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Resolution 1222RESOLUTION NO. 1222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, IN SUPPORT OF HB 3181 / SB 6851 CONCERNING THE CLEAN WATER ACT OF 2010 AND FUNDING CLEANUP FOR WATER POLLUTION. Whereas, a clean and healthy Puget Sound and watershed is important to our quality of life, and Whereas Puget Sound is one of the primary economic drivers in our region, and Whereas storm water discharge is the number one polluter of Puget Sound, and Whereas Lake Ballinger also contains unhealthy levels of pollution due to runoff, and Whereas it has been a stated goal of the Edmonds City Council to support efforts to fund improvements in our storm water systems in order to combat pollution and flooding, and Whereas there are currently no funding sources for federally and state mandated programs and projects to improve the water quality runoff from municipal storm water systems, Now therefore be it resolved that the Edmonds City Council supports the passage of HB 3181 and SB 6851 in order to fund storm water improvements and protect Puget Sound and waterways throughout the state. RESOLVED this 16th day of February, 2010. AP PRO ED: MXYORUARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 02-16-2010 PASSED BY THE CITY COUNCIL: 02-16-2010 RESOLUTION NO. 1222 H-5017.1 HOUSE BILL 3181 State of Washington 61st Legislature 2010 Regular Session By Representatives Ormsby, Hunter, Clibborn, Dunshee, Upthegrove, Rolfes, Wood, Williams, Springer, Dickerson, Liias, Sells, Roberts, Kagi, Cody, Green, Eddy, Nelson, White, Hunt, Orwall, Hudgins, Pettigrew, Darneille, Appleton, Chase, Pedersen, Kenney, Maxwell, Flannigan, Kirby, Carlyle, Goodman, McCoy, and Simpson Read first time 02/09/10. Referred to Committee on Capital -Budget. 1 AN ACT Relating to the clean water act of 2010 funding cleanup of 2 water pollution and other programs necessary, for the health and well- 3 being of Washington citizens through an increase in the tax on 4 hazardous substances; amending RCW 82.21.030; adding new sections to 5 chapter 90.48 RCW; adding a new section to chapter 46.68 RCW; adding a 6 new section to chapter 90.71 RCW; creating new sections; providing an 7 effective date; and declaring an emergency. 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 9 NEW SECTION. Sec. 1. This act may be known and cited as the clean 10 water act of 2010. 11 NEW SECTION. Sec. 2. (1) The legislature finds that nonpoint 12 water pollution and contaminated storm water runoff is a major problem 13 in the state creating a significant burden on the rivers, aquifers, 14 lakes, and streams across Washington. 15 (2) The legislature recognizes that the burden of nonpoint and 16 storm water pollution is a function of both increased volumes of water 17 runoff due to the expansion of impervious surfaces and the toxic 18 substances that pollute the runoff. The burden of storm water and P. 1 HB 3181 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 nonpoint pollution from hazardous substances is difficult to offset because the source of pollution is not a single physical point, but occurs wherever the toxic substances are manufactured, used, or consumed. (3) The legislature finds that the federal government and the state of Washington have identified remediation of storm water runoff through national pollutant discharge elimination system phase I and II as a requirement for the state and local jurisdictions. Impacts from the polluted storm water may be mitigated through retrofit projects for existing infrastructure. (4) The legislature finds that resources needed to offset the direct burdens of storm water pollution by hazardous substances are insufficient to meet existing needs. Existing funding is raised largely by local governments and is disproportionately borne by fees levied on individuals and property owners. (5) Finally, the legislature finds that increasing the tax on hazardous substances is necessary to fund programs that will offset the burdens that pollution places on the environment and the waters of the state. (6) It is the intent of the legislature that any increased revenues deposited into the general fund from the effective date of this act until June 30, 2015, resulting from the additional tax imposed in RCW 82.21.030 be appropriated for the purpose of providing funding for programs which promote the health of Washington's environment and its citizens. Sec. 3. RCW 82.21.030 and 1989 c 2 s 10 are each amended to read as follows: (1)(a) A tax is imposed on the privilege of possession of hazardous substances in this state. The rate of the tax shall be seven -tenths of one percent multiplied by the wholesale value of the substance. (b) Beginning July 1, 2010, an additional tax is imposed on the privilege of possession of hazardous substances in this state. The rate of the tax is equal to one and three -tenths percent multiplied by the wholesale value of the substance. (2)(a) Moneys collected under Hthis ehapter sha)) subsection (1)(a) of this section must be deposited in the toxics control accounts under RCW 70.105D.070. HB 3181 p . 2 1 (b) Moneys collected under subsection (1)(b) of this section must 2 be deposited as follows: 3 (i) For taxes collected through June 30, 2011, twenty percent must 4 be deposited in the storm water account created in section 4 of this 5 act to be used solely for the purposes of funding the items set forth 6 in section 4(2)(a) of this act, one and nine -tenths percent must be 7 deposited in the state oil spill prevention account, two and one- 8 twentieth percent must be deposited into the Puget Sound recovery 9 account to be used as required under section 6 of this act, two and 10 one -twentieth percent must be deposited into the state clean water 11 account to be used as required under section 7 of this act, five 12 percent must be deposited into the motor vehicle account to be used as 13 required under section 5 of this act, and the remainder must be 14 deposited into the general fund. 15 (ii) For taxes collected between July 1, 2011, and June 30, 2013, 16 forty-five percent must be deposited into the storm water account 17 created in section 4 of this act, one and one -fifth percent must be 18 deposited in the state oil spill prevention account, two and two -fifths 19 percent must be deposited into the Puget Sound recovery account to be 20 used as required under section 6 of this act, two and two -fifths 21 percent must be deposited in the state clean water account to be used 22 as required under section 6 of this act, five percent must be deposited 23 into the motor vehicle account to be used as required under section 5 24 of this act, and the remainder must be deposited into the general fund. 25 (iii) For taxes collected between July 1, 2013, and June 30, 2015, 26 forty-five percent must be deposited into the storm water account 27 created in section 4 of this act, one and one -tenths percent must be 28 deposited in the state oil spill prevention account, four and one-half 29 percent must be deposited into the Puget Sound recovery account to be 30 used as required under section 6 of this act, four and two -fifths 31 percent must be deposited in the state clean water account to be used 32 as required under section 7 of this act, ten percent must be deposited 33 into the motor vehicle account to be used as required under section 5 34 of this act, and the remainder must be deposited into the general fund. 35 (iv) For taxes collected on or after July 1, 2015, one percent must 36 be deposited in the state oil spill prevention account, nine and one- 37 half percent must be deposited into the Puget Sound recovery account to 38 be used as required under section 6 of this act, nine and one-half p . 3 HB 3181 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 percent must be deposited in the state clean water account to be used as required under section 7 of this act, ten percent must be deposited into the motor vehicle account to be used as required under section 5 of this act, and the remainder must be deposited into the storm water account created in section 4 of this act. (3) Chapter 82.32 RCW applies to the tax imposed in this chapter. The tax due dates, reporting periods, and return requirements applicable to chapter 82.04 RCW apply equally to the tax imposed in this chapter. NEW SECTION. Sec. 4. A new section is added to chapter 90.48 RCW to read as follows: (1) The storm water account is created in the state treasury. Receipts from the tax imposed under RCW 82.21.030(1)(b) must be deposited in the account as set forth in RCW 82.21.030. Moneys in the account are allocated to the department and may be spent only after appropriation. Expenditures from the account must be used on. activities or projects that mitigate or prevent storm water pollution. (2) After deducting the department's administrative costs of no more than four percent associated with administering a competitive grant process, moneys must be distributed based on the following allocation: (a) Fifty percent of the remaining moneys must be allocated through the grant process to phase I or phase II jurisdictions to fund local government projects or activities that mitigate or prevent contamination of storm water. To be eligible, local governments must provide fifty percent of project or activity costs from other nonstate fund sources. Of the allocation in this subsection, seventy-five thousand dollars must be provided to each jurisdiction that is subject to the national pollutant discharge elimination system phase I or phase II requirements. (b) Forty percent of the remaining moneys must be allocated through the grant process to local governments for retrofit projects that address contamination of storm water, or projects that mitigate the air deposition of storm water pollutants. The moneys for retrofit projects must be prioritized for projects that utilize low -impact development retrofit strategies, but moneys may be awarded for other retrofit projects if the site does not lend itself to low -impact development HB 3181 p. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 techniques or other retrofit techniques that are shown to be more effective in terms of addressing water quality problems associated with the site. (c) Ten percent of the remaining moneys must be allocated through either existing storm water grant programs or the grant process to projects under (a) or (b) of this subsection and to the highest priority projects based upon ecological and water quality benefits determined by the department. For projects qualifying under this subsection (2)(c), moneys may be allocated to meet the matching requirements under (a) of this subsection to jurisdictions that demonstrate economic hardship in meeting the matching requirement. (3) In consultation with stakeholders, the department must develop criteria for administering the program and ranking projects for funding based on water quality benefits. In developing criteria applicable to projects in the Puget Sound basin, the department must consult with the Puget Sound partnership. Consistent with RCW 90.71.340, when making grants under this section that contribute to Puget Sound protection and recovery, the department must consult with the Puget Sound partnership to ensure that grants are for projects and activities that are consistent with the prioritization of the 2020 action agenda. All activities or capital projects approved for funding must demonstrate the potential to achieve clear ecological or water quality benefits. The department must endeavor to distribute the moneys within each geographic region of the state in proportion to the severity of impacts to waterways from storm water pollution. (4) The department must initiate the grant application process by July 1, 2010. (5) By December 1, 2013, and every two years thereafter, the department must report to the governor and the appropriate committees of the legislature on the progress of the program and the suitability of the percentage allocations specified in subsection (2)(a) through (c) of this section. (6) The definitions in this section apply throughout this section unless the context clearly requires otherwise. (a) "Department" means the department of ecology. (b) "Low -impact development" means a storm water management and land development strategy applied at the parcel and subdivision level p. 5 HB 3181 1 that emphasizes conservation and use of on -site natural features 2 integrated with engineered, small-scale hydrologic controls to more 3 closely mimic predevelopment hydrologic functions. 4 (c) "Retrofit" means the renovation of existing development to 5 improve or eliminate storm water problems associated with the site or 6 drainage area. 7 NEW SECTION. Sec. 5. A new section is added to chapter 46.68 RCW 8 to read as follows: 9 (1) The department of transportation must use taxes deposited in 10 the motor vehicle account under RCW 82.21.030(1)(b) to fund activities 11 or projects that address contamination of storm water related to 12 transportation infrastructure through the implementation of the 13 department of transportation's national pollutant discharge elimination 14 system programs permitted under chapter 90.48 RCW. Activities and 15 projects that may be supported with these funds include, but are not 16 limited to: Construction, operation, inspection, monitoring, and 17 maintenance of storm water facilities; purchase, operation, and 18 maintenance of vactor trucks and vactor decant facilities; purchase, 19 maintenance, and operation of storm water management inventory, 20 mapping, and information systems; storm water pollution prevention plan 21 development and implementation; and storm water training. For the 22 purposes of this section, "storm water facilities" includes, but is not 23 limited to, ponds, biofiltration swales, storm water treatment tanks, 24 detention vaults, oil water separators, dry wells, catch basins, and 25 filters. 26 (2) The taxes deposited in the motor vehicle account under RCW 27 82.21.030(1)(b) may not be used for construction of storm water 28 facilities associated with new road construction. For purposes of this 29 section, "new roads" includes roads that are new alignments. Roads 30 that add to or replace an existing roadway are not "new roads." 31 NEW SECTION. Sec. 6. A new section is added to chapter 90.71 RCW 32 to read as follows: 33 Consistent with RCW 90.71.340, the Puget Sound partnership must use 34 taxes deposited in the Puget Sound recovery account as provided under 35 RCW 82.21.030(1)(b) to fund activities or capital projects that are HB 3181 p . 6 1 consistent with the prioritization of the 2020 action agenda. The 2 department of transportation may deduct administrative costs of no more 3 than four percent. 4 NEW SECTION. Sec. 7. A new section is added to chapter 90.48 RCW 5 to read as follows: 6 (1) The state clean water account is created in the state treasury. 7 Receipts from the tax imposed under RCW 82.21.030(1)(b) must be 8 deposited in the account as provided in RCW 82.21.030. Moneys in the 9 state clean water account are allocated to the department of ecology 10 and may be spent only after appropriation. The account may not be used 11 to fund specific state activities that are required to be funded 12 through fees paid by state and federal water quality permittees. 13 (2) Moneys in the state clean water account may be used only for 14 state responsibilities to carry out the purposes of this chapter to: 15 Prevent pollution of streams, rivers, aquifers, and drinking water; 16 prevent beach and shellfish bed closures due to polluted surface 17 runoff; and protect fish and wildlife habitat from polluted surface 18 runoff. More specifically, moneys must be used for, but not limited 19 to, the following purposes: 20 (a) Prevention of oil spills including vessel and oil 21 transportation and handling facility inspections, coordination and 22 evaluation of oil spill drills, and contingency plan review; 23 (b) Creation and maintenance of a storm water technology center to 24 assist businesses and governmental entities by developing resources for 25 testing, monitoring, adopting, and implementing new clean water 26 practices and technologies; 27 (c) Improved storm water research, data management, and monitoring; 28 (d) Development of clean water guidance and best management 29 practices for nonpermitted surface runoff activities; and 30 (e) Improved source control actions, such as collaboration with 31 local governments to provide local source control inspectors. 32 NEW SECTION. Sec. 8. If any provision of this act or its 33 application to any person or circumstance is held invalid, the 34 remainder of the act or the application of the provision to other 35 persons or circumstances is not affected. p. 7 HB 3181 1 NEW SECTION. Sec. 9. This act is necessary for the immediate 2 preservation of the public peace, health, or safety, or support of the 3 state government and its existing public institutions, and takes effect 4 June 1, 2010. --- END --- HB 3181 P. 8 S-4638.1 SENATE BILL 6851 State of Washington 61st Legislature 2010 Regular Session By Senators Murray, Brown, Tom, Pridemore, Rockefeller, Kline, Oemig, Kauffman, McDermott, Gordon, Jacobsen, Keiser, Franklin, Fairley, McAuliffe, Eide, Fraser, Berkey, Shin, Kastama, Hargrove, Kohl-Welles, Regala, and Prentice Read first time 02/09/10. Referred to Committee on Ways & Means. 1 AN ACT Relating to the clean water act of 2010 funding cleanup of 2 water pollution and other programs necessary for the health and well- 3 being of Washington citizens through an increase in the tax on 4 hazardous substances; amending RCW 82.21.030; adding new sections to 5 chapter 90.48 RCW; adding a new section to chapter 46.68 RCW; adding a 6 new section to chapter 90.71 RCW; creating new sections; providing an 7 effective date; and declaring an emergency. 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 9 NEW SECTION. Sec. 1. This act may be known and cited as the clean 10 water act of 2010. 11 NEW SECTION. Sec. 2. (1) The legislature finds that nonpoint 12 water pollution and contaminated storm water runoff is a major problem 13 in the state creating a significant burden on the rivers, aquifers, 14 lakes, and streams across Washington. 15 (2) The legislature recognizes that the burden of nonpoint and 16 storm water pollution is a function of both increased volumes of water 17 runoff due to the expansion .of impervious surfaces and the toxic 18 substances that pollute the runoff. The burden of storm water and P. 1 SB 6851 1 nonpoint pollution from hazardous substances is difficult to offset 2 because the source of pollution is not a single physical point, but 3 occurs wherever the toxic substances are manufactured, used, or 4 consumed. 5 (3) The legislature finds that the federal government and the state 6 of Washington have identified remediation of storm water runoff through 7 national pollutant discharge elimination system phase I and II as a 8 requirement for the state and local jurisdictions. Impacts from the 9 polluted storm water may be mitigated through retrofit projects for 10 existing infrastructure. 11 (4) The legislature finds that resources needed to offset the 12 direct burdens of storm water pollution by hazardous substances are 13 insufficient to meet existing needs. Existing funding is raised 14 largely by local governments and is disproportionately borne by fees 15 levied on individuals and property owners. 16 (5) Finally, the legislature finds that increasing the tax on 17 hazardous substances is necessary to fund programs that will offset the 18 burdens that pollution places on the environment and the waters of the 19 state. 20 (6) It is the intent of the legislature that any increased revenues 21 deposited into the general fund from the effective date of this act 22 until June 30, 2015, resulting from the additional tax imposed in RCW 23 82.21.030 be appropriated for the purpose of providing funding for 24 programs which promote the health of Washington's environment and its 25 citizens. 26 Sec. 3. RCW 82.21.030 and 1989 c 2 s 10 are each amended to read 27 as follows: 28 (1)(a) A tax is imposed on the privilege of possession of hazardous 29 substances in this state. The rate of the tax shall be seven -tenths of 30 one percent multiplied by the wholesale value of the substance. 31 (b) Beginning July 1, 2010, an additional tax is imposed on the 32 privilege of possession of hazardous substances in this state. The 33 rate of the tax is equal to one and three -tenths percent multiplied by 34 the wholesale value of the substance. 35 (2)(a) Moneys collected under ( (this—ehapter slaal-=) ) subsection 36 (1)(a) of this section must be deposited in the toxics control accounts 37 under RCW 70.105D.070. SB 6851 p. 2 1 (b) Moneys collected under subsection (1)(b) of this section must 2 be deposited as follows: 3 (i) For taxes collected through June 30, 2011, twenty percent must 4 be deposited in the storm water account created in section 4 of this 5 act to be used solely for the purposes of funding the items set forth 6 in section 4(2)(a) of this act, one and nine -tenths percent must be 7 deposited in the state oil spill prevention account, two and one- 8 twentieth percent must be deposited into the Puget Sound recovery 9 account to be used as required under section 6 of this act, two and 10 one -twentieth percent must be deposited into the state clean water 11 account to be used as required under section 7 of this act, five 12 percent must be deposited into the motor vehicle account to be used as 13 required under section 5 of this act, and the remainder must be 14 deposited into the general fund. 15 (ii) For taxes collected between July 1, 2011, and June 30, 2013, 16 forty-five percent must be deposited into the storm water account 17 created in section 4 of this act, one and one -fifth percent must be 18 deposited in the state oil spill prevention account, two and two -fifths 19 percent must be deposited into the Puget Sound recovery account to be 20 used as required under section 6 of. this act, two and two -fifths 21 percent must be deposited in the state clean water account to be used 22 as required under section 6 of this act, five percent must be deposited 23 into the motor vehicle account to be used as required under section 5 24 of this act, and the remainder must be deposited into the general fund. 25 (iii) For taxes collected between July 1, 2013, and June 30, 2015, 26 forty-five percent must be deposited into the storm water account 27 created in section 4 of this act, one and one -tenths percent must be 28 deposited in the state oil spill prevention account, four and one-half 29 percent must be deposited into the Puget Sound recovery account to be 30 used as required under section 6 of this act, four and two -fifths 31 percent must be deposited in the state clean water account to be used 32 as required under section 7 of this act, ten percent must be deposited 33 into the motor vehicle account to be used as required under section 5 34 of this act, and the remainder must be deposited into the general fund. 35 (iv) For taxes collected on or after July 1, 2015, one percent must 36 be deposited in the state oil spill prevention account, nine and one- 37 half percent must be deposited into the Puget Sound recovery account to 38 be used as required under section 6 of this act, nine and one-half SB 6851 1 percent must be deposited in the state clean water account to be used 2 as required under section 7 of this act, ten percent must be deposited 3 into the motor vehicle account to be used as required under section 5 4 of this act and the remainder must be deposited into the storm water 5 account created in section 4 of this act. 6 (3) Chapter 82.32 RCW applies to the tax imposed in this chapter. 7 The tax due dates, reporting periods, and return requirements 8 applicable to chapter 82.04 RCW apply equally to the tax imposed in 9 this chapter. 10 NEW SECTION. Sec. 4. A new section is added to chapter 90.48 RCW 11 to read as follows: 12 (1) The storm water account is created in the state treasury. 13 Receipts from the tax imposed under RCW 82.21.030(1)(b) must be 14 deposited in the account as set forth in RCW 82.21.030. Moneys in the 15 account are allocated to the department and may be spent only after 16 appropriation. Expenditures from the account must be used on 17 activities or projects that mitigate or prevent storm water pollution. 18 (2) After deducting the department's administrative costs of no 19 more than four percent associated with administering a competitive 20 grant process, moneys must be distributed based on the following 21 allocation: 22 (a) Fifty percent of the remaining moneys must be allocated through 23 the grant process to phase I or phase II jurisdictions to fund local 24 government projects or activities that mitigate or prevent 25 contamination of storm water. To be eligible, local governments must 26 provide fifty percent of project or activity costs from other nonstate 27 fund sources. Of the allocation in this subsection, seventy-five 28 thousand dollars must be provided to each jurisdiction that is subject 29 to the national pollutant discharge elimination system phase I or phase 30 II requirements. 31 (b) Forty percent of the remaining moneys must be allocated through 32 the grant process to local governments for retrofit projects that 33 address contamination of storm water, or projects that mitigate the air 34 deposition of storm water pollutants. The moneys for retrofit projects 35 must be prioritized for projects that utilize low -impact development 36 retrofit strategies, but moneys may be awarded for other retrofit 37 projects if the site does not lend itself to low -impact development SB 6851 p. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 techniques or other retrofit techniques that are shown to be more effective in terms of addressing water quality problems associated with the site. (c) Ten percent of the remaining moneys must be allocated through either existing storm water grant programs or the grant process to projects under (a) or (b) of this subsection and to the highest priority projects based upon ecological and water quality benefits determined by the department. For projects qualifying under this subsection (2)(c), moneys may be allocated to meet the matching requirements under (a) of this subsection to jurisdictions that demonstrate economic hardship in meeting the matching requirement. (3) In consultation with stakeholders, the department must develop criteria for administering the program and ranking projects for funding based on water quality benefits. In developing criteria applicable to projects in the Puget Sound basin, the department must consult with the Puget Sound partnership. Consistent with RCW 90.71.340, when making grants under this section that contribute to Puget Sound protection and recovery, the department must consult with the Puget Sound partnership to ensure that grants are for projects and activities that are consistent with the prioritization of the 2020 action agenda. All activities or capital projects approved for funding must demonstrate the potential to achieve clear ecological or water quality benefits. The department must endeavor to distribute the moneys within each geographic region of the state in proportion to the severity of impacts to waterways from storm water pollution. (4) The department must initiate the grant application process by July 1, 2010. (5) By December 1, 2013, and every two years thereafter, the department must report to the governor and the appropriate committees of the legislature on the progress of the program and the suitability of the percentage allocations specified in subsection (2)(a) through (c) of this section. (6) The definitions in this section apply throughout this section unless the context clearly requires otherwise. (a) "Department" means the department of ecology. (b) "Low -impact development" means a storm water management and land development strategy applied at the parcel and subdivision level P. 5 SB 6851 1 that emphasizes conservation and use of on -site natural features 2 integrated with engineered, small-scale hydrologic controls to more 3 closely mimic predevelopment hydrologic functions. 4 (c) "Retrofit" means the renovation of existing development to 5 improve or eliminate storm water problems associated with the site or 6 drainage area. 7 NEW SECTION. Sec. S. A new section is added to chapter 46.68 RCW 8 to read as follows: 9 (1) The department of transportation must use taxes deposited in 10 the motor vehicle account under RCW 82.21.030(1)(b) to fund activities 11 or projects that address contamination of storm water related to 12 transportation infrastructure through the implementation of the 13 department of transportation's national pollutant discharge elimination 14 system programs permitted under chapter 90.48 RCW. Activities and 15 projects that may be supported with these funds include, but are not 16 limited to: Construction, operation, inspection, monitoring, and 17 maintenance of storm water facilities; purchase, operation, and 18 maintenance of vactor trucks and vactor decant facilities; purchase, 19 maintenance, and operation of storm water management inventory, 20 mapping, and information systems; storm water pollution prevention plan 21 development and implementation; and storm water training. For the 22 purposes of this section, "storm water facilities" includes, but is not 23 limited to, ponds, biofiltration swales, storm water treatment tanks, 24 detention vaults, oil water separators, dry wells, catch basins, and 25 filters. 26 (2) The taxes deposited in the motor vehicle account under RCW 27 82.21.030(1)(b) may not be used for construction of storm water 28 facilities associated with new road construction. For purposes of this 29 section, "new roads" includes roads that are new alignments. Roads 30 that add to or replace an existing roadway are not "new roads." 31 NEW SECTION. Sec. 6. A new section is added to chapter 90.71 RCW 32 to read as follows: 33 Consistent with RCW 90.71.340, the Puget Sound partnership must use 34 taxes deposited in the Puget Sound recovery account as provided under 35 RCW 82.21.030(1)(b) to fund activities or capital projects that are SB 6851 p. 6 1 consistent with the prioritization of the 2020 action agenda. The 2 department of transportation may deduct administrative costs of no more 3 than four percent. 4 NEW SECTION. Sec. 7. A new section is added to chapter 90.48 RCW 5 to read as follows: 6 (1) The state clean water account is created in the state treasury. 7 Receipts from the tax imposed under RCW 82.21.030(1)(b) must be 8 deposited in the account as provided in RCW 82.21.030. Moneys in the 9 state clean water account are allocated to the department of ecology 10 and may be spent only after appropriation. The account may not be used 11 to fund specific state activities that are required to be funded 12 through fees paid by state and federal water quality permittees. 13 (2) Moneys in the state clean water account may be used only for 14 state responsibilities to carry out the purposes of this chapter to: 15 Prevent pollution of streams, rivers, aquifers, and drinking water; 16 prevent beach and shellfish bed closures due to polluted surface 17 runoff; and protect fish and wildlife habitat from polluted surface 18 runoff. More specifically, moneys must be used for, but not limited 19 to, the following purposes: 20 (a) Prevention of oil spills including vessel and oil 21 transportation and handling facility inspections, coordination and 22 evaluation of oil spill drills, and contingency plan review; 23 (b) Creation and maintenance of a storm water technology center to 24 assist businesses and governmental entities by developing resources for 25 testing, monitoring, adopting, and implementing new clean water 26 practices and technologies; 27 (c) Improved storm water research, data management, and monitoring; 28 (d) Development of clean water guidance and best management 29 practices for nonpermitted surface runoff activities; and 30 (e) Improved source control actions, such as collaboration with 31 local governments to provide local source control inspectors. 32 NEW SECTION. Sec. 8. If any provision of this act or its 33 application to any person or circumstance is held invalid, the 34 remainder of the act or the application of the provision to other 35 persons or circumstances is not affected. p. 7 SB 6851 1 NEW SECTION. Sec. 9. This act is necessary for the immediate 2 preservation of the public peace, health, or safety, or support of the 3 state government and its existing public institutions, and takes effect 4 June 1, 2010. 10 SB 6851 P. 8