contributing to impaired air quality, the department or any authority may prohibit burning of all solid fuel burning devices as provided by this section including those meeting the requirements of RCW 70.94.457.

NEW SECTION. Sec. 2.  A new section is added to chapter 70.94 RCW to read as follows:

          (1) Any authority meeting the requirements of this chapter may impose a fee, not to exceed ten dollars, on the sale of each solid fuel burning device, except masonry fireplaces, sold at retail as defined by RCW 82.04.050 to be installed in the authority's control area.

          (2) The fee shall be used exclusively by the authority for the enforcement of the state's wood stove law.

          (3) Any authority imposing a fee authorized by this section shall prepare a written plan to ensure equitable application and enforcement of the fee to ensure the fee does not create unfair competition among retailers.  The plan shall include provisions to not impose the fee for solid fuel burning devices sold within the control area of the authority but to be installed outside the control area.  The plan shall include provisions to ensure that for retail sales by retailers located outside the control area of the authority but who sell solid fuel burning devices to be installed in the control area, either collect the fee and remit the fee to the department of revenue, or that the purchasers pay the fee directly to the authority.  The plan shall be implemented by the authority.  Any person aggrieved that the plan fails to meet the minimum requirements of this section or that the authority is failing to substantially implement the plan, may file a petition in the superior court in a county in whole or in part in the control area of the authority to restrain the authority from imposing or continuing to impose the fee until the authority demonstrate to the court they will comply with the requirements of this section.  Whenever the court finds an authority will or is imposing a fee authorized by this section and has failed to meet the minimum requirements of this section or has failed to substantially implement its plan to equitably collect said fee, the court shall award the petitioning party reasonable attorneys' fees and court costs incurred in filing the petition to restrain the authority from collecting the fee authorized by this section.

          (4) Any retailer required to collect retail sales tax as required by chapters 82.08 and 82.12 RCW on the retail sale of a solid fuel burning device, other than a masonry fireplace, shall collect the fee if imposed by the authority where the solid fuel burning device is to be installed and the retailer shall remit all fees collected to the department of revenue in conjunction with the retail sales taxes under chapter 82.08 RCW.  The department shall deduct and deposit into the general fund, two percent of the fees received for administration and collection expenses incurred by the department.  The remainder of the fund shall be deposited into an account established by the authority imposing the tax.

          (5) The fee authorized by this section shall not be subject to retail sales tax provisions of chapters 82.08 and 82.12 RCW.