AN
ACT Relating to funding for removal and disposal of derelict vessels; amending
RCW 70.105D.070; and creating a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that there is an increasing number of derelict vessels that
have been abandoned in the waters along the shorelines of the state. These
vessels pose hazards to navigation and threaten the environment with the
potential release of hazardous materials. There is no current federal program
that comprehensively addresses this problem, and the legislature recognizes
that the state must assist in providing a solution to this increasing hazard.
Sec.
2. RCW
70.105D.070 and 2000 2nd sp.s. c 1 s 912 are each amended to read as follows:
(1)
The state toxics control account and the local toxics control account are
hereby created in the state treasury.
(2)
The following moneys shall be deposited into the state toxics control account:
(a) Those revenues which are raised by the tax imposed under RCW 82.21.030 and
which are attributable to that portion of the rate equal to thirty-three
one-hundredths of one percent; (b) the costs of remedial actions recovered
under this chapter or chapter 70.105A RCW; (c) penalties collected or recovered
under this chapter; and (d) any other money appropriated or transferred to the
account by the legislature. Moneys in the account may be used only to carry
out the purposes of this chapter, including but not limited to the following
activities:
(i)
The state's responsibility for hazardous waste planning, management,
regulation, enforcement, technical assistance, and public education required
under chapter 70.105 RCW;
(ii)
The state's responsibility for solid waste planning, management, regulation,
enforcement, technical assistance, and public education required under chapter
70.95 RCW;
(iii)
The hazardous waste cleanup program required under this chapter;
(iv)
State matching funds required under the federal cleanup law;
(v)
Financial assistance for local programs in accordance with chapters 70.95,
70.95C, 70.95I, and 70.105 RCW;
(vi)
State government programs for the safe reduction, recycling, or disposal of
hazardous wastes from households, small businesses, and agriculture;
(vii)
Hazardous materials emergency response training;
(viii)
Water and environmental health protection and monitoring programs;
(ix)
Programs authorized under chapter 70.146 RCW;
(x)
A public participation program, including regional citizen advisory committees;
(xi)
Public funding to assist potentially liable persons to pay for the costs of
remedial action in compliance with cleanup standards under RCW 70.105D.030(2)(e)
but only when the amount and terms of such funding are established under a
settlement agreement under RCW 70.105D.040(4) and when the director has found
that the funding will achieve both (A) a substantially more expeditious or
enhanced cleanup than would otherwise occur, and (B) the prevention or
mitigation of unfair economic hardship; and
(xii)
Development and demonstration of alternative management technologies designed
to carry out the top two hazardous waste management priorities of RCW
70.105.150.
(3)
The following moneys shall be deposited into the local toxics control account:
Those revenues which are raised by the tax imposed under RCW 82.21.030 and
which are attributable to that portion of the rate equal to thirty-seven
one-hundredths of one percent.
(a)
Moneys deposited in the local toxics control account shall be used by the department
for grants or loans to local governments for the following purposes in
descending order of priority: (i) Remedial actions; (ii) hazardous waste plans
and programs under chapter 70.105 RCW; (iii) solid waste plans and programs
under chapters 70.95, 70.95C, 70.95I, and 70.105 RCW; ((and)) (iv) funds
for a program to assist in the assessment and cleanup of sites of
methamphetamine production, but not to be used for the initial containment of
such sites, consistent with the responsibilities and intent of RCW 69.50.511;
and (v) cleanup and disposal of hazardous substances from abandoned or derelict
vessels that pose a threat to human health or the environment. For purposes of
this subsection (3)(a)(v), "abandoned or derelict vessels" means
vessels that have little or no value and either have no identified owner or
have an identified owner lacking financial resources to clean up and dispose of
the vessel. Funds for plans and programs shall be allocated consistent
with the priorities and matching requirements established in chapters 70.105,
70.95C, 70.95I, and 70.95 RCW. During the 1999-2001 fiscal biennium, moneys in
the account may also be used for the following activities: Conducting a study
of whether dioxins occur in fertilizers, soil amendments, and soils; reviewing
applications for registration of fertilizers; and conducting a study of plant
uptake of metals.
(b)
Funds may also be appropriated to the department of health to implement
programs to reduce testing requirements under the federal safe drinking water
act for public water systems. The department of health shall reimburse the
account from fees assessed under RCW 70.119A.115 by June 30, 1995.
(4)
Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys
in the state and local toxics control accounts may be spent only after
appropriation by statute.
(5)
One percent of the moneys deposited into the state and local toxics control
accounts shall be allocated only for public participation grants to persons who
may be adversely affected by a release or threatened release of a hazardous
substance and to not-for-profit public interest organizations. The primary
purpose of these grants is to facilitate the participation by persons and
organizations in the investigation and remedying of releases or threatened
releases of hazardous substances and to implement the state's solid and
hazardous waste management priorities. However, during the 1999-2001 fiscal
biennium, funding may not be granted to entities engaged in lobbying activities,
and applicants may not be awarded grants if their cumulative grant awards under
this section exceed two hundred thousand dollars. No grant may exceed sixty
thousand dollars. Grants may be renewed annually. Moneys appropriated for
public participation from either account which are not expended at the close of
any biennium shall revert to the state toxics control account.
(6)
No moneys deposited into either the state or local toxics control account may
be used for solid waste incinerator feasibility studies, construction,
maintenance, or operation.
(7)
The department shall adopt rules for grant or loan issuance and performance.
