_______________________________________________
SUBSTITUTE
HOUSE BILL 2670
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 2000 Regular Session
State
of Washington 56th Legislature 2000 Regular Session
By
Read
first time 02/01/2000. Referred to Committee on .
Authorizing the department of ecology to waive the
requirement for a reserve account for local governments maintaining
landfills.
AN
ACT Relating to financial assurance requirements for landfill disposal
facilities; amending RCW 70.95.215; and creating a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
70.95.215 and 1985 c 436 s 1 are each amended to read as follows:
(1)
By July 1, 1987, each holder or applicant of a permit for a landfill disposal
facility issued under this chapter shall establish a reserve account to cover
the costs of closing the facility in accordance with state and federal
regulations. The account shall be designed to ensure that there will be
adequate revenue available by the projected date of closure. A landfill
disposal ((facilities)) facility maintained on private property
for the sole use of the entity owning the site and a landfill disposal facility
operated and maintained by a government shall not be required to establish
a reserve account if, to the satisfaction of the department, ((they)) the
entity or government provides another form of financial assurance
adequate to comply with the requirements of this section.
(2)
By July 1, 1986, the department shall adopt rules under chapter 34.05 RCW to
implement subsection (1) of this section. The department is not required to
adopt rules pertaining to other approved forms of financial assurance to cover
the costs of closing a landfill disposal facility. The rules shall include
but not be limited to:
(a)
Methods to estimate closure costs, including postclosure monitoring, pollution
prevention measures, and any other procedures required under state and federal
regulations;
(b)
Methods to ensure that reserve accounts receive adequate funds, including:
(i)
Requirements that the reserve account be generated by user fees. However, the
department may waive this requirement for existing landfills if user fees would
be prohibitively high;
(ii)
Requirements that moneys be placed in the reserve account on a regular basis
and that the reserve account be kept separate from all other accounts; and
(iii)
Procedures for the department to verify that adequate sums are deposited in the
reserve account; and
(c)
Methods to ensure that other types of financial assurance provided in
accordance with subsection (1) of this section are adequate to cover the costs
of closing the facility.
*NEW
SECTION. Sec. 2.
(1) The state solid waste advisory committee
shall direct a study by the department of ecology on the adequacy of financing
to assure landfill closure. The study shall include, but is not limited to:
(a)
A clear description of the financial assurance mechanisms authorized by law;
(b)
A summary of current financial assurances for landfill closure currently in
place for all landfills in the state. The department shall compile this
information from existing sources such as capital facilities plans authorized
under the growth management act, local government solid waste management plans
and budgets, and financial audits by the state auditor. The summary shall
include, but shall not be limited to:
(i)
The estimated cost to close the landfill facility and the years to closure;
(ii)
The financial mechanisms approved by the jurisdictional health department or
the department to assure landfill closure; and
(iii)
The status of financial mechanisms, including account balance, loans against,
or encumbrances on the financial mechanisms; and
(c)
The effect of various financial assurance mechanisms on consumers' rates.
(2)
The report shall include recommendations for modifying requirements for
financing mechanisms to assure landfill closure and maintaining and reporting
information on the status of financial assurances. The solid waste advisory
committee shall provide the report to the legislature by December 15, 2000.
*Sec. 2 was vetoed. See message at end of chapter.
Passed the House March 7, 2000.
Passed the Senate March 3, 2000.
Approved by the Governor
March 24, 2000, with the exception of certain items that were vetoed.
Filed in Office of Secretary of State March 24, 2000.
Note:
Governor's explanation of partial veto is as follows:
"I
am returning herewith, without my approval as to section 2, Substitute House
Bill No. 2670 entitled:
"AN
ACT Relating to financial assurance requirements for landfill disposal
facilities;"
This bill provides
government with needed flexibility in allowing alternative forms of financial
assurance that landfill closure requirements can be met. Section 2 of the bill
would have required the Solid Waste Advisory Committee (SWAC) to direct a study
by the Department of Ecology (DOE) on the adequacy of financing to ensure
landfill closure, and to report its findings to the Legislature by December 15,
2000.
Having the necessary
financial resources secured for post-closure landfill costs is essential for
adequate public health and environmental protection and to ensure the general
public is not required to pay cleanup or closure costs. However, the bill
raises a concern by having SWAC direct DOE in the study. SWAC includes several
members with a financial stake in the outcome of the study. To avoid any
appearance of fairness issues, yet make certain that this important analysis is
completed, I have vetoed section 2 and direct DOE to complete the study in
consultation with the Utilities and Transportation Commission and SWAC. DOE
will inform the relevant standing committees of the Legislature of its
progress, shall address all the issues outlined in SHB 2670, and shall submit a
report to the Legislature by December 15, 2000.
For these reasons, I have
vetoed section 2 of Substitute House Bill No. 2670.
With
the exception of section 2, Substitute House Bill No. 2670 is approved."
