Toxics control accounts.
(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;
(xiii) During the 2009-2011 and 2011-2013 fiscal biennia, shoreline update technical assistance;
(xiv) During the 2009-2011 fiscal biennium, multijurisdictional permitting teams;
(xv) During the 2011-2013 fiscal biennium, actions for reducing public exposure to toxic air pollution, and actions taken through the family forest fish passage program to correct barriers to fish passage on privately owned small forest lands; and
(xvi) During the 2011-2013 fiscal biennium, the department of ecology's water quality, shorelands and environmental assessment, hazardous waste, waste to resources, nuclear waste, and air quality programs.
(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.
(d) To facilitate and expedite cleanups using funds from the local toxics control account, during the 2009-2011 fiscal biennium the director may establish grant-funded accounts to hold and disperse local toxics control account funds and funds from local governments to be used for remedial actions.
(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 2011-2013 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 2011-2013 fiscal biennium, the legislature may transfer from the local toxics control account to the state toxics control account such amounts as reflect excess fund balance in the account.
(9) During the 2011-2013 fiscal biennium, the local toxics control account may also be used for local government shoreline update grants and actions for reducing public exposure to toxic air pollution; funding to local governments for flood levee improvements; and grants to local governments for brownfield redevelopment.
[2012 2nd sp.s. c 7 § 920; 2012 2nd sp.s. c 2 § 6005. Prior: 2011 1st sp.s. c 50 § 964; 2010 1st sp.s. c 37 § 942; 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).]
| Reviser's note: This section was amended by 2012 2nd sp.s. c 2 § 6005 and by 2012 2nd sp.s. c 7 § 920, 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 -- 2012 2nd sp.s. c 7: See note following RCW 2.68.020.
Effective date -- 2012 2nd sp.s. c 2: See note following RCW 43.155.050.
Effective dates -- 2011 1st sp.s. c 50: See note following RCW 15.76.115.
Effective date -- 2010 1st sp.s. c 37: See note following RCW 13.06.050.
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.