2SSB 6211 -
By Senators Murray, Ranker
ADOPTED 02/13/2012
On page 14, after line 14, insert the following:
"NEW SECTION. Sec. 4 A new section is added to chapter 70.105D
RCW to read as follows:
(1) The brownfield redevelopment trust fund account is created in
the state treasury. All receipts from the sources identified in
subsection (2) of this section may be deposited into the account.
Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only as identified in
subsection (4) of this section.
(2) The following receipts must be deposited into the brownfield
redevelopment trust fund account:
(a) Moneys appropriated by the legislature to the account for a
specific redevelopment opportunity zone established under section 5 of
this act or a specific brownfield renewal authority established under
section 6 of this act;
(b) Moneys voluntarily deposited in the account for a specific
redevelopment opportunity zone or a specific brownfield renewal
authority; and
(c) Receipts from settlements or court orders that direct payment
to the account for a specific redevelopment opportunity zone to resolve
a person's liability or potential liability under this chapter.
(3) If a settlement or court order does not direct payment of
receipts described in subsection (2)(c) of this section into the
brownfield redevelopment trust fund account, then the receipts from any
payment to the state must be deposited into the state toxics control
account established under RCW 70.105D.070.
(4) Expenditures from the brownfield redevelopment trust fund
account may only be used for the purposes of remediation and cleanup at
the specific redevelopment opportunity zone or specific brownfield
renewal authority for which the moneys were deposited in the account.
(5) The department shall track moneys received, interest earned,
and moneys expended separately for each facility.
(6) The account must retain its interest earnings in accordance
with RCW 43.84.092.
(7) The local government designating the redevelopment opportunity
zone under section 5 of this act or the associated brownfield renewal
authority created under section 6 of this act must be the beneficiary
of the deposited moneys.
(8) All expenditures must be used to conduct remediation and
cleanup consistent with a plan for the remediation and cleanup of the
properties or facilities approved by the department under this chapter.
All expenditures must meet the eligibility requirements for the use by
local governments under the rules for remedial action grants adopted by
the department under this chapter, including requirements for the
expenditure of nonstate match funding.
(9) Beginning October 31, 2012, the department must provide a
biennial report to the office of financial management and the
legislature regarding the activity for each specific redevelopment
opportunity zone or specific brownfield renewal authority for which
specific legislative appropriation was provided in the previous two
fiscal years.
(10) After the department determines that all remedial actions
within the redevelopment opportunity zone identified in the plan
approved under subsection (8) of this section are completed, including
payment of all cost reasonably attributable to the remedial actions and
cleanup, any remaining moneys must be transferred to the state toxics
control account established under RCW 70.105D.070.
(11) If the department determines that substantial progress has not
been made on the plan approved under subsection (8) of this section for
a redevelopment opportunity zone or specific brownfield renewal
authority for which moneys were deposited in the account within six
years, or that the brownfield renewal authority is no longer a viable
entity, then all remaining moneys must be transferred to the state
toxics control account established under RCW 70.105D.070.
(12) The department is authorized to adopt rules to implement this
section."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 15, line 35, after "been made" insert "on the plan approved under section 4 of this act"
On page 34, after line 5, insert the following:
"Sec. 10 RCW 43.84.092 and 2011 1st sp.s. c 16 s 6, 2011 1st
sp.s. c 7 s 22, 2011 c 369 s 6, 2011 c 339 s 1, 2011 c 311 s 9, 2011 c
272 s 3, 2011 c 120 s 3, and 2011 c 83 s 7 are each reenacted and
amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the brownfield redevelopment trust
fund account, the budget stabilization account, the capital vessel
replacement account, the capitol building construction account, the
Cedar River channel construction and operation account, the Central
Washington University capital projects account, the charitable,
educational, penal and reformatory institutions account, the cleanup
settlement account, the Columbia river basin water supply development
account, the Columbia river basin taxable bond water supply development
account, the Columbia river basin water supply revenue recovery
account, the common school construction fund, the county arterial
preservation account, the county criminal justice assistance account,
the county sales and use tax equalization account, the deferred
compensation administrative account, the deferred compensation
principal account, the department of licensing services account, the
department of retirement systems expense account, the developmental
disabilities community trust account, the drinking water assistance
account, the drinking water assistance administrative account, the
drinking water assistance repayment account, the Eastern Washington
University capital projects account, the Interstate 405 express toll
lanes operations account, the education construction fund, the
education legacy trust account, the election account, the energy
freedom account, the energy recovery act account, the essential rail
assistance account, The Evergreen State College capital projects
account, the federal forest revolving account, the ferry bond
retirement fund, the freight congestion relief account, the freight
mobility investment account, the freight mobility multimodal account,
the grade crossing protective fund, the public health services account,
the health system capacity account, the high capacity transportation
account, the state higher education construction account, the higher
education construction account, the highway bond retirement fund, the
highway infrastructure account, the highway safety account, the high
occupancy toll lanes operations account, the hospital safety net
assessment fund, the industrial insurance premium refund account, the
judges' retirement account, the judicial retirement administrative
account, the judicial retirement principal account, the local leasehold
excise tax account, the local real estate excise tax account, the local
sales and use tax account, the marine resources stewardship trust
account, the medical aid account, the mobile home park relocation fund,
the motor vehicle fund, the motorcycle safety education account, the
multiagency permitting team account, the multimodal transportation
account, the municipal criminal justice assistance account, the
municipal sales and use tax equalization account, the natural resources
deposit account, the oyster reserve land account, the pension funding
stabilization account, the perpetual surveillance and maintenance
account, the public employees' retirement system plan 1 account, the
public employees' retirement system combined plan 2 and plan 3 account,
the public facilities construction loan revolving account beginning
July 1, 2004, the public health supplemental account, the public
transportation systems account, the public works assistance account,
the Puget Sound capital construction account, the Puget Sound ferry
operations account, the Puyallup tribal settlement account, the real
estate appraiser commission account, the recreational vehicle account,
the regional mobility grant program account, the resource management
cost account, the rural arterial trust account, the rural mobility
grant program account, the rural Washington loan fund, the site closure
account, the skilled nursing facility safety net trust fund, the small
city pavement and sidewalk account, the special category C account, the
special wildlife account, the state employees' insurance account, the
state employees' insurance reserve account, the state investment board
expense account, the state investment board commingled trust fund
accounts, the state patrol highway account, the state route number 520
civil penalties account, the state route number 520 corridor account,
the state wildlife account, the supplemental pension account, the
Tacoma Narrows toll bridge account, the teachers' retirement system
plan 1 account, the teachers' retirement system combined plan 2 and
plan 3 account, the tobacco prevention and control account, the tobacco
settlement account, the transportation 2003 account (nickel account),
the transportation equipment fund, the transportation fund, the
transportation improvement account, the transportation improvement
board bond retirement account, the transportation infrastructure
account, the transportation partnership account, the traumatic brain
injury account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building
account, the volunteer firefighters' and reserve officers' relief and
pension principal fund, the volunteer firefighters' and reserve
officers' administrative fund, the Washington judicial retirement
system account, the Washington law enforcement officers' and
firefighters' system plan 1 retirement account, the Washington law
enforcement officers' and firefighters' system plan 2 retirement
account, the Washington public safety employees' plan 2 retirement
account, the Washington school employees' retirement system combined
plan 2 and 3 account, the Washington state economic development
commission account, the Washington state health insurance pool account,
the Washington state patrol retirement account, the Washington State
University building account, the Washington State University bond
retirement fund, the water pollution control revolving fund, and the
Western Washington University capital projects account. Earnings
derived from investing balances of the agricultural permanent fund, the
normal school permanent fund, the permanent common school fund, the
scientific permanent fund, and the state university permanent fund
shall be allocated to their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section."
Renumber the remaining section consecutively and correct any internal references accordingly.
2SSB 6211 -
By Senators Murray, Ranker
ADOPTED 02/13/2012
On page 1, line 3 of the title, after "70.105D.070" insert "and 43.84.092"
EFFECT: Adds a new appropriated account for the purposes of carrying out this act. The account retains its own interest.