(1) From time to time, but at least
once each year, the state treasurer shall refund from the motor
vehicle fund one percent of the motor vehicle fuel tax revenues
collected under chapter 82.36 RCW, based on a tax rate of: (a)
Nineteen cents per gallon of motor vehicle fuel from July 1,
2003, through June 30, 2005; (b) twenty cents per gallon of motor
vehicle fuel from July 1, 2005, through June 30, 2007; (c)
twenty-one cents per gallon of motor vehicle fuel from July 1,
2007, through June 30, 2009; (d) twenty-two cents per gallon of
motor vehicle fuel from July 1, 2009, through June 30, 2011; and
(e) twenty-three cents per gallon of motor vehicle fuel beginning
July 1, 2011, and thereafter, less proper deductions for refunds
and costs of collection as provided in RCW 46.68.090.
(2) The treasurer shall place these funds in the general
fund as follows:
(a) Thirty-six percent shall be credited to the ORV and
nonhighway vehicle account and administered by the department of
natural resources solely for acquisition, planning, development,
maintenance, and management of ORV, nonmotorized, and nonhighway
road recreation facilities, and information programs and
maintenance of nonhighway roads;
(b) Three and one-half percent shall be credited to the ORV
and nonhighway vehicle account and administered by the department
of fish and wildlife solely for the acquisition, planning,
development, maintenance, and management of ORV, nonmotorized,
and nonhighway road recreation facilities and the maintenance of
nonhighway roads;
(c) Two percent shall be credited to the ORV and nonhighway
vehicle account and administered by the parks and recreation
commission solely for the acquisition, planning, development,
maintenance, and management of ORV, nonmotorized, and nonhighway
road recreation facilities; and
(d) Fifty-eight and one-half percent shall be credited to
the nonhighway and off-road vehicle activities program account to
be administered by the board for planning, acquisition,
development, maintenance, and management of ORV, nonmotorized,
and nonhighway road recreation facilities and for education,
information, and law enforcement programs. The funds under this
subsection shall be expended in accordance with the following
limitations:
(i) Not more than thirty percent may be expended for
education, information, and law enforcement programs under this
chapter;
(ii) Not less than seventy percent may be expended for ORV,
nonmotorized, and nonhighway road recreation facilities. Except
as provided in (d)(iii) of this subsection, of this amount:
(A) Not less than thirty percent, together with the funds
the board receives under RCW 46.09.110, may be expended for ORV
recreation facilities;
(B) Not less than thirty percent may be expended for
nonmotorized recreation facilities. Funds expended under this
subsection (2)(d)(ii)(B) shall be known as Ira Spring outdoor
recreation facilities funds; and
(C) Not less than thirty percent may be expended for
nonhighway road recreation facilities;
(iii) The board may waive the minimum percentage cited in
(d)(ii) of this subsection due to insufficient requests for funds
or projects that score low in the board's project evaluation.
Funds remaining after such a waiver must be allocated in
accordance with board policy.
(3) On a yearly basis an agency may not, except as provided
in RCW 46.09.110, expend more than ten percent of the funds it
receives under this chapter for general administration expenses
incurred in carrying out this chapter.
(4) During the 2009-2011 fiscal biennium, the legislature
may appropriate such amounts as reflect the excess fund balance
in the NOVA account to the department of natural resources to
install consistent off-road vehicle signage at department-managed
recreation sites, and to implement the recreation opportunities
on department-managed lands in the Reiter block and Ahtanum state
forest, and to the state parks and recreation commission for
maintenance and operation of parks and to improve accessibility
for boaters and off-road vehicle users. This appropriation is
not required to follow the specific distribution specified in
subsection (2) of this section.
[2009 c 564 § 944; 2009 c 187 § 2. Prior: 2007 c 522 § 953; 2007 c 241 § 16; 2004 c 105 § 6; (2004 c 105 § 5 expired June 30, 2005); prior: (2003 1st sp.s. c 26 § 920 expired June 30, 2005); 2003 1st sp.s. c 25 § 922; 2003 c 361 § 407; 1995 c 166 § 9; 1994 c 264 § 36; 1990 c 42 § 115; 1988 c 36 § 25; 1986 c 206 § 8; 1979 c 158 § 130; 1977 ex.s. c 220 § 14; 1975 1st ex.s. c 34 § 1; 1974 ex.s. c 144 § 3; 1972 ex.s. c 153 § 15; 1971 ex.s. c 47 § 22.]
NOTES:
Reviser's note: This section was reenacted by 2009 c 187 § 2 and amended by 2009 c 564 § 944, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date -- 2009 c 564: See note following RCW 2.68.020.
Severability -- Effective date -- 2007 c 522: See notes following RCW 15.64.050.
Intent -- Effective date -- 2007 c 241: See notes following RCW 79A.25.005.
Expiration dates -- Effective dates -- 2004 c 105 §§ 3-6: See note following RCW 46.09.130.
Expiration date -- Severability -- Effective dates -- 2003 1st sp.s. c 26: See notes following RCW 43.135.045.
Severability -- Effective date -- 2003 1st sp.s. c 25: See note following RCW 19.28.351.
Findings--Part headings not law -- Severability -- 2003 c 361: See notes following RCW 82.36.025.
Effective dates -- 2003 c 361: See note following RCW 82.08.020.
Purpose -- Headings -- Severability -- Effective dates -- Application -- Implementation -- 1990 c 42: See notes following RCW 82.36.025.
Effective date -- 1986 c 206: See note following RCW 46.09.020.
Effective date -- 1975 1st ex.s. c 34: "This 1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 34 § 4.]
Purpose -- 1972 ex.s. c 153: See RCW 79A.35.070.