(1) The state
toxics control account and the local toxics control account are
hereby created in the state treasury.
(2) The following moneys shall be deposited into the state
toxics control account: (a) Those revenues which are raised by
the tax imposed under RCW 82.21.030 and which are attributable to
that portion of the rate equal to thirty-three one-hundredths of
one percent; (b) the costs of remedial actions recovered under
this chapter or chapter 70.105A RCW; (c) penalties collected or
recovered under this chapter; and (d) any other money
appropriated or transferred to the account by the legislature.
Moneys in the account may be used only to carry out the purposes
of this chapter, including but not limited to the following
activities:
(i) The state's responsibility for hazardous waste planning,
management, regulation, enforcement, technical assistance, and
public education required under chapter 70.105 RCW;
(ii) The state's responsibility for solid waste planning,
management, regulation, enforcement, technical assistance, and
public education required under chapter 70.95 RCW;
(iii) The hazardous waste cleanup program required under
this chapter;
(iv) State matching funds required under the federal cleanup
law;
(v) Financial assistance for local programs in accordance
with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) State government programs for the safe reduction,
recycling, or disposal of hazardous wastes from households, small
businesses, and agriculture;
(vii) Hazardous materials emergency response training;
(viii) Water and environmental health protection and
monitoring programs;
(ix) Programs authorized under chapter 70.146 RCW;
(x) A public participation program, including regional
citizen advisory committees;
(xi) Public funding to assist potentially liable persons to
pay for the costs of remedial action in compliance with cleanup
standards under RCW 70.105D.030(2)(e) but only when the amount
and terms of such funding are established under a settlement
agreement under RCW 70.105D.040(4) and when the director has
found that the funding will achieve both (A) a substantially more
expeditious or enhanced cleanup than would otherwise occur, and
(B) the prevention or mitigation of unfair economic hardship;
(xii) Development and demonstration of alternative
management technologies designed to carry out the hazardous waste
management priorities of RCW 70.105.150; and
(xiii) During the 2009-2011 fiscal biennium, shoreline
update technical assistance.
(3) The following moneys shall be deposited into the local
toxics control account: Those revenues which are raised by the
tax imposed under RCW 82.21.030 and which are attributable to
that portion of the rate equal to thirty-seven one-hundredths of
one percent.
(a) Moneys deposited in the local toxics control account
shall be used by the department for grants or loans to local
governments for the following purposes in descending order of
priority:
(i) Remedial actions;
(ii) Hazardous waste plans and programs under chapter 70.105 RCW;
(iii) Solid waste plans and programs under chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(iv) Funds for a program to assist in the assessment and
cleanup of sites of methamphetamine production, but not to be
used for the initial containment of such sites, consistent with
the responsibilities and intent of RCW 69.50.511; and
(v) Cleanup and disposal of hazardous substances from
abandoned or derelict vessels, defined for the purposes of this
section as vessels that have little or no value and either have
no identified owner or have an identified owner lacking financial
resources to clean up and dispose of the vessel, that pose a
threat to human health or the environment.
(b) Funds for plans and programs shall be allocated
consistent with the priorities and matching requirements
established in chapters 70.105, 70.95C, 70.95I, and 70.95 RCW,
except that any applicant that is a Puget Sound partner, as
defined in RCW 90.71.010, along with any project that is
referenced in the action agenda developed by the Puget Sound
partnership under RCW 90.71.310, shall, except as conditioned by
RCW 70.105D.120, receive priority for any available funding for
any grant or funding programs or sources that use a competitive
bidding process. During the 2007-2009 fiscal biennium, moneys in
the account may also be used for grants to local governments to
retrofit public sector diesel equipment and for storm water
planning and implementation activities.
(c) To expedite cleanups throughout the state, the
department shall partner with local communities and liable
parties for cleanups. The department is authorized to use the
following additional strategies in order to ensure a healthful
environment for future generations:
(i) The director may alter grant-matching requirements to
create incentives for local governments to expedite cleanups when
one of the following conditions exists:
(A) Funding would prevent or mitigate unfair economic
hardship imposed by the clean-up liability;
(B) Funding would create new substantial economic
development, public recreational, or habitat restoration
opportunities that would not otherwise occur; or
(C) Funding would create an opportunity for acquisition and
redevelopment of vacant, orphaned, or abandoned property under
RCW 70.105D.040(5) that would not otherwise occur;
(ii) The use of outside contracts to conduct necessary
studies;
(iii) The purchase of remedial action cost-cap insurance,
when necessary to expedite multiparty clean-up efforts.
(4) Except for unanticipated receipts under RCW 43.79.260
through 43.79.282, moneys in the state and local toxics control
accounts may be spent only after appropriation by statute.
(5) Except during the 2009-2011 fiscal biennium, one percent
of the moneys deposited into the state and local toxics control
accounts shall be allocated only for public participation grants
to persons who may be adversely affected by a release or
threatened release of a hazardous substance and to not-for-profit
public interest organizations. The primary purpose of these
grants is to facilitate the participation by persons and
organizations in the investigation and remedying of releases or
threatened releases of hazardous substances and to implement the
state's solid and hazardous waste management priorities. No
grant may exceed sixty thousand dollars. Grants may be renewed
annually. Moneys appropriated for public participation from
either account which are not expended at the close of any
biennium shall revert to the state toxics control account.
(6) No moneys deposited into either the state or local
toxics control account may be used for solid waste incinerator
feasibility studies, construction, maintenance, or operation, or,
after January 1, 2010, for projects designed to address the
restoration of Puget Sound, funded in a competitive grant
process, that are in conflict with the action agenda developed by
the Puget Sound partnership under RCW 90.71.310.
(7) The department shall adopt rules for grant or loan
issuance and performance.
(8) During the 2007-2009 and 2009-2011 fiscal biennia, the
legislature may transfer from the local toxics control account to
either the state general fund or the oil spill prevention
account, or both such amounts as reflect excess fund balance in
the account.
(9) During the 2009-2011 fiscal biennium, the local toxics
control account may also be used for a standby rescue tug at Neah
Bay, local government shoreline update grants, private and public
sector diesel equipment retrofit, and oil spill prevention,
preparedness, and response activities.
(10) During the 2009-2011 fiscal biennium, the legislature
may transfer from the state toxics control account to the state
general fund such amounts as reflect the excess fund balance in
the account.
[2009 c 564 § 951; 2009 c 187 § 5. Prior: 2008 c 329 § 921; 2008 c 329 § 920; 2008 c 329 § 919; 2008 c 328 § 6009; prior: 2007 c 522 § 954; 2007 c 520 § 6033; 2007 c 446 § 2; 2007 c 341 § 30; 2005 c 488 § 926; 2003 1st sp.s. c 25 § 933; 2001 c 27 § 2; 2000 2nd sp.s. c 1 § 912; 1999 c 309 § 923; prior: 1998 c 346 § 905; 1998 c 81 § 2; 1997 c 406 § 5; 1994 c 252 § 5; 1991 sp.s. c 13 § 69; 1989 c 2 § 7 (Initiative Measure No. 97, approved November 8, 1988).]
NOTES:
Reviser's note: This section was amended by 2009 c 187 § 5 and by 2009 c 564 § 951, 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 -- 2008 c 329: See notes following RCW 28B.105.110.
Part headings not law -- Severability -- Effective date -- 2008 c 328: See notes following RCW 43.155.050.
Severability -- Effective date -- 2007 c 522: See notes following RCW 15.64.050.
Part headings not law -- Severability -- Effective date -- 2007 c 520: See notes following RCW 43.19.125.
Severability -- Effective date -- 2007 c 341: See RCW 90.71.906 and 90.71.907.
Part headings not law -- Severability -- Effective dates -- 2005 c 488: See notes following RCW 28B.50.360.
Severability -- Effective date -- 2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Finding -- 2001 c 27: "The legislature finds that there is an increasing number of derelict vessels that have been abandoned in the waters along the shorelines of the state. These vessels pose hazards to navigation and threaten the environment with the potential release of hazardous materials. There is no current federal program that comprehensively addresses this problem, and the legislature recognizes that the state must assist in providing a solution to this increasing hazard." [2001 c 27 § 1.]
Severability -- Effective date -- 2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Severability -- Effective date -- 1999 c 309: See notes following RCW 41.06.152.
Construction -- Severability -- Effective date -- 1998 c 346: See notes following RCW 50.24.014.
Local governments -- Increased service -- 1998 c 81: "If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the office of financial management." [1998 c 81 § 3.]
Finding -- Effective date -- 1994 c 252: See notes following RCW 70.119A.020.
Effective dates -- Severability -- 1991 sp.s. c 13: See notes following RCW 18.08.240.