BILL REQ. #:  H-0481.3 

Read first time 02/07/2003.   Referred to Committee on Transportation.

     AN ACT Relating to a motor vehicle registration fee to fund air quality protection and improvement and motor vehicle related toxic cleanup; adding a new section to chapter 46.16 RCW; adding a new section to chapter 70.105D RCW; adding a new section to chapter 70.94 RCW; creating a new section; providing an effective date; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) Air is an essential public resource that must be preserved, protected, and enhanced for current and future generations. Improving air quality is a matter of statewide concern and is in the public interest.
     (2) Air pollution can have adverse health effects on many populations in the state of Washington, particularly children. Over four hundred thousand students in the state risk their health breathing exhaust from riding the bus to school every day. One out of every ten children in our state suffers from asthma. Diesel exhaust is likely to cause lung cancer in humans, chronic and acute bronchitis in children, asthma attacks, and respiratory illnesses.
     (3) Although stringent standards established by the United States environmental protection agency for new diesel school buses will begin with the 2007 model year, seventy-five percent of the more than eight thousand five hundred buses on the road now in the state will continue to be used for the next thirteen or more years.
     (4) Solutions are available to address this health risk, including installing filters and oxidation catalysts on school bus engines to remove harmful emissions and using cleaner fuels such as ultra-low sulfur diesel fuel, biodiesel fuel blends, and natural gas fuel. Installation of these devices and the use of cleaner fuels will reduce harmful fine particle and toxic air pollutant emissions by up to ninety percent.
     (5) Money deposited in the state air quality account will be used for, among other purposes, installing filters and catalysts on school bus engines to reduce harmful emissions and using ultra-low sulfur fuel and biodiesel blends on the diesel school buses currently used throughout the state.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.16 RCW to read as follows:
     (1) In addition to all other fees imposed under this chapter, the following registration fees shall be imposed at the time of initial registration:
     (a) Ten dollars for all campers, motorcycles, or trailers;
     (b) Twenty dollars for all passenger cars and for hire vehicles;
     (c) Thirty dollars for all trucks, motor homes, combination of vehicles, commercial vehicles, and travel trailers.
     (2) Vehicles licensed under chapter 46.87 RCW are exempt from the fees imposed under subsection (1) of this section.
     (3) The proceeds from the fee imposed under subsection (1) of this section shall be deposited in the state air quality account created under section 3 of this act.
     (4) This section expires July 1, 2040.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.105D RCW to read as follows:
     (1) The state air quality account is hereby created in the state treasury. The following money shall be deposited into the state air quality account: (a) Money which is raised by the fee imposed under section 2 of this act; and (b) any other money appropriated or transferred to the account by the legislature.
     (2) Money in the account may be used for any purpose allowable under chapter 70.94 RCW, and the purposes of this chapter as it relates to air pollution, including but not limited to the following activities:
     (a) The hazardous waste cleanup program required under this chapter as it relates to air pollution;
     (b) Reducing air contaminant emissions and cleaning up air pollution;
     (c) Reducing and eliminating toxic air contaminants;
     (d) Addressing and mitigating the impact of climate change;
     (e) Retrofitting motor vehicles, including school buses and transit fleets, with exhaust emission control devices;
     (f) Providing funding for the differential costs of cleaner and alternative fuels and vehicles which reduce air emissions and allow advanced exhaust emission control devices to be used, including ultra-low sulfur diesel fuel, biodiesel, and natural gas;
     (g) Providing funding for infrastructure necessary to allow fleets to use alternative, cleaner fuels; and
     (h) Administrative and operating costs of air pollution control authorities and, where there is no air pollution control agency, the department, to develop and oversee the air pollution cleanup programs identified in this section.
     (3) Money deposited in the state air quality account shall be subject to distribution as follows:
     (a) Eighty percent of the funds shall be distributed to the air pollution control authorities created under chapter 70.94 RCW. The funds shall be distributed in direct proportion with the amount of fees imposed under section 2 of this act that are collected within the boundaries of each authority, however, an amount in direct proportion with those fees collected in counties for which no air pollution control authority exists shall be distributed to the department.
     (b) Twenty percent of the money deposited in the state air quality account shall be distributed to the department and shall be used by the department for the following purposes:
     (i) The hazardous waste cleanup program required under this chapter as it relates to air pollution;
     (ii) Reducing air contaminant emissions and cleaning up air pollution;
     (iii) Reducing and eliminating toxic air contaminants;
     (iv) Addressing and mitigating the impact of climate change;
     (v) Retrofitting motor vehicles, including school buses and transit fleets, with exhaust emission control devices;
     (vi) Providing funding for the differential costs of cleaner and alternative fuels and vehicles which reduce air emissions and allow advanced exhaust emission control devices to be used, including ultra-low sulfur diesel fuel, biodiesel, and natural gas;
     (vii) Providing funding for infrastructure necessary to allow fleets to use alternative, cleaner fuels;
     (viii) Administrative and operating costs of air pollution control authorities and, where there is no air pollution control agency, the department, to develop and oversee the air pollution cleanup programs identified in this section; and
     (ix) Hazardous waste cleanup programs related to toxic pollution or potential toxic pollution of land, air, or water caused by motor vehicles in their use, recycling, storage, or destruction.
     (4) Money in the state air quality account may be spent by the department only after appropriation.

NEW SECTION.  Sec. 4   A new section is added to chapter 70.94 RCW to read as follows:
     Notwithstanding RCW 39.36.020(1), air pollution control authorities created under this chapter may at any time contract indebtedness or borrow money for any lawful authority purpose and may issue general obligation bonds or other evidences of indebtedness, secured by the pledge of one or more of the taxes, charges, or fees authorized to be imposed or received by the authority, including, without limitation, the state air quality account moneys to be distributed to the authority under section 2 of this act and money received from other private or public sources, in an amount not exceeding, together with any existing indebtedness of the authority not authorized by the voters, one and one-half percent of the value of the taxable property within the boundaries of the authority; and with the assent of three-fifths of the voters voting at an election called for that purpose, may contract indebtedness or borrow money for authority purposes and may issue general obligation bonds or other evidences of indebtedness provided the total indebtedness of the authority does not exceed five percent of the value of the taxable property. The bonds shall be issued and sold in accordance with chapter 39.46 RCW. In no circumstance shall this debt be the obligation of the cities or counties within the boundaries of the authority.

NEW SECTION.  Sec. 5   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 6   This act takes effect September 1, 2003.