HOUSE BILL REPORT

                  HB 1781

             As Reported By House Committee On:

                    Environmental Affairs

Title:  An act relating to payment of fees for hazardous waste incineration facilities.

Brief Description:  Allowing counties to assess fees for hazardous waste incineration.

Sponsors:  Representatives Chandler, Hansen and Rust.

Brief History:

  Reported by House Committee on:

Environmental Affairs, February 25, 1993, DPS.

HOUSE COMMITTEE ON ENVIRONMENTAL AFFAIRS

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 11 members:  Representatives Rust, Chair; Flemming, Vice Chair; Bray; Edmondson; Foreman; Hansen; Holm; L. Johnson; J. Kohl; Linville; and Sheahan.

Minority Report:  Do not pass.  Signed by 2 members:  Representatives Horn, Ranking Minority Member and Van Luven, Assistant Ranking Minority Member.

Staff:  Harry Reinert (786-7110).

Background:  The Legislature directed the Department of Ecology to include in its rules a process for negotiation between the proponent of a hazardous waste management facility and the community that will be affected by the proposal.  The department's rules include provisions requiring review of the impacts of the facility on the community infrastructure.  The parties' agreement is incorporated by the department into the facility's permit.  The facility must also have an impact mitigation plan that includes mitigation measures for significant adverse impacts of the facility, including economic impacts.

Summary of Substitute Bill:  The applicant for hazardous waste incinerator shall negotiate with any county which may be affected by the incinerator's operation to mitigate the impacts, including economic impacts, of the facility on the county.  The mitigation may be in the form of fees or other measures.  The negotiation shall be conducted through the citizen-proponent negotiation process and any agreement shall be incorporated into a permit.

Substitute Bill Compared to Original Bill:  The original bill allowed a county to assess a fee on each ton of hazardous waste destined for incineration at a hazardous waste disposal facility located in the county.  There was no limit on the fee or direction for its use.

Fiscal Note:  Available.

Effective Date of Substitute Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Counties which may be the host of a hazardous waste incinerator will have significant impacts from the facility.  They need to be able to impose a fee to compensate for these impacts.

Testimony Against:  (Original Bill) There are no limits on what fee a county may charge or the purpose for its imposition.  A county will essentially be able to make an incinerator impossible to build by imposing a fee so high that an incinerator could not operate.

Witnesses:  Representative Gary Chandler, Prime Sponsor (pro); Jim Boldt, Rabanco (con); Jeff Myers, EPIC (con); Harold Clinesmith, Citizens Hazardous Waste Coalition (pro); Bob Schrom, Farmer, Grant County (pro); Rich Callahan, Farmer/Exporter (pro); Bob Davis, Concerned Citizens of Royal Slope (pro); Norm Myrick, Citizen (pro); Margie Kelly, Greenpeace (pro); Betty Tabbutt, Washington Environmental Council (pro); Doris Cellarius, Sierra Club (pro); and Larry Ganders, Washington State University (con).