HOUSE BILL REPORT

SB 6583

BYSenators McDonald, Metcalf, Sutherland, Barr, Amondson, Benitz, Warnke and Johnson

Changing provisions relating to air pollution control authorities.

House Committe on Environmental Affairs

Majority Report:  Do pass.  (8)

      Signed by Representatives Rust, Chair; Brekke, G. Fisher, Fraser, Phillips, Schoon, Sprenkle and Walker.

House Staff:Rick Anderson (786-7114)

Rereferred House Committee on Revenue

Majority Report:  Do pass as amended.  (10)

      Signed by Representatives Wang, Chair; Pruitt, Vice Chair; Appelwick, Basich, Fraser, Grant, Morris, Phillips, Rust and Silver.

House Staff:      Robin Appleford (786-7093)

AS PASSED HOUSE FEBRUARY 28, 1990

BACKGROUND:

Local air pollution control authorities obtain funding from four general sources:  1) registration and service fees from regulated industries; 2) penalties and fines; 3) state and federal grants; and 4) "supplemental income" from counties, cities, and towns.

Counties, cities, and towns belonging to local air pollution control authorities annually pay the authority a per capita assessment and/or a property tax assessment.  This payment is the source of "supplemental income" for pollution control authorities.

Current law limits the registration fees paid by regulated industries in two ways:  1) registration fees cannot be more than 50 percent of supplemental income; and 2) registration fees cannot exceed the cost of the service provided by the local air pollution control authority.  Current law also requires local pollution control authorities to remit 50 percent of the fines they issue to the counties, cities, and towns within the local authority.

Apartments and condominiums have commonly incorporated wood stoves or fireplaces as a secondary source of heat since the energy crisis of the 1970s.

Current law bans the use of fireplaces and wood stoves not meeting certain standards during periods of impaired air quality.  The use of all wood stoves and fireplaces is banned during air pollution episodes.

SUMMARY:

Air pollution control authorities are authorized to keep 100 percent of the fines they issue and collect.

The provision limiting registration fees to 50 percent of the funds received as supplemental income is removed, and a new provision is added which limits increases to registration fees to 5 percent per year for the next five years.

Associations of condominium owners and apartment dwellers are not liable if a member of the association uses a fireplace or wood stove during a burning ban.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    (Environmental Affairs)  Mike Ryherd, Puget Sound Air Pollution Control Authority.

(Revenue)  Mike Ryherd and Sharon Foster, Puget Sound Air Pollution Control Authority.

House Committee - Testified Against:      (Environmental Affairs)  No one.

(Revenue)  Llewellyn Matthews, Northwest Pulp and Paper Association.

House Committee - Testimony For:    (Environmental Affairs)  The bill exempts condominium and apartment associations, but not the individual tenants, from liability for burning ban violations.

(Revenue)  Air quality authorities have run up against the limit on registration fees, and are unable to register new industries as a result.  Authorities need the limit removed and need to keep all of the fines collected to ensure adequate funding of programs.

House Committee - Testimony Against:      (Environmental Affairs)  None.

(Revenue)  The limit is needed to ensure that there is adequate public support for air quality programs.  Restricting fines prevents authorities from levying fines just to increase revenues.

VOTE ON FINAL PASSAGE:

      Yeas 97; Excused 1 - 2/28

Excused:    Chandler