BILL REQ. #: H-0961.5
State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/19/13.
AN ACT Relating to derelict and abandoned vessels in state waters; amending RCW 88.02.640, 79.100.100, 79A.65.020, 79.100.130, 43.19.1919, 28B.10.029, 88.02.380, 88.02.340, 88.02.550, 79.100.120, 90.56.410, 79.100.040, 79.100.060, 88.26.020, 53.08.320, 53.08.310, 79A.65.030, and 43.21B.305; reenacting and amending RCW 43.21B.110 and 43.21B.110; adding a new section to chapter 43.19 RCW; adding new sections to chapter 43.30 RCW; adding new sections to chapter 77.12 RCW; adding new sections to chapter 79A.05 RCW; adding new sections to chapter 47.01 RCW; adding new sections to chapter 35.21 RCW; adding new sections to chapter 35A.21 RCW; adding new sections to chapter 36.32 RCW; adding new sections to chapter 53.08 RCW; adding new sections to chapter 43.21A RCW; adding new sections to chapter 28B.10 RCW; adding new sections to chapter 79.100 RCW; adding a new section to chapter 88.26 RCW; creating new sections; prescribing penalties; providing an effective date; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 88.02.640 and 2012 c 74 s 16 are each amended to read
as follows:
(1) In addition to any other fees and taxes required by law, the
department, county auditor or other agent, or subagent appointed by the
director shall charge the following vessel fees and surcharge:
FEE | AMOUNT | AUTHORITY | DISTRIBUTION |
Sec. 2 RCW 79.100.100 and 2010 c 161 s 1161 are each amended to
read as follows:
(1)(a) The derelict vessel removal account is created in the state
treasury. All receipts from RCW 79.100.050 and 79.100.060 and those
moneys specified in RCW 88.02.640 must be deposited into the account.
The account is authorized to receive fund transfers and appropriations
from the general fund, deposits from the derelict vessel removal
surcharge under RCW 88.02.640(4), as well as gifts, grants, and
endowments from public or private sources as may be made from time to
time, in trust or otherwise, for the use and benefit of the purposes of
this chapter and expend the same or any income according to the terms
of the gifts, grants, or endowments provided those terms do not
conflict with any provisions of this section or any guidelines
developed to prioritize reimbursement of removal projects associated
with this chapter.
(b) Moneys in the account may only be spent after appropriation.
Expenditures from the account ((must)) may only be used by the
department for developing and administering the vessel turn-in program
created in section 46 of this act and to reimburse authorized public
entities for up to ninety percent of the total reasonable and auditable
administrative, removal, disposal, and environmental damage costs of
abandoned or derelict vessels when the previous owner is either unknown
after a reasonable search effort or insolvent. Reimbursement may not
be made unless the department determines that the public entity has
made reasonable efforts to identify and locate the party responsible
for the vessel, or any other person or entity that has incurred
secondary liability under section 37 of this act, regardless of the
title of owner of the vessel.
(c) Funds in the account resulting from transfers from the general
fund or from the deposit of funds from the watercraft excise tax as
provided for under RCW 82.49.030 must be used to reimburse one hundred
percent of ((these)) costs and should be prioritized for the removal of
large vessels.
(d) Costs associated with the removal and disposal of an abandoned
or derelict vessel under the authority granted in RCW 53.08.320 also
qualify for reimbursement from the derelict vessel removal account.
(e) In each biennium, up to twenty percent of the expenditures from
the derelict vessel removal account may be used for administrative
expenses of the department of licensing and department of natural
resources in implementing this chapter.
(2) ((If the balance of the account reaches one million dollars as
of March 1st of any year, exclusive of any transfer or appropriation of
funds into the account or funds deposited into the account collected
under RCW 88.02.640(5), the department must notify the department of
licensing and the collection of any fees associated with this account
must be suspended for the following fiscal year.)) Priority for use of this account is for the removal of
derelict and abandoned vessels that are in danger of sinking, breaking
up, or blocking navigation channels, or that present environmental
risks such as leaking fuel or other hazardous substances. The
department must develop criteria, in the form of informal guidelines,
to prioritize removal projects associated with this chapter, but may
not consider whether the applicant is a state or local entity when
prioritizing. The guidelines must also include guidance to the
authorized public entities as to what removal activities and associated
costs are reasonable and eligible for reimbursement.
(3)
(((4))) (3) The department must keep all authorized public entities
((apprized)) apprised of the balance of the derelict vessel removal
account and the funds available for reimbursement. The guidelines
developed by the department must also be made available to the other
authorized public entities. This subsection (((4))) (3) must be
satisfied by utilizing the least costly method, including maintaining
the information on the department's internet web site, or any other
cost-effective method.
(((5))) (4) An authorized public entity may contribute its ten
percent of costs that are not eligible for reimbursement by using in-kind services, including the use of existing staff, equipment, and
volunteers.
(((6))) (5) This chapter does not guarantee reimbursement for an
authorized public entity. Authorized public entities seeking certainty
in reimbursement prior to taking action under this chapter may first
notify the department of their proposed action and the estimated total
costs. Upon notification by an authorized public entity, the
department must make the authorized public entity aware of the status
of the fund and the likelihood of reimbursement being available. The
department may offer technical assistance and assure reimbursement for
up to two years following the removal action if an assurance is
appropriate given the balance of the fund and the details of the
proposed action.
Sec. 3 RCW 79A.65.020 and 2002 c 286 s 21 are each amended to
read as follows:
(1) The commission may take reasonable measures, including but not
limited to the use of anchors, chains, ropes, and locks, or removal
from the water, to secure unauthorized vessels located at or on a
commission facility so that the unauthorized vessels are in the
possession and control of the commission. At least ten days before
securing any unauthorized registered vessel, the commission shall send
notification by registered mail to the last registered owner or
registered owners of the vessel at their last known address or
addresses.
(2) The commission may take reasonable measures, including but not
limited to the use of anchors, chains, ropes, locks, or removal from
the water, to secure any vessel if the vessel, in the opinion of the
commission, is a nuisance, is in danger of sinking or creating other
damage to a commission facility, or is otherwise a threat to the
health, safety, or welfare of the public or environment at a commission
facility. The costs of any such procedure shall be paid by the
vessel's owner.
(3) At the time of securing any vessel under subsection (1) or (2)
of this section, the commission shall attach to the vessel a readily
visible notice or, when practicable, shall post such notice in a
conspicuous location at the commission facility in the event the vessel
is removed from the premises. The notice shall be of a reasonable size
and shall contain the following information:
(a) The date and time the notice was attached or posted;
(b) A statement that the vessel has been secured by the commission
and that if the commission's charges, if any, are not paid and the
vessel is not removed by . . . . . . (the thirty-fifth consecutive day
following the date of attachment or posting of the notice), the vessel
will be considered abandoned and will be sold at public auction to
satisfy the charges;
(c) The address and telephone number where additional information
may be obtained concerning the securing of the vessel and conditions
for its release; and
(d) A description of the owner's or secured party's rights under
this chapter.
(4) With respect to registered vessels: Within five days of the
date that notice is attached or posted under subsection (3) of this
section, the commission shall send such notice, by registered mail, to
each registered owner.
(5) If a vessel is secured under subsection (1) or (2) of this
section, the owner, or any person with a legal right to possess the
vessel, may claim the vessel by:
(a) Making arrangements satisfactory to the commission for the
immediate removal of the vessel from the commission's control or for
authorized storage or moorage; and
(b) Making payment to the commission of all reasonable charges
incurred by the commission in securing the vessel under subsections (1)
and (2) of this section and of all moorage fees owed to the commission.
(6) A vessel is considered abandoned if, within the thirty-five day
period following the date of attachment or posting of notice in
subsection (3) of this section, the vessel has not been claimed under
subsection (5) of this section.
(7) If the owner or owners of a vessel are unable to reimburse the
commission for all reasonable charges under subsections (1) and (2) of
this section within a reasonable time, the commission may seek
reimbursement of ((seventy-five)) ninety percent of all reasonable and
auditable costs from the derelict vessel removal account established in
RCW 79.100.100.
Sec. 4 RCW 79.100.130 and 2011 c 247 s 2 are each amended to read
as follows:
(1) A ((marina)) private moorage facility owner, as those terms are
defined in RCW 88.26.010, may contract with a local government for the
purpose of participating in the derelict vessel removal program.
(2) If a contract is completed under this section, the local
government shall serve as the authorized public entity for the removal
of ((the)) a derelict or abandoned vessel from the ((marina owner's))
property of the private moorage facility owner. The contract must
provide for the ((marina owner)) private moorage facility owner to be
financially responsible for the removal and disposal costs that are not
reimbursed by the department as provided under RCW 79.100.100, and any
additional reasonable administrative costs incurred by the local
government during the removal of the derelict or abandoned vessel.
(3) Prior to the commencement of any removal which will seek
reimbursement from the derelict vessel removal program, the contract
and the proposed vessel removal shall be submitted to the department
for review and approval. The local government shall use the procedure
specified under RCW 79.100.100(6).
(4) If the private moorage facility owner has already seized the
vessel under chapter 88.26 RCW and title has reverted to the moorage
facility, the moorage facility is not considered the owner under this
chapter for purposes of cost recovery for actions taken under this
section.
Sec. 5 RCW 43.19.1919 and 2011 1st sp.s. c 43 s 215 are each
amended to read as follows:
(1) The department shall sell or exchange personal property
belonging to the state for which the agency, office, department, or
educational institution having custody thereof has no further use, at
public or private sale, and cause the moneys realized from the sale of
any such property to be paid into the fund from which such property was
purchased or, if such fund no longer exists, into the state general
fund. This requirement is subject to the following exceptions and
limitations:
(((1))) (a) This section does not apply to property under RCW
27.53.045, 28A.335.180, or 43.19.1920;
(((2))) (b) Sales of capital assets may be made by the department
and a credit established for future purchases of capital items as
provided for in RCW 43.19.190 through 43.19.1939;
(((3))) (c) Personal property, excess to a state agency, including
educational institutions, shall not be sold or disposed of prior to
reasonable efforts by the department to determine if other state
agencies have a requirement for such personal property. Such
determination shall follow sufficient notice to all state agencies to
allow adequate time for them to make their needs known. Surplus items
may be disposed of without prior notification to state agencies if it
is determined by the director to be in the best interest of the state.
The department shall maintain a record of disposed surplus property,
including date and method of disposal, identity of any recipient, and
approximate value of the property;
(((4))) (d) This section does not apply to personal property
acquired by a state organization under federal grants and contracts if
in conflict with special title provisions contained in such grants or
contracts;
(((5))) (e) A state agency having a surplus personal property asset
with a fair market value of less than five hundred dollars may transfer
the asset to another state agency without charging fair market value.
A state agency conducting this action must maintain adequate records to
comply with agency inventory procedures and state audit requirements.
(2)(a) Prior to transferring ownership of a department-owned
vessel, the department shall conduct a thorough review of the physical
condition of the vessel, the vessel's operating capability, and any
containers and other materials that are not fixed to the vessel.
(b) If the department determines that the vessel is in a state of
advanced deterioration or poses a reasonably imminent threat to human
health or safety, including a threat of environmental contamination,
the department may: (i) Not transfer the vessel until the conditions
identified under this subsection have been corrected; or (ii)
permanently dispose of the vessel by landfill, deconstruction, or other
related method.
NEW SECTION. Sec. 6 A new section is added to chapter 43.19 RCW
to read as follows:
(1) Following the inspection required under section 5 of this act
and prior to transferring ownership of a department-owned vessel, the
department shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the
vessel; and
(b) Information demonstrating the prospective owner's intent to
obtain legal moorage following the transfer, in the manner determined
by the department.
(2)(a) The department shall remove any containers or other
materials that are not fixed to the vessel and contain hazardous
substances, as defined under RCW 70.105D.020.
(b) However, the department may transfer a vessel with:
(i) Those containers or materials described under (a) of this
subsection where the transferee demonstrates to the department's
satisfaction that the container's or material's presence is consistent
with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the department,
based on factors including the vessel's size, condition, and
anticipated use of the vessel, including initial destination following
transfer.
(c) The department may consult with the department of ecology in
carrying out the requirements of this subsection (2).
(3) Prior to sale, and unless the vessel has a title or valid
marine document, the department is required to apply for a certificate
of title for the vessel under RCW 88.02.510 and register the vessel
under RCW 88.02.550.
NEW SECTION. Sec. 7 A new section is added to chapter 43.30 RCW
to read as follows:
(1) Prior to transferring ownership of a department-owned vessel,
the department shall conduct a thorough review of the physical
condition of the vessel, the vessel's operating capability, and any
containers and other materials that are not fixed to the vessel.
(2) If the department determines that the vessel is in a state of
advanced deterioration or poses a reasonably imminent threat to human
health or safety, including a threat of environmental contamination,
the department may: (a) Not transfer the vessel until the conditions
identified under this subsection have been corrected; or (b)
permanently dispose of the vessel by landfill, deconstruction, or other
related method.
(3) Vessels taken into custody under chapter 79.100 RCW are not
subject to this section or section 8 of this act.
NEW SECTION. Sec. 8 A new section is added to chapter 43.30 RCW
to read as follows:
(1) Following the inspection required under section 7 of this act
and prior to transferring ownership of a department-owned vessel, the
department shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the
vessel; and
(b) Information demonstrating the prospective owner's intent to
obtain legal moorage following the transfer, in the manner determined
by the department.
(2)(a) The department shall remove any containers or other
materials that are not fixed to the vessel and contain hazardous
substances, as defined under RCW 70.105D.020.
(b) However, the department may transfer a vessel with:
(i) Those containers or materials described under (a) of this
subsection where the transferee demonstrates to the department's
satisfaction that the container's or material's presence is consistent
with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the department,
based on factors including the vessel's size, condition, and
anticipated use of the vessel, including initial destination following
transfer.
(c) The department may consult with the department of ecology in
carrying out the requirements of this subsection.
(3) Prior to sale, and unless the vessel has a title or valid
marine document, the department is required to apply for a certificate
of title for the vessel under RCW 88.02.510 and register the vessel
under RCW 88.02.550.
NEW SECTION. Sec. 9 A new section is added to chapter 77.12 RCW
to read as follows:
(1) Prior to transferring ownership of a department-owned vessel,
the department shall conduct a thorough review of the physical
condition of the vessel, the vessel's operating capability, and any
containers and other materials that are not fixed to the vessel.
(2) If the department determines that the vessel is in a state of
advanced deterioration or poses a reasonably imminent threat to human
health or safety, including a threat of environmental contamination,
the department may: (a) Not transfer the vessel until the conditions
identified under this subsection have been corrected; or (b)
permanently dispose of the vessel by landfill, deconstruction, or other
related method.
(3) Vessels taken into custody under chapter 79.100 RCW are not
subject to this section or section 10 of this act.
NEW SECTION. Sec. 10 A new section is added to chapter 77.12 RCW
to read as follows:
(1) Following the inspection required under section 9 of this act
and prior to transferring ownership of a department-owned vessel, the
department shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the
vessel; and
(b) Information demonstrating the prospective owner's intent to
obtain legal moorage following the transfer, in the manner determined
by the department.
(2)(a) The department shall remove any containers or other
materials that are not fixed to the vessel and contain hazardous
substances, as defined under RCW 70.105D.020.
(b) However, the department may transfer a vessel with:
(i) Those containers or materials described under (a) of this
subsection where the transferee demonstrates to the department's
satisfaction that the container's or material's presence is consistent
with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the department,
based on factors including the vessel's size, condition, and
anticipated use of the vessel, including initial destination following
transfer.
(c) The department may consult with the department of ecology in
carrying out the requirements of this subsection.
(3) Prior to sale, and unless the vessel has a title or valid
marine document, the department is required to apply for a certificate
of title for the vessel under RCW 88.02.510 and register the vessel
under RCW 88.02.550.
NEW SECTION. Sec. 11 A new section is added to chapter 79A.05
RCW to read as follows:
(1) Prior to transferring ownership of a commission-owned vessel,
the commission shall conduct a thorough review of the physical
condition of the vessel, the vessel's operating capability, and any
containers and other materials that are not fixed to the vessel.
(2) If the commission determines the vessel is in a state of
advanced deterioration or poses a reasonably imminent threat to human
health or safety, including a threat of environmental contamination,
that the commission may: (a) Not transfer the vessel until the
conditions identified under this subsection have been corrected; or (b)
permanently dispose of the vessel by landfill, deconstruction, or other
related method.
(3) Vessels taken into custody under chapter 79.100 RCW are not
subject to this section or section 12 of this act.
NEW SECTION. Sec. 12 A new section is added to chapter 79A.05
RCW to read as follows:
(1) Following the inspection required under section 11 of this act
and prior to transferring ownership of a commission-owned vessel, the
commission shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the
vessel; and
(b) Information demonstrating the prospective owner's intent to
obtain legal moorage following the transfer, in the manner determined
by the commission.
(2)(a) The commission shall remove any containers or other
materials that are not fixed to the vessel and contain hazardous
substances, as defined under RCW 70.105D.020.
(b) However, the commission may transfer a vessel with:
(i) Those containers or materials described under (a) of this
subsection where the transferee demonstrates to the commission's
satisfaction that the container's or material's presence is consistent
with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the commission,
based on factors including the vessel's size, condition, and
anticipated use of the vessel, including initial destination following
transfer.
(c) The commission may consult with the department of ecology in
carrying out the requirements of this subsection.
(3) Prior to sale, and unless the vessel has a title or valid
marine document, the commission is required to apply for a certificate
of title for the vessel under RCW 88.02.510 and register the vessel
under RCW 88.02.550.
NEW SECTION. Sec. 13 A new section is added to chapter 47.01 RCW
to read as follows:
(1) Prior to transferring ownership of a department-owned vessel,
the department shall conduct a thorough review of the physical
condition of the vessel, the vessel's operating capability, and any
containers and other materials that are not fixed to the vessel.
(2) If the department determines that the vessel is in a state of
advanced deterioration or poses a reasonably imminent threat to human
health or safety, including a threat of environmental contamination,
the department may: (a) Not transfer the vessel until the conditions
identified under this subsection have been corrected; or (b)
permanently dispose of the vessel by landfill, deconstruction, or other
related method.
NEW SECTION. Sec. 14 A new section is added to chapter 47.01 RCW
to read as follows:
(1) Following the inspection required under section 13 of this act
and prior to transferring ownership of a department-owned vessel, the
department shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the
vessel; and
(b) Information demonstrating the prospective owner's intent to
obtain legal moorage following the transfer, in the manner determined
by the department.
(2)(a) The department shall remove any containers or other
materials that are not fixed to the vessel and contain hazardous
substances, as defined under RCW 70.105D.020.
(b) However, the department may transfer a vessel with:
(i) Those containers or materials described under (a) of this
subsection where the transferee demonstrates to the department's
satisfaction that the container's or material's presence is consistent
with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the department,
based on factors including the vessel's size, condition, and
anticipated use of the vessel, including initial destination following
transfer.
(c) The department may consult with the department of ecology in
carrying out the requirements of this subsection.
(3) Prior to sale, and unless the vessel has a title or valid
marine document, the department is required to apply for a certificate
of title for the vessel under RCW 88.02.510 and register the vessel
under RCW 88.02.550.
NEW SECTION. Sec. 15 A new section is added to chapter 35.21 RCW
to read as follows:
(1) Prior to transferring ownership of a city or town-owned vessel,
the city or town shall conduct a thorough review of the physical
condition of the vessel, the vessel's operating capability, and any
containers and other materials that are not fixed to the vessel.
(2) If the city or town determines the vessel is in a state of
advanced deterioration or poses a reasonably imminent threat to human
health or safety, including a threat of environmental contamination,
the city or town may: (a) Not transfer the vessel until the conditions
identified under this subsection have been corrected; or (b)
permanently dispose of the vessel by landfill, deconstruction, or other
related method.
(3) Vessels taken into custody under chapter 79.100 RCW are not
subject to this section or section 16 of this act.
NEW SECTION. Sec. 16 A new section is added to chapter 35.21 RCW
to read as follows:
(1) Following the inspection required under section 15 of this act
and prior to transferring ownership of a city or town-owned vessel, a
city or town shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the
vessel; and
(b) Information demonstrating the prospective owner's intent to
obtain legal moorage following the transfer, in the manner determined
by the city or town.
(2)(a) The city or town shall remove any containers or other
materials that are not fixed to the vessel and contain hazardous
substances, as defined under RCW 70.105D.020.
(b) However, the city or town may transfer a vessel with:
(i) Those containers or materials described under (a) of this
subsection where the transferee demonstrates to the city or town's
satisfaction that the container's or material's presence is consistent
with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the city or town,
based on factors including the vessel's size, condition, and
anticipated use of the vessel, including initial destination following
transfer.
(c) The city or town may consult with the department of ecology in
carrying out the requirements of this subsection.
(3) Prior to sale, and unless the vessel has a title or valid
marine document, the city or town is required to apply for a
certificate of title for the vessel under RCW 88.02.510 and register
the vessel under RCW 88.02.550.
NEW SECTION. Sec. 17 A new section is added to chapter 35A.21
RCW to read as follows:
(1) Prior to transferring ownership of a code city-owned vessel,
the code city shall conduct a thorough review of the physical condition
of the vessel, the vessel's operating capability, and any containers
and other materials that are not fixed to the vessel.
(2) If the code city determines that the vessel is in a state of
advanced deterioration or poses a reasonably imminent threat to human
health or safety, including a threat of environmental contamination,
the code city may: (a) Not transfer the vessel until the conditions
identified under this subsection have been corrected; or (b)
permanently dispose of the vessel by landfill, deconstruction, or other
related method.
(3) Vessels taken into custody under chapter 79.100 RCW are not
subject to this section or section 18 of this act.
NEW SECTION. Sec. 18 A new section is added to chapter 35A.21
RCW to read as follows:
(1) Following the inspection required under section 17 of this act
and prior to transferring ownership of a code city-owned vessel, a code
city shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the
vessel; and
(b) Information demonstrating the prospective owner's intent to
obtain legal moorage following the transfer, in the manner determined
by the code city.
(2)(a) The code city shall remove any containers or other materials
that are not fixed to the vessel and contain hazardous substances, as
defined under RCW 70.105D.020.
(b) However, the code city may transfer a vessel with:
(i) Those containers or materials described under (a) of this
subsection where the transferee demonstrates to the code city's
satisfaction that the container's or material's presence is consistent
with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the code city,
based on factors including the vessel's size, condition, and
anticipated use of the vessel, including initial destination following
transfer.
(c) The code city may consult with the department of ecology in
carrying out the requirements of this subsection.
(3) Prior to sale, and unless the vessel has a title or valid
marine document, the code city is required to apply for a certificate
of title for the vessel under RCW 88.02.510 and register the vessel
under RCW 88.02.550.
NEW SECTION. Sec. 19 A new section is added to chapter 36.32 RCW
to read as follows:
(1) Prior to transferring ownership of a county-owned vessel, the
county shall conduct a thorough review of the physical condition of the
vessel, the vessel's operating capability, and any containers and other
materials that are not fixed to the vessel.
(2) If the county determines that the vessel is in a state of
advanced deterioration or poses a reasonably imminent threat to human
health or safety, including a threat of environmental contamination,
the county may: (a) Not transfer the vessel until the conditions
identified under this subsection have been corrected; or (b)
permanently dispose of the vessel by landfill, deconstruction, or other
related method.
(3) Vessels taken into custody under chapter 79.100 RCW are not
subject to this section or section 20 of this act.
NEW SECTION. Sec. 20 A new section is added to chapter 36.32 RCW
to read as follows:
(1) Following the inspection required under section 19 of this act
and prior to transferring ownership of a county-owned vessel, a county
shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the
vessel; and
(b) Information demonstrating the prospective owner's intent to
obtain legal moorage following the transfer, in the manner determined
by the county.
(2)(a) The county shall remove any containers or other materials
that are not fixed to the vessel and contain hazardous substances, as
defined under RCW 70.105D.020.
(b) However, the county may transfer a vessel with:
(i) Those containers or materials described under (a) of this
subsection where the transferee demonstrates to the county's
satisfaction that the container's or material's presence is consistent
with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the county, based
on factors including the vessel's size, condition, and anticipated use
of the vessel including initial destination following transfer.
(c) The county may consult with the department of ecology in
carrying out the requirements of this subsection.
(3) Prior to sale, and unless the vessel has a title or valid
marine document, the county is required to apply for a certificate of
title for the vessel under RCW 88.02.510 and register the vessel under
RCW 88.02.550.
NEW SECTION. Sec. 21 A new section is added to chapter 53.08 RCW
to read as follows:
(1) Prior to transferring ownership of a vessel owned by a port
district and used primarily to conduct port business, the port district
shall conduct a thorough review of the physical condition of the
vessel, the vessel's operating capability, and any containers and other
materials that are not fixed to the vessel.
(2) If the port district determines that the vessel is in a state
of advanced deterioration or poses a reasonably imminent threat to
human health or safety, including a threat of environmental
contamination, the port district may: (a) Not transfer the vessel
until the conditions identified under this subsection have been
corrected; or (b) permanently dispose of the vessel by landfill,
deconstruction, or other related method.
(3) Vessels taken into custody under chapter 79.100 RCW are not
subject to this section or section 22 of this act.
NEW SECTION. Sec. 22 A new section is added to chapter 53.08 RCW
to read as follows:
(1) Following the inspection required under section 21 of this act
and prior to transferring ownership of a port district-owned vessel, a
port district shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the
vessel; and
(b) Information demonstrating the prospective owner's intent to
obtain legal moorage following the transfer, in the manner determined
by the port district.
(2)(a) The port district shall remove any containers or other
materials that are not fixed to the vessel and contain hazardous
substances, as defined under RCW 70.105D.020.
(b) However, the port district may transfer a vessel with:
(i) Those containers or materials described under (a) of this
subsection where the transferee demonstrates to the port district's
satisfaction that the container's or material's presence is consistent
with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the port
district, based on factors including the vessel's size, condition, and
anticipated use of the vessel including initial destination following
transfer.
(c) The port district may consult with the department of ecology in
carrying out the requirements of this subsection.
(3) Prior to sale, and unless the vessel has a title or valid
marine document, the port district is required to apply for a
certificate of title for the vessel under RCW 88.02.510 and register
the vessel under RCW 88.02.550.
NEW SECTION. Sec. 23 A new section is added to chapter 43.21A
RCW to read as follows:
(1) Prior to transferring ownership of a department-owned vessel,
the department shall conduct a thorough review of the physical
condition of the vessel, the vessel's operating capability, and any
containers and other materials that are not fixed to the vessel.
(2) If the department determines that the vessel is in a state of
advanced deterioration or poses a reasonably imminent threat to human
health or safety, including a threat of environmental contamination,
the department may: (a) Not transfer the vessel until the conditions
identified under this subsection have been corrected; or (b)
permanently dispose of the vessel by landfill, deconstruction, or other
related method.
NEW SECTION. Sec. 24 A new section is added to chapter 43.21A
RCW to read as follows:
(1) Following the inspection required under section 23 of this act
and prior to transferring ownership of a department-owned vessel, the
department shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the
vessel; and
(b) Information demonstrating the prospective owner's intent to
obtain legal moorage following the transfer, in the manner determined
by the department.
(2)(a) The department shall remove any containers or other
materials that are not fixed to the vessel and contain hazardous
substances, as defined under RCW 70.105D.020.
(b) However, the department may transfer a vessel with:
(i) Those containers or materials described under (a) of this
subsection where the transferee demonstrates to the department's
satisfaction that the container's or material's presence is consistent
with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the department,
based on factors including the vessel's size, condition, and
anticipated use of the vessel including initial destination following
transfer.
(3) Prior to sale, and unless the vessel has a valid marine
document, the department is required to apply for a title or
certificate of title for the vessel under RCW 88.02.510 and register
the vessel under RCW 88.02.550.
NEW SECTION. Sec. 25 A new section is added to chapter 28B.10
RCW to read as follows:
(1) Prior to transferring ownership of an institution-owned vessel,
an institution of higher education shall conduct a thorough review of
the physical condition of the vessel, the vessel's operating
capability, and any containers and other materials that are not fixed
to the vessel.
(2) If the institution of higher education determines that the
vessel is in a state of advanced deterioration or poses a reasonably
imminent threat to human health or safety, including a threat of
environmental contamination, the institution of higher education may:
(a) Not transfer the vessel until the conditions identified under this
subsection have been corrected; or (b) permanently dispose of the
vessel by landfill, deconstruction, or other related method.
NEW SECTION. Sec. 26 A new section is added to chapter 28B.10
RCW to read as follows:
(1) Following the inspection required under section 25 of this act
and prior to transferring ownership of an institution-owned vessel, the
institution of higher education shall obtain the following from the
transferee:
(a) The purposes for which the transferee intends to use the
vessel; and
(b) Information demonstrating the prospective owner's intent to
obtain legal moorage following the transfer, in the manner determined
by the institution of higher education.
(2)(a) The institution of higher education shall remove any
containers or other materials that are not fixed to the vessel and
contain hazardous substances, as defined under RCW 70.105D.020.
(b) However, the institution of higher education may transfer a
vessel with:
(i) Those containers or materials described under (a) of this
subsection where the transferee demonstrates to the institution of
higher education's satisfaction that the container's or material's
presence is consistent with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the institution
of higher education, based on factors including the vessel's size,
condition, and anticipated use of the vessel including initial
destination following transfer.
(c) The institution of higher education may consult with the
department of ecology in carrying out the requirements of this
subsection.
(3) Prior to sale, and unless the vessel has a title or valid
marine document, the institution of higher education is required to
apply for a certificate of title for the vessel under RCW 88.02.510 and
register the vessel under RCW 88.02.550.
Sec. 27 RCW 28B.10.029 and 2012 c 230 s 4 are each amended to
read as follows:
(1)(a) An institution of higher education may, consistent with
sections 25 and 26 of this act, exercise independently those powers
otherwise granted to the director of enterprise services in chapter
43.19 RCW in connection with the purchase and disposition of all
material, supplies, services, and equipment needed for the support,
maintenance, and use of the respective institution of higher education.
(b) Property disposition policies followed by institutions of
higher education shall be consistent with policies followed by the
department of enterprise services.
(c)(i) Except as provided in (c)(ii) and (iii) of this subsection,
purchasing policies and procedures followed by institutions of higher
education shall be in compliance with chapters 39.19, 39.29, and 43.03
RCW, and RCW ((43.19.1901, 43.19.1906, 43.19.1911,)) 43.19.1917,
((43.19.1937,)) 43.19.685, ((43.19.700 through 43.19.704)) 39.26.260
through 39.26.271, and 43.19.560 through 43.19.637.
(ii) Institutions of higher education may use all appropriate means
for making and paying for travel arrangements including, but not
limited to, electronic booking and reservations, advance payment and
deposits for tours, lodging, and other necessary expenses, and other
travel transactions based on standard industry practices and federal
accountable plan requirements. Such arrangements shall support
student, faculty, staff, and other participants' travel, by groups and
individuals, both domestic and international, in the most cost-effective and efficient manner possible, regardless of the source of
funds.
(iii) Formal sealed, electronic, or web-based competitive bidding
is not necessary for purchases or personal services contracts by
institutions of higher education for less than one hundred thousand
dollars. However, for purchases and personal services contracts of ten
thousand dollars or more and less than one hundred thousand dollars,
quotations must be secured from at least three vendors to assure
establishment of a competitive price and may be obtained by telephone,
electronic, or written quotations, or any combination thereof. As part
of securing the three vendor quotations, institutions of higher
education must invite at least one quotation each from a certified
minority and a certified woman-owned vendor that otherwise qualifies to
perform the work. A record of competition for all such purchases and
personal services contracts of ten thousand dollars or more and less
than one hundred thousand dollars must be documented for audit
purposes.
(d) Purchases under chapter 39.29, 43.19, or 43.105 RCW by
institutions of higher education may be made by using contracts for
materials, supplies, services, or equipment negotiated or entered into
by, for, or through group purchasing organizations.
(e) The community and technical colleges shall comply with RCW
43.19.450.
(f) Except for the University of Washington, institutions of higher
education shall comply with RCW 43.19.769, 43.19.763, and 43.19.781.
(g) If an institution of higher education can satisfactorily
demonstrate to the director of the office of financial management that
the cost of compliance is greater than the value of benefits from any
of the following statutes, then it shall be exempt from them: RCW
43.19.685 and 43.19.637.
(h) Any institution of higher education that chooses to exercise
independent purchasing authority for a commodity or group of
commodities shall notify the director of enterprise services.
Thereafter the director of enterprise services shall not be required to
provide those services for that institution for the duration of the
enterprise services contract term for that commodity or group of
commodities.
(2) The council of presidents and the state board for community and
technical colleges shall convene its correctional industries business
development advisory committee, and work collaboratively with
correctional industries, to:
(a) Reaffirm purchasing criteria and ensure that quality, service,
and timely delivery result in the best value for expenditure of state
dollars;
(b) Update the approved list of correctional industries products
from which higher education shall purchase; and
(c) Develop recommendations on ways to continue to build
correctional industries' business with institutions of higher
education.
(3) Higher education and correctional industries shall develop a
plan to build higher education business with correctional industries to
increase higher education purchases of correctional industries
products, based upon the criteria established in subsection (2) of this
section. The plan shall include the correctional industries'
production and sales goals for higher education and an approved list of
products from which higher education institutions shall purchase, based
on the criteria established in subsection (2) of this section. Higher
education and correctional industries shall report to the legislature
regarding the plan and its implementation no later than January 30,
2005.
(4)(a) Institutions of higher education shall set as a target to
contract, beginning not later than June 30, 2006, to purchase one
percent of the total goods and services required by the institutions
each year produced or provided in whole or in part from class II inmate
work programs operated by the department of corrections. Institutions
of higher education shall set as a target to contract, beginning not
later than June 30, 2008, to purchase two percent of the total goods
and services required by the institutions each year produced or
provided in whole or in part from class II inmate work programs
operated by the department of corrections.
(b) Institutions of higher education shall endeavor to assure the
department of corrections has notifications of bid opportunities with
the goal of meeting or exceeding the purchasing target in (a) of this
subsection.
NEW SECTION. Sec. 28 (1) The department of natural resource must
reevaluate the criteria developed under RCW 79.100.100 regarding the
prioritization of vessel removals funded by the derelict vessel removal
account. This reprioritization process must occur by January 30, 2014,
and consider how vessels located in the vicinity of aquaculture
operations and other sensitive areas should be prioritized.
(2) This section expires July 31, 2015.
Sec. 29 RCW 88.02.380 and 2010 c 161 s 1006 are each amended to
read as follows:
(1) Except as otherwise provided in this chapter, and, in part, in
order to prevent the future potential dereliction or abandonment of a
vessel, a violation of this chapter and the rules adopted by the
department is a ((misdemeanor punishable only by a fine not to exceed
one hundred dollars per vessel for the first violation. Subsequent
violations in the same year are subject to the following fines:)) class 2 civil infraction.
(a) For the second violation, a fine of two hundred dollars per
vessel;
(b) For the third and successive violations, a fine of four hundred
dollars per vessel
(2) A ((violation designated in this chapter as a)) civil
infraction issued under this chapter must be ((punished accordingly
pursuant to)) processed under chapter 7.80 RCW.
(3) After the subtraction of court costs and administrative
collection fees, moneys collected under this section must be credited
to the ((current expense fund of the arresting jurisdiction)) ticketing
jurisdiction and used only for the support of the enforcement agency,
department, division, or program that issued the violation.
(4) All law enforcement officers may enforce this chapter and the
rules adopted by the department within their respective jurisdictions.
A city, town, or county may contract with a fire protection district
for enforcement of this chapter, and fire protection districts may
engage in enforcement activities.
Sec. 30 RCW 88.02.340 and 2010 c 161 s 1004 are each amended to
read as follows:
(1) Any person charged with the enforcement of this chapter may
inspect the registration certificate of a vessel to ascertain the legal
and registered ownership of the vessel. A vessel owner or operator who
fails to provide the registration certificate for inspection upon the
request of any person charged with enforcement of this chapter ((is a
class 2 civil infraction)) may be found to be in violation of this
chapter.
(2) The department may require the inspection of vessels that are
brought into this state from another state and for which a certificate
of title has not been issued and for any other vessel if the department
determines that inspection of the vessel will help to verify the
accuracy of the information set forth on the application.
Sec. 31 RCW 88.02.550 and 2010 c 161 s 1017 are each amended to
read as follows:
(1) Except as provided in this chapter, a person may not own or
operate any vessel, including a rented vessel, on the waters of this
state unless the vessel has been registered and displays a registration
number and a valid decal in accordance with this chapter. A vessel
that has or is required to have a valid marine document as a vessel of
the United States is only required to display a valid decal. ((A
violation of this section is a class 2 civil infraction.))
(2) A vessel numbered in this state under the federal boat safety
act of 1971 (85 Stat. 213, 46 U.S.C. 4301 et seq.) is not required to
be registered under this chapter until the certificate of number issued
for the vessel under the federal boat safety act expires. When
registering under this chapter, this type of vessel is subject to the
amount of excise tax due under chapter 82.49 RCW that would have been
due under chapter 82.49 RCW if the vessel had been registered at the
time otherwise required under this chapter.
Sec. 32 RCW 79.100.120 and 2010 c 210 s 34 are each amended to
read as follows:
(1) A person seeking to contest an authorized public entity's
decision to take temporary possession or custody of a vessel under this
chapter, or to contest the amount of reimbursement owed to an
authorized public entity under this chapter, may request a hearing in
accordance with this section.
(2)(a) If the contested decision or action was undertaken by a
state agency, a written request for a hearing related to the decision
or action must be filed with the pollution control hearings board and
served on the state agency in accordance with RCW 43.21B.230 (2) and
(3) within thirty days of the date the authorized public entity
acquires custody of the vessel under RCW 79.100.040, or if the vessel
is redeemed before the authorized public entity acquires custody, the
date of redemption, or the right to a hearing is deemed waived and the
vessel's owner is liable for any costs owed the authorized public
entity. In the event of litigation, the prevailing party is entitled
to reasonable attorneys' fees and costs.
(b) Upon receipt of a timely hearing request, the pollution control
hearings board shall proceed to hear and determine the validity of the
decision to take the vessel into temporary possession or custody and
the reasonableness of any towing, storage, or other charges permitted
under this chapter. Within five business days after the request for a
hearing is filed, the pollution control hearings board shall notify the
vessel owner requesting the hearing and the authorized public entity of
the date, time, and location for the hearing. Unless the vessel is
redeemed before the request for hearing is filed, the pollution control
hearings board shall set the hearing on a date that is within ten
business days of the filing of the request for hearing. If the vessel
is redeemed before the request for a hearing is filed, the pollution
control hearings board shall set the hearing on a date that is within
sixty days of the filing of the request for hearing.
(c) Consistent with RCW 43.21B.305, a proceeding brought under this
subsection may be heard by one member of the pollution control hearings
board, whose decision is the final decision of the board.
(3)(a) If the contested decision or action was undertaken by a
metropolitan park district, port district, city, town, or county, which
has adopted rules or procedures for contesting decisions or actions
pertaining to derelict or abandoned vessels, those rules or procedures
must be followed in order to contest a decision to take temporary
possession or custody of a vessel, or to contest the amount of
reimbursement owed.
(b) If the metropolitan park district, port district, city, town,
or county has not adopted rules or procedures for contesting decisions
or actions pertaining to derelict or abandoned vessels, then a person
requesting a hearing under this section must follow the procedure
established in ((RCW 53.08.320(5) for contesting the decisions or
actions of moorage facility operators)) subsection (2) of this section.
Sec. 33 RCW 43.21B.110 and 2010 c 210 s 7 and 2010 c 84 s 2 are
each reenacted and amended to read as follows:
(1) The hearings board shall only have jurisdiction to hear and
decide appeals from the following decisions of the department, the
director, local conservation districts, the air pollution control
boards or authorities as established pursuant to chapter 70.94 RCW,
local health departments, the department of natural resources, the
department of fish and wildlife, ((and)) the parks and recreation
commission, and authorized public entities described in chapter 79.100
RCW:
(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431,
70.105.080, 70.107.050, 76.09.170, 77.55.291, 78.44.250, 88.46.090,
90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.
(b) Orders issued pursuant to RCW 18.104.043, 18.104.060,
43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070,
90.14.130, 90.46.250, 90.48.120, and 90.56.330.
(c) A final decision by the department or director made under
chapter 183, Laws of 2009.
(d) Except as provided in RCW 90.03.210(2), the issuance,
modification, or termination of any permit, certificate, or license by
the department or any air authority in the exercise of its
jurisdiction, including the issuance or termination of a waste disposal
permit, the denial of an application for a waste disposal permit, the
modification of the conditions or the terms of a waste disposal permit,
or a decision to approve or deny an application for a solid waste
permit exemption under RCW 70.95.300.
(e) Decisions of local health departments regarding the grant or
denial of solid waste permits pursuant to chapter 70.95 RCW.
(f) Decisions of local health departments regarding the issuance
and enforcement of permits to use or dispose of biosolids under RCW
70.95J.080.
(g) Decisions of the department regarding waste-derived fertilizer
or micronutrient fertilizer under RCW 15.54.820, and decisions of the
department regarding waste-derived soil amendments under RCW 70.95.205.
(h) Decisions of local conservation districts related to the denial
of approval or denial of certification of a dairy nutrient management
plan; conditions contained in a plan; application of any dairy nutrient
management practices, standards, methods, and technologies to a
particular dairy farm; and failure to adhere to the plan review and
approval timelines in RCW 90.64.026.
(i) Any other decision by the department or an air authority which
pursuant to law must be decided as an adjudicative proceeding under
chapter 34.05 RCW.
(j) Decisions of the department of natural resources, the
department of fish and wildlife, and the department that are reviewable
under chapter 76.09 RCW, and the department of natural resources'
appeals of county, city, or town objections under RCW 76.09.050(7).
(k) Forest health hazard orders issued by the commissioner of
public lands under RCW 76.06.180.
(l) Decisions of the department of fish and wildlife to issue,
deny, condition, or modify a hydraulic project approval permit under
chapter 77.55 RCW.
(m) Decisions of the department of natural resources that are
reviewable under RCW 78.44.270.
(n) Decisions of ((a state agency that is)) an authorized public
entity under RCW 79.100.010 to take temporary possession or custody of
a vessel or to contest the amount of reimbursement owed that are
reviewable by the hearings board under RCW 79.100.120.
(2) The following hearings shall not be conducted by the hearings
board:
(a) Hearings required by law to be conducted by the shorelines
hearings board pursuant to chapter 90.58 RCW.
(b) Hearings conducted by the department pursuant to RCW 70.94.332,
70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
(c) Appeals of decisions by the department under RCW 90.03.110 and
90.44.220.
(d) Hearings conducted by the department to adopt, modify, or
repeal rules.
(((e) Appeals of decisions by the department as provided in chapter
43.21L RCW.))
(3) Review of rules and regulations adopted by the hearings board
shall be subject to review in accordance with the provisions of the
administrative procedure act, chapter 34.05 RCW.
Sec. 34 RCW 43.21B.110 and 2010 c 210 s 8 and 2010 c 84 s 3 are
each reenacted and amended to read as follows:
(1) The hearings board shall only have jurisdiction to hear and
decide appeals from the following decisions of the department, the
director, local conservation districts, the air pollution control
boards or authorities as established pursuant to chapter 70.94 RCW,
local health departments, the department of natural resources, the
department of fish and wildlife, ((and)) the parks and recreation
commission, and authorized public entities described in chapter 79.100
RCW:
(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431,
70.105.080, 70.107.050, 76.09.170, 77.55.291, 78.44.250, 88.46.090,
90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.
(b) Orders issued pursuant to RCW 18.104.043, 18.104.060,
43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070,
90.14.130, 90.46.250, 90.48.120, and 90.56.330.
(c) Except as provided in RCW 90.03.210(2), the issuance,
modification, or termination of any permit, certificate, or license by
the department or any air authority in the exercise of its
jurisdiction, including the issuance or termination of a waste disposal
permit, the denial of an application for a waste disposal permit, the
modification of the conditions or the terms of a waste disposal permit,
or a decision to approve or deny an application for a solid waste
permit exemption under RCW 70.95.300.
(d) Decisions of local health departments regarding the grant or
denial of solid waste permits pursuant to chapter 70.95 RCW.
(e) Decisions of local health departments regarding the issuance
and enforcement of permits to use or dispose of biosolids under RCW
70.95J.080.
(f) Decisions of the department regarding waste-derived fertilizer
or micronutrient fertilizer under RCW 15.54.820, and decisions of the
department regarding waste-derived soil amendments under RCW 70.95.205.
(g) Decisions of local conservation districts related to the denial
of approval or denial of certification of a dairy nutrient management
plan; conditions contained in a plan; application of any dairy nutrient
management practices, standards, methods, and technologies to a
particular dairy farm; and failure to adhere to the plan review and
approval timelines in RCW 90.64.026.
(h) Any other decision by the department or an air authority which
pursuant to law must be decided as an adjudicative proceeding under
chapter 34.05 RCW.
(i) Decisions of the department of natural resources, the
department of fish and wildlife, and the department that are reviewable
under chapter 76.09 RCW, and the department of natural resources'
appeals of county, city, or town objections under RCW 76.09.050(7).
(j) Forest health hazard orders issued by the commissioner of
public lands under RCW 76.06.180.
(k) Decisions of the department of fish and wildlife to issue,
deny, condition, or modify a hydraulic project approval permit under
chapter 77.55 RCW.
(l) Decisions of the department of natural resources that are
reviewable under RCW 78.44.270.
(m) Decisions of ((a state agency that is)) an authorized public
entity under RCW 79.100.010 to take temporary possession or custody of
a vessel or to contest the amount of reimbursement owed that are
reviewable by the hearings board under RCW 79.100.120.
(2) The following hearings shall not be conducted by the hearings
board:
(a) Hearings required by law to be conducted by the shorelines
hearings board pursuant to chapter 90.58 RCW.
(b) Hearings conducted by the department pursuant to RCW 70.94.332,
70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
(c) Appeals of decisions by the department under RCW 90.03.110 and
90.44.220.
(d) Hearings conducted by the department to adopt, modify, or
repeal rules.
(((e) Appeals of decisions by the department as provided in chapter
43.21L RCW.))
(3) Review of rules and regulations adopted by the hearings board
shall be subject to review in accordance with the provisions of the
administrative procedure act, chapter 34.05 RCW.
Sec. 35 RCW 90.56.410 and 1990 c 116 s 23 are each amended to
read as follows:
(1) The department, through its duly authorized representatives,
shall have the power to enter upon any private or public property,
including the boarding of any ship, at any reasonable time, and the
owner, managing agent, master, or occupant of such property shall
permit such entry for the purpose of investigating conditions relating
to violations or possible violations of this chapter, and to have
access to any pertinent records relating to such property, including
but not limited to operation and maintenance records and logs. The
authority granted ((herein)) in this section shall not be construed to
require any person to divulge trade secrets or secret processes. The
director may issue subpoenas for the production of any books, records,
documents, or witnesses in any hearing conducted pursuant to this
chapter.
(2) For the purpose of assessing and mitigating the threat to
health, safety, and the environment and identifying ownership, the
department may board any vessel, at any reasonable time, that meets the
definition of "abandoned vessel" or "derelict vessel" as provided in
RCW 79.100.010.
Sec. 36 RCW 79.100.040 and 2007 c 342 s 2 are each amended to
read as follows:
(1) Prior to exercising the authority granted in RCW 79.100.030,
the authorized public entity must first obtain custody of the vessel.
To do so, the authorized public entity must:
(a) Mail notice of its intent to obtain custody, at least twenty
days prior to taking custody, to the last known address of the previous
owner to register the vessel in any state or with the federal
government and to any lien holders or secured interests on record. A
notice need not be sent to the purported owner or any other person
whose interest in the vessel is not recorded with a state or federal
agency;
(b) Post notice of its intent clearly on the vessel for thirty days
and publish its intent at least once, more than ten days but less than
twenty days prior to taking custody, in a newspaper of general
circulation for the county in which the vessel is located; and
(c) Post notice of its intent on the department's internet web site
on a page specifically designated for such notices. If the authorized
public entity is not the department, the department must facilitate the
internet posting.
(2) All notices sent, posted, or published in accordance with this
section must, at a minimum, explain the intent of the authorized public
entity to take custody of the vessel, the rights of the authorized
public entity after taking custody of the vessel as provided in RCW
79.100.030, the procedures the owner must follow in order to avoid
custody being taken by the authorized public entity, the procedures the
owner must follow in order to reclaim possession after custody is taken
by the authorized public entity, and the financial liabilities that the
owner may incur as provided for in RCW 79.100.060.
(3)(a) ((If a)) Any authorized public entity may tow, beach, or
otherwise take temporary possession of a vessel if the owner of the
vessel cannot be located or is unwilling or unable to assume immediate
responsibility for the vessel and if the vessel ((is)):
(i) Is in immediate danger of sinking, breaking up, or blocking
navigational channels; or
(ii) Poses a reasonably imminent threat to human health or safety,
including a threat of environmental contamination((; and (iii) the
owner of the vessel cannot be located or is unwilling or unable to
assume immediate responsibility for the vessel, any authorized public
entity may tow, beach, or otherwise take temporary possession of the
vessel)).
(b) Before taking temporary possession of the vessel, the
authorized public entity must make reasonable attempts to consult with
the department or the United States coast guard to ensure that other
remedies are not available. The basis for taking temporary possession
of the vessel must be set out in writing by the authorized public
entity within seven days of taking action and be submitted to the
owner, if known, as soon thereafter as is reasonable. If the
authorized public entity has not already provided the required notice,
immediately after taking possession of the vessel, the authorized
public entity must initiate the notice provisions in subsection (1) of
this section. The authorized public entity must complete the notice
requirements of subsection (1) of this section before using or
disposing of the vessel as authorized in RCW 79.100.050.
(4) An authorized public entity may invite the department of
ecology to use the authority granted to it under RCW 90.56.410 prior
to, or concurrently with, obtaining custody of a vessel under this
section. However, this is not a necessary prerequisite to an
authorized public entity obtaining custody.
NEW SECTION. Sec. 37 A new section is added to chapter 79.100
RCW to read as follows:
(1) Beginning July 1, 2014, a vessel owner must obtain a vessel
inspection under this section prior to transferring a vessel that is:
(a) More than sixty-five feet in length and more than forty years
old; and
(b) Either:
(i) Is registered or required to be registered under chapter 88.02
RCW; or
(ii) Is listed or required to be listed under chapter 84.40 RCW.
(2) Where required under subsection (1) of this section, a vessel
owner must provide a copy of the vessel inspection documentation to the
transferee and, if the department did not conduct the inspection, to
the department prior to the transfer.
(3) Failure to comply with the requirements of subsections (1) and
(2) of this section will result in the transferor having secondary
liability under RCW 79.100.060 if the vessel is later abandoned by the
transferee or becomes derelict prior to a subsequent ownership
transfer.
NEW SECTION. Sec. 38 (1) By December 31, 2013, the department
shall adopt by rule procedures and standards for the vessel inspections
required under section 37 of this act. The procedures and standards
must identify the public or private entities authorized to conduct
inspections, the required elements of an inspection, and the manner in
which inspection results must be documented. The vessel inspection
required under this section must be designed to:
(a) Provide the transferee with current information about the
condition of the vessel, including the condition of its hull and key
operating systems, prior to the transfer;
(b) Provide the department with information under (a) of this
subsection for each applicable vessel and, more broadly, to improve the
department's understanding of the condition of the larger, older boats
in the state's waters;
(c) Discourage the future abandonment or dereliction of the vessel;
and
(d) Maximize the efficiency and effectiveness of the inspection
process, including with respect to the time and resources of the
transferor, transferee, and the state.
(2) The department shall work with appropriate government agencies
and stakeholders in designing the inspection process and standards
under this section.
(3) This section expires July 31, 2014.
Sec. 39 RCW 79.100.060 and 2006 c 153 s 4 are each amended to
read as follows:
(1) The owner of an abandoned or derelict vessel, or any person or
entity that has incurred secondary liability under section 37 of this
act, is responsible for reimbursing an authorized public entity for all
reasonable and auditable costs associated with the removal or disposal
of the owner's vessel under this chapter. These costs include, but are
not limited to, costs incurred exercising the authority granted in RCW
79.100.030, all administrative costs incurred by the authorized public
entity during the procedure set forth in RCW 79.100.040, removal and
disposal costs, and costs associated with environmental damages
directly or indirectly caused by the vessel. An authorized public
entity that has taken temporary possession of a vessel may require that
all reasonable and auditable costs associated with the removal of the
vessel be paid before the vessel is released to the owner.
(2) Reimbursement for costs may be sought from an owner, or any
person or entity that has incurred secondary liability under section 37
of this act, who is identified subsequent to the vessel's removal and
disposal.
(3) If the full amount of all costs due to the authorized public
entity under this chapter is not paid to the authorized public entity
within thirty days after first notifying the responsible parties of the
amounts owed, the authorized public entity or the department may bring
an action in any court of competent jurisdiction to recover the costs,
plus reasonable attorneys' fees and costs incurred by the authorized
public entity.
Sec. 40 RCW 88.26.020 and 1993 c 474 s 2 are each amended to read
as follows:
(1) Any private moorage facility operator may take reasonable
measures, including the use of chains, ropes, and locks, or removal
from the water, to secure vessels within the private moorage facility
so that the vessels are in the possession and control of the operator
and cannot be removed from the facility. These procedures may be used
if an owner mooring or storing a vessel at the facility fails, after
being notified that charges are owing and of the owner's right to
commence legal proceedings to contest that such charges are owing, to
pay charges owed or to commence legal proceedings. Notification shall
be by two separate letters, one sent by first-class mail and one sent
by registered mail to the owner and any lienholder of record at the
last known address. In the case of a transient vessel, or where no
address was furnished by the owner, the operator need not give notice
prior to securing the vessel. At the time of securing the vessel, an
operator shall attach to the vessel a readily visible notice. The
notice shall be of a reasonable size and shall contain the following
information:
(a) The date and time the notice was attached;
(b) A statement that if the account is not paid in full within
ninety days from the time the notice is attached the vessel may be sold
at public auction to satisfy the charges; and
(c) The address and telephone number where additional information
may be obtained concerning release of the vessel.
After a vessel is secured, the operator shall make a reasonable
effort to notify the owner and any lienholder of record by registered
mail in order to give the owner the information contained in the
notice.
(2) A private moorage facility operator, at his or her discretion,
may move moored vessels ashore for storage within properties under the
operator's control or for storage with a private person under their
control as bailees of the private moorage facility, if the vessel is,
in the opinion of the operator, a nuisance, in danger of sinking or
creating other damage, or is owing charges. The costs of any such
procedure shall be paid by the vessel's owner.
(3) If a vessel is secured under subsection (1) of this section or
moved ashore under subsection (2) of this section, the owner who is
obligated to the private operator for charges may regain possession of
the vessel by:
(a) Making arrangements satisfactory with the operator for the
immediate removal of the vessel from the facility or for authorized
moorage; and
(b) Making payment to the operator of all charges, or by posting
with the operator a sufficient cash bond or other acceptable security,
to be held in trust by the operator pending written agreement of the
parties with respect to payment by the vessel owner of the amount
owing, or pending resolution of the matter of the charges in a civil
action in a court of competent jurisdiction. After entry of judgment,
including any appeals, in a court of competent jurisdiction, or after
the parties reach agreement with respect to payment, the trust shall
terminate and the operator shall receive so much of the bond or other
security as agreed, or as is necessary, to satisfy any judgment, costs,
and interest as may be awarded to the operator. The balance shall be
refunded immediately to the owner at the last known address.
(4) If a vessel has been secured by the operator under subsection
(1) of this section and is not released to the owner under the bonding
provisions of this section within ninety days after notifying or
attempting to notify the owner under subsection (1) of this section,
the vessel is conclusively presumed to have been abandoned by the
owner.
(5) If a vessel moored or stored at a private moorage facility is
abandoned, the operator may, consistent with section 41 of this act,
authorize the public sale of the vessel by authorized personnel,
consistent with this section, to the highest and best bidder for cash
as follows:
(a) Before the vessel is sold, the vessel owner and any lienholder
of record shall be given at least twenty days' notice of the sale in
the manner set forth in subsection (1) of this section if the name and
address of the owner is known. The notice shall contain the time and
place of the sale, a reasonable description of the vessel to be sold,
and the amount of charges owed with respect to the vessel. The notice
of sale shall be published at least once, more than ten but not more
than twenty days before the sale, in a newspaper of general circulation
in the county in which the facility is located. This notice shall
include the name of the vessel, if any, the last known owner and
address, and a reasonable description of the vessel to be sold. The
operator may bid all or part of its charges at the sale and may become
a purchaser at the sale.
(b) Before the vessel is sold, any person seeking to redeem an
impounded vessel under this section may commence a lawsuit in the
superior court for the county in which the vessel was impounded to
contest the validity of the impoundment or the amount of charges owing.
This lawsuit must be commenced within sixty days of the date the
notification was provided under subsection (1) of this section, or the
right to a hearing is deemed waived and the owner is liable for any
charges owing the operator. In the event of litigation, the prevailing
party is entitled to reasonable attorneys' fees and costs.
(c) The proceeds of a sale under this section shall be applied
first to the payment of any liens superior to the claim for charges,
then to payment of the charges, then to satisfy any other liens on the
vessel in the order of their priority. The balance, if any, shall be
paid to the owner. If the owner cannot in the exercise of due
diligence be located by the operator within one year of the date of the
sale, the excess funds from the sale shall revert to the department of
revenue under chapter 63.29 RCW. If the sale is for a sum less than
the applicable charges, the operator is entitled to assert a claim for
deficiency, however, the deficiency judgment shall not exceed the
moorage fees owed for the previous six-month period.
(d) In the event no one purchases the vessel at a sale, or a vessel
is not removed from the premises or other arrangements are not made
within ten days of sale, title to the vessel will revert to the
operator.
(e) Either a minimum bid may be established or a letter of credit
may be required from the buyer, or both, to discourage the future
abandonment of the vessel.
(6) The rights granted to a private moorage facility operator under
this section are in addition to any other legal rights an operator may
have to hold and sell a vessel and in no manner does this section alter
those rights, or affect the priority of other liens on a vessel.
NEW SECTION. Sec. 41 A new section is added to chapter 88.26 RCW
to read as follows:
(1) Prior to selling or otherwise transferring ownership of a
vessel greater than sixty-five feet in length and more than forty years
old lawfully under his or her control, a private moorage facility
operator must conduct a review of the physical condition of the vessel
and the vessel's operating capability.
(2)(a) If the private moorage facility operator determines that the
vessel satisfies the specific element of the definition of derelict
vessel as provided in RCW 79.100.010(5)(c), then the private moorage
facility operator may not sell or transfer ownership of the vessel
unless the vessel is being sold for scrap, salvage, or another use that
will remove the vessel from state waters. The private moorage facility
operator must, prior to sale, require the submittal of a business plan
from the buyer confirming the buyer's intent to use the vessel for
scrap, salvage, or another use that will remove the vessel from state
waters.
(b) The business plan must include the following elements:
(i) Confirmation of the potential owner's intent to scrap, salvage,
or otherwise remove the vessel from state waters;
(ii) Information necessary to implement the plan, including how the
vessel will be moved, moored, or stored prior to dismantling; and
(iii) A description of the vessel's final destination and the
facilities and equipment available at that site.
(3) The private moorage facility operator may initiate a contract
under RCW 79.100.130 to invite the appropriate local government to
utilize its police powers to abate the public nuisance caused by a
vessel located at the private moorage facility.
(4) Nothing in this section prevents a private moorage facility
operator from removing, dismantling, and lawfully disposing of any
vessel lawfully under the operator's control.
Sec. 42 RCW 53.08.320 and 2011 c 247 s 3 are each amended to read
as follows:
A moorage facility operator may adopt all rules necessary for
rental and use of moorage facilities and for the expeditious collection
of port charges. The rules may also establish procedures for the
enforcement of these rules by port district, city, county, metropolitan
park district or town personnel. The rules shall include the
following:
(1) Procedures authorizing moorage facility personnel to take
reasonable measures, including the use of chains, ropes, and locks, or
removal from the water, to secure vessels within the moorage facility
so that the vessels are in the possession and control of the moorage
facility operator and cannot be removed from the moorage facility.
These procedures may be used if an owner mooring or storing a vessel at
the moorage facility fails, after being notified that charges are owing
and of the owner's right to commence legal proceedings to contest that
such charges are owing, to pay the port charges owed or to commence
legal proceedings. Notification shall be by registered mail to the
owner at his or her last known address. In the case of a transient
vessel, or where no address was furnished by the owner, the moorage
facility operator need not give such notice prior to securing the
vessel. At the time of securing the vessel, an authorized moorage
facility employee shall attach to the vessel a readily visible notice.
The notice shall be of a reasonable size and shall contain the
following information:
(a) The date and time the notice was attached;
(b) A statement that if the account is not paid in full within
ninety days from the time the notice is attached, the vessel may be
sold at public auction to satisfy the port charges; and
(c) The address and telephone number where additional information
may be obtained concerning release of the vessel.
After a vessel is secured, the operator shall make a reasonable
effort to notify the owner by registered mail in order to give the
owner the information contained in the notice.
(2) Procedures authorizing moorage facility personnel at their
discretion to move moored vessels ashore for storage within properties
under the operator's control or for storage with private persons under
their control as bailees of the moorage facility, if the vessel is, in
the opinion of port personnel a nuisance, if the vessel is in danger of
sinking or creating other damage, or is owing port charges. Costs of
any such procedure shall be paid by the vessel's owner. If the owner
is not known, or unable to reimburse the moorage facility operator for
the costs of these procedures, the mooring facility operators may seek
reimbursement of ninety percent of all reasonable and auditable costs,
including costs from permanent disposal under section 43 of this act,
from the derelict vessel removal account established in RCW 79.100.100.
(3) If a vessel is secured under subsection (1) of this section or
moved ashore under subsection (2) of this section, the owner who is
obligated to the moorage facility operator for port charges may regain
possession of the vessel by:
(a) Making arrangements satisfactory with the moorage facility
operator for the immediate removal of the vessel from the moorage
facility or for authorized moorage; and
(b) Making payment to the moorage facility operator of all port
charges, or by posting with the moorage facility operator a sufficient
cash bond or other acceptable security, to be held in trust by the
moorage facility operator pending written agreement of the parties with
respect to payment by the vessel owner of the amount owing, or pending
resolution of the matter of the charges in a civil action in a court of
competent jurisdiction. After entry of judgment, including any
appeals, in a court of competent jurisdiction, or after the parties
reach agreement with respect to payment, the trust shall terminate and
the moorage facility operator shall receive so much of the bond or
other security as is agreed, or as is necessary to satisfy any
judgment, costs, and interest as may be awarded to the moorage facility
operator. The balance shall be refunded immediately to the owner at
his or her last known address.
(4) If a vessel has been secured by the moorage facility operator
under subsection (1) of this section and is not released to the owner
under the bonding provisions of this section within ninety days after
notifying or attempting to notify the owner under subsection (1) of
this section, the vessel shall be conclusively presumed to have been
abandoned by the owner.
(5) If a vessel moored or stored at a moorage facility is
abandoned, the moorage facility operator may, consistent with section
43 of this act, by resolution of its legislative authority, authorize
the public sale of the vessel by authorized personnel to the highest
and best bidder for cash as prescribed by this subsection (5). Either
a minimum bid may be established or a letter of credit may be required,
or both, to discourage the future reabandonment of the vessel.
(a) Before the vessel is sold, the owner of the vessel shall be
given at least twenty days' notice of the sale in the manner set forth
in subsection (1) of this section if the name and address of the owner
is known. The notice shall contain the time and place of the sale, a
reasonable description of the vessel to be sold, and the amount of port
charges owed with respect to the vessel. The notice of sale shall be
published at least once, more than ten but not more than twenty days
before the sale, in a newspaper of general circulation in the county in
which the moorage facility is located. Such notice shall include the
name of the vessel, if any, the last known owner and address, and a
reasonable description of the vessel to be sold. The moorage facility
operator may bid all or part of its port charges at the sale and may
become a purchaser at the sale.
(b) Before the vessel is sold, any person seeking to redeem an
impounded vessel under this section may commence a lawsuit in the
superior court for the county in which the vessel was impounded to
contest the validity of the impoundment or the amount of the port
charges owing. Such lawsuit must be commenced within ten days of the
date the notification was provided pursuant to subsection (1) of this
section, or the right to a hearing shall be deemed waived and the owner
shall be liable for any port charges owing the moorage facility
operator. In the event of litigation, the prevailing party shall be
entitled to reasonable attorneys' fees and costs.
(c) The proceeds of a sale under this section shall first be
applied to the payment of port charges. The balance, if any, shall be
paid to the owner. If the owner cannot in the exercise of due
diligence be located by the moorage facility operator within one year
of the date of the sale, the excess funds from the sale shall revert to
the derelict vessel removal account established in RCW 79.100.100. If
the sale is for a sum less than the applicable port charges, the
moorage facility operator is entitled to assert a claim for a
deficiency.
(d) In the event no one purchases the vessel at a sale, or a vessel
is not removed from the premises or other arrangements are not made
within ten days of sale, title to the vessel will revert to the moorage
facility operator.
(6) The rules authorized under this section shall be enforceable
only if the moorage facility has had its tariff containing such rules
conspicuously posted at its moorage facility at all times.
NEW SECTION. Sec. 43 A new section is added to chapter 53.08 RCW
to read as follows:
(1) Prior to selling or otherwise transferring ownership of a
vessel greater than sixty-five feet in length and more than forty years
old lawfully under its control, a moorage facility operator must
conduct a review of the physical condition of the vessel and the
vessel's operating capability.
(2)(a) If the moorage facility operator determines that the vessel
satisfies the specific element of the definition of derelict vessel as
provided in RCW 79.100.010(5)(c), then the moorage facility operator
may not sell or transfer ownership of the vessel unless the vessel is
being sold for scrap, salvage, or another use that will remove the
vessel from state waters. The moorage facility operator must, prior to
sale, require the submittal of a business plan from the buyer
confirming the buyer's intent to use the vessel for scrap, salvage, or
another use that will remove the vessel from state waters.
(b) The business plan must include the following elements:
(i) Confirmation of the potential owner's intent to scrap, salvage,
or otherwise remove the vessel from state waters;
(ii) Information necessary to implement the plan, including how the
vessel will be moved, moored, or stored prior to dismantling; and
(iii) A description of the vessel's final destination and the
facilities and equipment available at that site.
(3) Nothing in this section prevents a moorage facility operator
from removing, dismantling, and lawfully disposing of any vessel
lawfully under the moorage facility's control or pursuing custody of
derelict or abandoned vessels under chapter 79.100 RCW.
Sec. 44 RCW 53.08.310 and 1986 c 260 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this section ((and)), RCW 53.08.320 and
section 43 of this act.
(1) "Port charges" means charges of a moorage facility operator for
moorage and storage, and all other charges owing or to become owing
under a contract between a vessel owner and the moorage facility
operator, or under an officially adopted tariff including, but not
limited to, costs of sale and related legal expenses.
(2) "Vessel" means every species of watercraft or other artificial
contrivance capable of being used as a means of transportation on water
and which does not exceed two hundred feet in length. "Vessel"
includes any trailer used for the transportation of watercraft.
(3) "Moorage facility" means any properties or facilities owned or
operated by a moorage facility operator which are capable of use for
the moorage or storage of vessels.
(4) "Moorage facility operator" means any port district, city,
town, metropolitan park district, or county which owns and/or operates
a moorage facility.
(5) "Owner" means every natural person, firm, partnership,
corporation, association, or organization, or agent thereof, with
actual or apparent authority, who expressly or impliedly contracts for
use of a moorage facility.
(6) "Transient vessel" means a vessel using a moorage facility and
which belongs to an owner who does not have a moorage agreement with
the moorage facility operator. Transient vessels include, but are not
limited to: Vessels seeking a harbor of refuge, day use, or overnight
use of a moorage facility on a space-as-available basis.
Sec. 45 RCW 79A.65.030 and 2002 c 286 s 22 are each amended to
read as follows:
(1)(a) The commission may provide for the public sale of vessels
considered abandoned under RCW 79A.65.020 unless the vessel is greater
than sixty-five feet in length and more than forty years old and
satisfies the specific elements of the definition of derelict vessel
provided in RCW 79.100.010(5)(c). At such sales, the vessels shall be
sold for cash to the highest and best bidder. The commission may
establish either a minimum bid or require a letter of credit, or both,
to discourage the future reabandonment of the vessel.
(b)(i) Vessels that satisfy the specific element of the definition
of derelict vessel provided in RCW 79.100.010(5)(c) must be disposed of
consistent with the authority granted to the commission in chapter
79.100 RCW or sold for scrap, salvage, or another use that will remove
the vessel from state waters. If the vessel is sold for sale, the
commission must require the submittal of a business plan from the buyer
confirming the buyer's intent to use the vessel for scrap, salvage, or
another use that will remove the vessel from state waters. The
business plan must include the following elements:
(A) Confirmation of the potential owner's intent to scrap, salvage,
or otherwise remove the vessel from state waters;
(B) Information necessary to implement the plan, including how the
vessel will be moved, moored, or stored prior to dismantling; and
(C) A description of the vessel's final destination and the
facilities and equipment available at that site.
(ii) The commission may use the authority granted under RCW
79.100.100 regardless of whether or not the vessel has been found to be
abandoned under RCW 79A.65.020.
(2) Before a vessel is sold, the commission shall make a reasonable
effort to provide notice of sale, at least twenty days before the day
of the sale, to each registered owner of a registered vessel and each
owner of an unregistered vessel. The notice shall contain the time and
place of the sale, a reasonable description of the vessel to be sold,
and the amount of charges then owing with respect to the vessel, and a
summary of the rights and procedures under this chapter. A notice of
sale shall be published at least once, more than ten but not more than
twenty days before the sale, in a newspaper of general circulation in
the county in which the commission facility is located. This notice
shall include: (a) If known, the name of the vessel and the last owner
and the owner's address; and (b) a reasonable description of the
vessel. The commission may bid all or part of its charges at the sale
and may become a purchaser at the sale.
(3) Before a vessel is sold, any person seeking to redeem a secured
vessel may commence a lawsuit in the superior court for the county in
which the vessel was secured to contest the commission's decision to
secure the vessel or the amount of charges owing. This lawsuit shall
be commenced within fifteen days of the date the notification was
posted under RCW 79A.65.020(3), or the right to a hearing is deemed
waived and the owner is liable for any charges owing the commission.
In the event of litigation, the prevailing party is entitled to
reasonable attorneys' fees and costs.
(4) The proceeds of a sale under this section shall be applied
first to the payment of the amount of the reasonable charges incurred
by the commission and moorage fees owed to the commission, then to the
owner or to satisfy any liens of record or security interests of record
on the vessel in the order of their priority. If an owner cannot in
the exercise of due diligence be located by the commission within one
year of the date of the sale, any excess funds from the sale, following
the satisfaction of any bona fide security interest, shall revert to
the derelict vessel removal account established in RCW 79.100.100. If
the sale is for a sum less than the applicable charges, the commission
is entitled to assert a claim for the deficiency against the vessel
owner. Nothing in this section prevents any lien holder or secured
party from asserting a claim for any deficiency owed the lien holder or
secured party.
(5) If no one purchases the vessel at a sale, the commission may
proceed to properly dispose of the vessel in any way the commission
considers appropriate, including, but not limited to, destruction of
the vessel or by negotiated sale. The commission may assert a claim
against the owner for any charges incurred thereby. If the vessel, or
any part of the vessel, or any rights to the vessel, are sold under
this subsection, any proceeds from the sale shall be distributed in the
manner provided in subsection (4) of this section.
NEW SECTION. Sec. 46 A new section is added to chapter 79.100
RCW to read as follows:
(1) The department may develop and administer a vessel turn-in
program.
(2) The purpose of the vessel turn-in program is to allow the
department to dismantle and dispose of vessels that pose a high risk of
becoming a derelict vessel or abandoned vessel, but that do not yet
meet the definition of those terms. The department shall design the
program with the goal of dismantling and disposing of as many vessels
as available resources allow, particularly those vessels posing the
greatest risk of becoming abandoned or derelict in the future.
(3) The department shall disseminate information about the vessel
turn-in program, including information about the application process,
on its internet site and through appropriate agency publications and
information sources as determined by the department. The department
shall disseminate this information for a reasonable time as determined
by the department prior to accepting applications.
(4) The department shall accept and review vessel turn-in program
applications from eligible vessel owners, including private marinas
that have gained legal title to a vessel in an advanced state of
disrepair, during the time period or periods identified by the
department. In order to be eligible for the vessel turn-in program, an
applicant must demonstrate to the department's satisfaction that the
applicant:
(a) Is a Washington resident or business;
(b) Owns a vessel that is in an advanced state of disrepair, has
minimal or no value, and has a high likelihood of becoming an abandoned
or derelict vessel; and
(c) Has insufficient resources to properly dispose of the vessel
outside of the vessel turn-in program.
(5) Decisions regarding program eligibility and whether to accept
a vessel for dismantling and disposal under the turn-in program are
within the sole discretion of the department.
(6) The department may take other actions not inconsistent with
this section in order to develop and administer the vessel turn-in
program.
(7) The department may not spend more than two hundred thousand
dollars in any one biennium on the program established in this section.
NEW SECTION. Sec. 47 (1) In compliance with RCW 43.01.036, the
department of natural resources must provide a brief summary of the
vessel turn-in program authorized under section 46 of this act to the
legislature by September 1, 2014, including information about
applications for the program, the vessels disposed of, and any
recommendations for modification of the program.
(2) This section expires July 31, 2015.
Sec. 48 RCW 43.21B.305 and 2005 c 34 s 2 are each amended to read
as follows:
(1) In an appeal that involves a penalty of fifteen thousand
dollars or less or that involves a derelict or abandoned vessel under
RCW 79.100.120, the appeal may be heard by one member of the board,
whose decision shall be the final decision of the board. The board
shall define by rule alternative procedures to expedite appeals
involving penalties of fifteen thousand dollars or less or involving a
derelict or abandoned vessel. These alternatives may include:
Mediation, upon agreement of all parties; submission of testimony by
affidavit; or other forms that may lead to less formal and faster
resolution of appeals.
(2) For appeals that involve a derelict or abandoned vessel under
RCW 79.100.120 only, an administrative law judge employed by the board
may be substituted for a board member under this section.
NEW SECTION. Sec. 49 (1) The department of natural resources
must, in consultation with the department of ecology and appropriate
stakeholders, evaluate potential changes to the derelict and abandoned
vessel program that increases vessel owner responsibility and addresses
challenges associated with the economics of removing vessels from the
water. This evaluation must include the development and analysis of:
(a) Administrative and legislative vessel owner responsibility
options that seek to ensure the prevention and cleanup of derelict and
abandoned vessels; and
(b) The identification of challenges and roadblocks to
deconstructing derelict vessels and transforming them into a viable
scrap metal product.
(2) The department of natural resources may choose which
appropriate stakeholders are consulted in the implementation of this
section. However, persons with relevant expertise on financial
responsibility mechanisms, such as insurance and surety bonds and
letters of credit, must be included. The department of natural
resources must also seek to ensure opportunities for interested members
of the senate and house of representatives to provide input into the
work group process and conclusions.
(3) The department of natural resources must provide a summary of
the options developed by the work group, or a draft of proposed
legislation, to the legislature consistent with RCW 43.01.036 by
December 15, 2013.
(4) This section expires June 30, 2014.
NEW SECTION. Sec. 50 Section 33 of this act expires June 30,
2019.
NEW SECTION. Sec. 51 Section 34 of this act takes effect June
30, 2019.