AN ACT Relating to protection of marine water quality and providing for recreational boating safety; amending RCW 43.99.010, 43.99.020, 43.99.030, 43.99.040, 43.99.060, 43.99.080, and 82.36.280; adding a new section to chapter 75.10 RCW; adding a new chapter to Title 88 RCW; creating a new section; repealing RCW 43.99.050, 43.99.070, 82.36.305, and 82.36.306; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature finds that the waters of Washington state provide a unique and valuable recreational resource to large and growing numbers of boaters. Proper stewardship of, and respect for, these waters requires that, while enjoying them for their scenic and recreational benefits, boaters must exercise care to assure that such activities do not contribute to the despoliation of these waters, and that watercraft be operated in a safe and responsible manner. The legislature has specifically addressed the topic of access to clean and safe waterways by requiring the 1987 boating safety study and by establishing the Puget Sound water quality authority.

The legislature finds that there is a need to educate Washington's boating community about safe and responsible actions on our waters and to increase the level and visibility of the enforcement of boating laws. To address the incidence of fatalities and injuries due to recreational boating on our state's waters, local and state efforts directed towards safe boating must be stimulated. To provide for safe waterways and public enjoyment, a portion of the excise tax upon marine fuels should be made available for boating safety and other boating recreation purposes.

In recognition of the need for clean waterways, and in keeping with the Puget Sound water quality authority's 1987 management plan, the legislature finds that adequate opportunities for responsible disposal of boat sewage must be made available. There is hereby established a five-year initiative to install sewage pumpout or sewage dump stations at appropriate marinas.

To assure the use of these sewage facilities, a boater environmental education program must accompany the five-year initiative and continue to educate boaters about boat wastes and aquatic resources.

The legislature also finds that, in light of the increasing numbers of boaters utilizing state waterways, a program to acquire and develop sufficient waterway access facilities for boaters must be undertaken.

To support boating safety, environmental protection and education, and public access to our waterways, the legislature declares that revenue from boating related activities should support these efforts.

NEW SECTION. Sec. 2. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Boat wastes" shall include, but are not limited to, sewage, garbage, marine debris, plastics, contaminated bilge water, cleaning solvents, paint scrapings or discarded petroleum products associated with the use of vessels.

(2) "Boater" means any person on a vessel on waters of the state of Washington.

(3) "Commission" means the Washington state parks and recreation commission.

(4) "Environmentally sensitive area" means a restricted body of water where discharge of untreated sewage from boats is especially detrimental because of limited flushing, shallow water, commercial or recreational shellfish, swimming areas, diversity of species, the absence of other pollution sources, or other characteristics.

(5) "Marina" means a facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.

(6) "Polluted area" means a body of water used by boaters that is contaminated by boat wastes at unacceptable levels, based on applicable water quality and shellfish standards.

(7) "Public entities" means all elected or appointed bodies, including tribal governments, responsible for collecting and spending public funds.

(8) "Sewage dump station" means any receiving chamber or tank designed to receive vessel sewage from a "porta-potty" or a portable container.

(9) "Sewage pumpout station" means a mechanical device, generally stationed on a dock, pier, float, barge, or other location convenient to boaters, designed to remove sewage waste from holding tanks on vessels.

(10) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane.

NEW SECTION. Sec. 3. The commission, in consultation with the departments of ecology, fisheries, wildlife, natural resources, social and health services, and the Puget Sound water quality authority shall consult with local and federal government agencies, conduct a literature search, and analyze pertinent studies to identify areas which are polluted or environmentally sensitive within the state's waters. Based on this review the commission shall designate appropriate areas as polluted or environmentally sensitive, for the purposes of this act only.

NEW SECTION. Sec. 4. (1) A marina which meets one or more of the following criteria shall be designated by the commission as appropriate for installation of a sewage pumpout or sewage dump station:

(a) The marina is located in an environmentally sensitive or polluted area; or

(b) The marina has one hundred twenty-five slips or more and there is a lack of sewage pumpouts within a reasonable distance.

(2) In addition to subsection (1) of this section, the commission may at its discretion designate a marina as appropriate for installation of a sewage pumpout or sewage dump station if there is a demonstrated need for a sewage pumpout or sewage dump station at the marina based on professionally conducted studies undertaken by federal, state, or local government, or the private sector; and it meets the following criteria:

(a) The marina provides commercial services, such as sales of food, fuel or supplies, or overnight or live-aboard moorage opportunities;

(b) The marina is located at a heavily used boating destination or on a heavily traveled route, as determined by the commission; or

(3) Exceptions to the designation made under this section may be made by the commission if no sewer, septic, water, or electrical services are available at the marina.

(4) In addition to marinas, the commission may designate boat launches or boater destinations as appropriate for installation of a sewage pumpout or sewage dump station based on the criteria found in subsections (1) and (2) of this section.

NEW SECTION. Sec. 5. (1) Marinas and boat launches designated as appropriate for installation of a sewage pumpout or sewage dump station under section 4 of this act shall be eligible for funding support for installation of such facilities from the boater recreational fee account. The commission shall notify owners or operators of all designated marinas and boat launches of the designation, and of the availability of funding to support installation of appropriate sewage disposal facilities. The commission shall encourage the owners and operators to apply for available funding.

(2) The commission shall contract with, or enter into an interagency agreement with another state agency to contract with, applicants based on the criteria specified below:

(a)(i) Contracts may be awarded to publicly owned, tribal, or privately owned marinas or boat launches.

(ii) Contracts may provide for state reimbursement to cover eligible costs as deemed reasonable by commission rule. Eligible costs include purchase, installation, or major renovation of the sewage pumpout or sewage dump stations, including sewer, water, electrical connections, and those costs attendant to the purchase, installation, and other necessary appurtenances, such as required pier space, as determined by the commission.

(iii) Ownership of the sewage pumpout or sewage dump station will be retained by the state through the commission in privately owned marinas. Ownership of the sewage pumpout or sewage dump station in publicly owned marinas will be held by the public entity.

(iv) Operation, normal and expected maintenance, and ongoing utility costs will be the responsibility of the marina or boat launch operator for the normal life of the facility. The sewage pumpout or sewage dump station must be kept in operating condition and available for public use at all times during operating hours of the facility, excluding necessary maintenance periods.

(v) The marina owner agrees to allow the installation, existence and use of the sewage pumpout or sewage dump station by granting an easement at no cost for such purposes.

(b) Contracts awarded pursuant to (a) of this subsection shall be subject, for a period of at least ten years, to the following conditions:

(i) Any facility entering into a contract under this section must allow the boating public access to the sewage pumpout or sewage dump station during operating hours.

(ii) The applicant must agree to monitor and encourage the use of the sewage pumpout or sewage dump station, and to cooperate in any related boater environmental education program administered or approved by the commission.

(iii) The applicant must agree not to charge a fee for the use of the sewage pumpout or sewage dump station.

(iv) The applicant must agree to arrange and pay a reasonable fee for a periodic inspection of the sewage pumpout facility by the local health department or appropriate authority.

(v) Use of a free sewage pumpout or sewage dump station by the boating public shall be deemed to be included in the term "outdoor recreation" for the purposes of chapter 4.24 RCW.

NEW SECTION. Sec. 6. The department of ecology, in consultation with the commission, shall develop criteria for the design, installation, and operation of sewage pumpout and sewage dump stations, taking into consideration the ease of access to the station by the boating public. The department of ecology may adopt rules to administer the provisions of this section.

NEW SECTION. Sec. 7. The commission shall undertake a state-wide boater environmental education program concerning the effects of boat wastes. The boater environmental education program shall provide informational materials on proper boat waste disposal methods, environmentally safe boat maintenance practices, locations of sewage pumpout and sewage dump stations, and boat oil recycling facilities.

NEW SECTION. Sec. 8. The commission shall award grants to local government entities for boater environmental education or boat waste management planning. Grants shall be allocated according to criteria developed by the commission.

NEW SECTION. Sec. 9. The commission shall, in consultation with interested parties, review progress on installation of sewage pumpout and sewage dump stations, the boater environmental education program, the boating safety program, and the adequacy of funding of the programs. The commission shall report its findings to the legislature by December 1994.

NEW SECTION. Sec. 10. The boater recreational fee account is hereby created in the state treasury and shall be appropriated to the commission except as provided in section 11 of this act. All earnings of investments on balances in the boater recreational fee account shall be credited to the general fund.

NEW SECTION. Sec. 11. (1) The boater recreational fee account shall be expended upon legislative appropriation in accordance with the following limitations:

(a) Fifty percent of the funds shall be expended by the commission exclusively for sewage pumpout or sewage dump stations at publicly and privately owned marinas as provided for in sections 4 and 5 of this act.

(b) Twenty percent of the funds shall be expended for grants to the departments of fisheries and wildlife and other public entities to enforce boating safety and registration laws and to carry out boating safety programs. The commission shall administer such grant program, provided that twenty-five percent of this twenty percent shall be appropriated for state parks boating safety programs.

(c) Fifteen percent shall be expended for instructional materials, programs or grants to the public school system, public entities, or other nonprofit community organizations to support boating safety and boater environmental education or boat waste management planning. The commission shall administer this program.

(d) Fifteen percent shall be expended for the commission's boating safety program and administration pursuant to RCW 43.51.400 through 43.51.404 and the boater environmental education program and administration under chapter 90.70 RCW.

(2) For fiscal year 1996 and succeeding fiscal years, the commission may reallocate that portion of the funds pursuant to subsection (1)(a) of this section based on recommendations from a program review conducted pursuant to section 9 of this act, and subject to legislative appropriation. Any funds reallocated by the commission shall be expended for site acquisition, capital facility development, or both, for public recreational waterway boater access and boater destination sites. The interagency committee for outdoor recreation shall administer such funds as a competitive grants program. The amounts provided for in this subsection shall be evenly divided between state and local governments.

Sec. 12. Section 1, chapter 5, Laws of 1965 and RCW 43.99.010 are each amended to read as follows:

Washington is uniquely endowed with fresh and salt waters rich in scenic and recreational value. This outdoor heritage enriches the lives of citizens, attracts new residents and businesses to the state, and is a major support of its expanding tourist industry. Rising population, increased income and leisure time, and the rapid growth of boating and other water sports have greatly increased the demand for water related recreation, while waterfront land is rapidly rising in value and disappearing from public use. There is consequently an urgent need for the acquisition or improvement of waterfront land on fresh and salt water suitable for marine recreational use by Washington residents and visitors. To meet this need, it is necessary and proper that the portion of motor vehicle fuel taxes paid by boat owners and operators on fuel consumed in their watercraft ((~~and not reclaimed as presently provided by law~~)) should be expended for the acquisition or improvement of marine recreation land on the Pacific Ocean, Puget Sound, bays, lakes, rivers, reservoirs and other fresh and salt waters of the state.

Sec. 13. Section 2, chapter 5, Laws of 1965 as last amended by section 108, chapter 158, laws of 1979 and RCW 43.99.020 are each amended to read as follows:

Definitions: As used in this chapter:

(1) "Marine recreation land" means any land with or without improvements which (a) provides access to, or in whole or in part borders on, fresh or salt water suitable for recreational use by watercraft, or (b) may be used to create, add to, or make more usable, bodies of water, waterways, or land, for recreational use by watercraft.

(2) "Public body" means any county, city, town, port district, park and recreation district, metropolitan park district, or other municipal corporation which is authorized to acquire or improve public outdoor recreation land, and shall also mean Indian tribes now or hereafter recognized as such by the federal government for participation in the land and water conservation program.

(3) "Tax on marine fuel" means motor vehicle fuel tax which is (a) tax on fuel used in, or sold or distributed for use in, any watercraft, and (b) ((~~refundable pursuant to chapter 82.36 RCW, and (c)~~)) paid to the director of licensing with respect to taxable sales, distributions, or uses occurring on or after December 3, 1964.

(4) "Watercraft" means any boat, vessel, or other craft used for navigation on or through water.

(5) "Committee" means the interagency committee for outdoor recreation.

Sec. 14. Section 3, chapter 5, Laws of 1965 as last amended by section 109, chapter 158, Laws of 1979 and RCW 43.99.030 are each amended to read as follows:

From time to time, but at least once each four years, the director of licensing shall determine the amount or proportion of moneys paid to him as motor vehicle fuel tax which is tax on marine fuel. The director shall make or authorize the making of studies, surveys, or investigations to assist him in making such determination, and shall hold one or more public hearings on the findings of such studies, surveys, or investigations prior to making his determination. The studies, surveys, or investigations conducted pursuant to this section shall encompass a period of twelve consecutive months each time. The final determination by the director shall be implemented as of the first day of the calendar month, which date falls closest to the mid-point of the time period for which the study data were collected. The director may delegate his duties and authority under this section to one or more persons of the department of licensing if he finds such delegation necessary and proper to the efficient performance of these duties. Costs of carrying out the provisions of this section shall be paid from the marine fuel tax ((~~refund~~)) account created in RCW 43.99.040, upon legislative appropriation.

Sec. 15. Section 4, chapter 5, Laws of 1965 as last amended by section 53, chapter 57, Laws of 1985 and RCW 43.99.040 are each amended to read as follows:

There is created the marine fuel tax ((~~refund~~)) account in the state treasury. All earnings of investments of balances in the marine fuel tax refund account shall be credited to the general fund. ((From time to time, but at least once each biennium, the director of licensing shall request the state treasurer to refund from the motor vehicle fund amounts which have been determined to be tax on marine fuel. The state treasurer shall refund such amounts and place them in the marine fuel tax refund account to be held for those entitled thereto pursuant to chapter 82.36 RCW and RCW 43.99.050, except that he shall not refund and place in the marine fuel tax refund account for any period for which a determination has been made pursuant to RCW 43.99.030 more than the greater of the following amounts: (1) An amount equal to two percent of all moneys paid to him as motor vehicle fuel tax for such period, (2) an amount necessary to meet all approved claims for refund of tax on marine fuel for such period.)) From time to time, but at least once each biennium, the director of licensing shall convey to the state treasurer the determination of motor vehicle fund amounts which are a tax on marine fuel, made pursuant to RCW 43.99.030. The state treasurer shall transfer such funds to the marine fuel tax account. From time to time, but no less than annually, the funds in the marine fuel tax account shall be transferred as follows:

(1) Ninety percent of such funds shall be transferred to the outdoor recreation account created under RCW 43.99.060; and

(2) The remainder shall be transferred to the boater recreational fee account created under section 10 of this act.

Sec. 16. Section 6, chapter 5, Laws of 1965 as last amended by section 54, chapter 57, Laws of 1985 and RCW 43.99.060 are each amended to read as follows:

There is created the outdoor recreation account in the state treasury, in which shall be deposited ((~~all~~)) moneys received from the marine fuel tax ((~~refund~~)) account pursuant to RCW ((~~43.99.070~~)) 43.99.030, the proceeds of the bond issue authorized by chapter 12, Laws of 1963, extraordinary session, and any moneys made available to the state of Washington by the federal government for outdoor recreation not specifically designated for another fund or agency. All earnings of investments of balances in the outdoor recreation account shall be credited to the general fund.

Grants, gifts, or other financial assistance awarded or designated for a particular purpose, or proceeds received from public bodies as administrative cost contributions, may be received and, when appropriated by the legislature, may be expended in accordance with the general budget and accounting act.

Sec. 17. Section 8, chapter 5, Laws of 1965 as last amended by section 1, chapter 140, Laws of 1971 ex. sess. and RCW 43.99.080 are each amended to read as follows:

Moneys transferred to the outdoor recreation account from the marine fuel tax ((~~refund~~)) account may be used when appropriated by the legislature, as well as any federal or other funds now or hereafter available, to pay the necessary administrative and coordinative costs of the interagency committee for outdoor recreation established by RCW 43.99.110. All moneys so transferred, except those appropriated as aforesaid, shall be divided into two equal shares and shall be used to benefit watercraft recreation in this state as follows:

(1) One share by the state for (a) acquisition of title to, or any interests or rights in, marine recreation land, (b) capital improvement of marine recreation land, or (c) matching funds in any case where federal or other funds are made available on a matching basis for purposes described in (a) or (b);

(2) One share as grants to public bodies to help finance (a) acquisition of title to, or any interests or rights in, marine recreation land, or (b) capital improvement of marine recreation land. A public body is authorized to use a grant, together with its own contribution, as matching funds in any case where federal or other funds are made available for purposes described in (a) or (b). The committee may prescribe further terms and conditions for the making of grants in order to carry out the purposes of this chapter.

Sec. 18. Section 82.36.280, chapter 15, Laws of 1961 as last amended by section 5, chapter 371, Laws of 1985 and RCW 82.36.280 are each amended to read as follows:

Any person who uses any motor vehicle fuel, with the exception of marine fuel, for the purpose of operating any internal combustion engine not used on or in conjunction with any motor vehicle licensed to be operated over and along any of the public highways, and as the motive power thereof, upon which motor vehicle fuel excise tax has been paid, shall be entitled to and shall receive a refund of the amount of the motor vehicle fuel excise tax paid on each gallon of motor vehicle fuel so used, whether such motor vehicle excise tax has been paid either directly to the vendor from whom the motor vehicle fuel was purchased or indirectly by adding the amount of such excise tax to the price of such fuel. No refund shall be made for motor vehicle fuel consumed by any motor vehicle as herein defined that is required to be registered and licensed as provided in chapter 46.16 RCW; and is operated over and along any public highway except that a refund shall be allowed for motor vehicle fuel consumed:

(1) In a motor vehicle owned by the United States that is operated off the public highways for official use;

(2) By auxiliary equipment not used for motive power, provided such consumption is accurately measured by a metering device that has been specifically approved by the department or is established by either of the following formulae:

(a) For fuel used in pumping fuel or heating oils by a power take-off unit on a delivery truck, refund shall be allowed claimant for tax paid on fuel purchased at the rate of three-fourths of one gallon for each one thousand gallons of fuel delivered: PROVIDED, That claimant when presenting his claim to the department in accordance with the provisions of this chapter, shall provide to said claim, invoices of fuel oil delivered, or such other appropriate information as may be required by the department to substantiate his claim; or

(b) For fuel used in operating a power take-off unit on a cement mixer truck or load compactor on a garbage truck, claimant shall be allowed a refund of twenty-five percent of the tax paid on all fuel used in such a truck; and

(3) Before December 31, 1992, in a commercial vehicle as defined in RCW 46.04.140 or a farm vehicle as defined in RCW 46.04.181, if the motor vehicle fuel consumed contains nine and one-half percent or more by volume of alcohol and the commercial vehicle or farm vehicle is operated off the public highways of this state.

NEW SECTION. Sec. 19. A new section is added to chapter 75.10 RCW to read as follows:

Fisheries patrol officers are authorized to enforce all provisions of chapter 88.02 RCW and any rules adopted thereunder, and the provisions of RCW 43.51.400 and any rules adopted thereunder.

NEW SECTION. Sec. 20. The commission shall adopt rules as are necessary to carry out this act. The commission shall comply with all applicable provisions of chapter 34.05 RCW in adopting the rules.

NEW SECTION. Sec. 21. Sections 1 through 11 of this act shall constitute a new chapter in Title 88 RCW.

NEW SECTION. Sec. 22. On or before January 1, 1992, the department of fisheries shall report to the legislature on the number of citations issued or other enforcement actions taken regarding the provisions enumerated in section 19 of this act. The report shall provide an accounting of the registration fees, penalties, and other funds accruing of the state, and the expenses to the department in undertaking the enforcement actions.

NEW SECTION. Sec. 23. The sum of .......... dollars, or as much thereof, as may be necessary, is appropriated for the biennium ending June 30, 1991, from the boater recreational fee account to the parks and recreation commission for the purposes of this act.

NEW SECTION. Sec. 24. The following acts or parts of acts are each repealed:

(1) Section 5, chapter 5, Laws of 1965 and RCW 43.99.050;

(2) Section 7, chapter 5, Laws of 1965, section 111, chapter 158, Laws of 1979 and RCW 43.99.070;

(3) Section 82.36.305, chapter 15, Laws of 1961, section 12, chapter 79, Laws of 1965 ex. sess. and RCW 82.36.305; and

(4) Section 82.36.306, chapter 15, Laws of 1961, section 4, chapter 96, Laws of 1973 and RCW 82.36.306.