Water Pollution Control Facilities—Federal Capitalization Grants (Revised Code of Washington (RCW): Title 90 Water Rights—Environment; Chapter 90.50A)

Chapter Chapter 90.50A90.50A RCW RCW Chapter ListingChapter Listing | | RCW DispositionsRCW Dispositions WATER POLLUTION CONTROL FACILITIESWATER POLLUTION CONTROL FACILITIES——FEDERAL CAPITALIZATION GRANTSFEDERAL CAPITALIZATION GRANTS SectionsSections 90.50A.00590.50A.005 Purpose.Purpose. 90.50A.01090.50A.010 Definitions.Definitions. 90.50A.02090.50A.020 Water pollution control revolving fund.Water pollution control revolving fund. 90.50A.03090.50A.030 Use of moneys in fund.Use of moneys in fund. 90.50A.04090.50A.040 Administration of fund.Administration of fund. 90.50A.05090.50A.050 Loans from fundLoans from fund——Requirements for recipients.Requirements for recipients. 90.50A.06090.50A.060 Defaults.Defaults. 90.50A.07090.50A.070 Establishment of policies for loan terms and interest rates.Establishment of policies for loan terms and interest rates. 90.50A.08090.50A.080 Puget Sound partners.Puget Sound partners. 90.50A.09090.50A.090 Water pollution control revolving administration accountWater pollution control revolving administration account——CreationCreation——Report to theReport to the legislature.legislature. 90.50A.00590.50A.005 Purpose.Purpose. The long­range health and environmental goals for the state of Washington require the protectionThe long­range health and environmental goals for the state of Washington require the protection of the state's surface and underground waters for the health, safety, use, enjoyment, and economicof the state's surface and underground waters for the health, safety, use, enjoyment, and economic benefit of its people. It is the purpose of this chapter to provide an account to receive federalbenefit of its people. It is the purpose of this chapter to provide an account to receive federal capitalization grants to provide financial assistance to the state and to local governments for thecapitalization grants to provide financial assistance to the state and to local governments for the planning, design, acquisition, construction, and improvement of water pollution control facilities andplanning, design, acquisition, construction, and improvement of water pollution control facilities and related activities in the achievement of state and federal water pollution control requirements for therelated activities in the achievement of state and federal water pollution control requirements for the protection of the state's waters.protection of the state's waters. [ [ 1988 c 284 § 1.1988 c 284 § 1.]] 90.50A.01090.50A.010 Definitions.Definitions. The definitions in this section apply throughout this chapter unless the context clearly requiresThe definitions in this section apply throughout this chapter unless the context clearly requires otherwise.otherwise. (1) "Clean water act" means 33 U.S.C. Sec. 1251 through 1388, as it existed on June 9, 2016.(1) "Clean water act" means 33 U.S.C. Sec. 1251 through 1388, as it existed on June 9, 2016. (2) "Debt service" means the total of all principal, interest, and administration charges associated(2) "Debt service" means the total of all principal, interest, and administration charges associated with a water pollution control revolving fund loan that must be repaid to the department by the publicwith a water pollution control revolving fund loan that must be repaid to the department by the public body.body. (3) "Department" means the department of ecology.(3) "Department" means the department of ecology. (4) "Eligible cost" means the cost of that portion of a water pollution control facility or activity that(4) "Eligible cost" means the cost of that portion of a water pollution control facility or activity that can be financed under this chapter.can be financed under this chapter. http://app.leg.wa.gov/RCW/default.aspx?cite=90.50A https://app.leg.wa.gov/RCW/default.aspx?cite=90.50A https://app.leg.wa.gov/RCW/dispo.aspx?cite=90.50A http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c284.pdf?cite=1988%20c%20284%20%C2%A7%201. (5) "Federal capitalization grants" means grants from the federal government provided by the(5) "Federal capitalization grants" means grants from the federal government provided by the clean water act.clean water act. (6) "Fund" means the water pollution control revolving fund in the custody of the state treasurer.(6) "Fund" means the water pollution control revolving fund in the custody of the state treasurer. (7) "Nonpoint source water pollution" means pollution that enters any waters of the state from any(7) "Nonpoint source water pollution" means pollution that enters any waters of the state from any dispersed water­based or land­use activities, including, but not limited to, atmospheric deposition,dispersed water­based or land­use activities, including, but not limited to, atmospheric deposition, surface water runoff from agricultural lands, urban areas, and forestlands, subsurface or undergroundsurface water runoff from agricultural lands, urban areas, and forestlands, subsurface or underground sources, and discharges from boats or other marine vessels.sources, and discharges from boats or other marine vessels. (8) "Public body" means the state of Washington or any agency, county, city or town, other(8) "Public body" means the state of Washington or any agency, county, city or town, other political subdivision, municipal corporation or quasi­municipal corporation, and those Indian tribes now orpolitical subdivision, municipal corporation or quasi­municipal corporation, and those Indian tribes now or hereafter recognized as such by the federal government.hereafter recognized as such by the federal government. (9) "Water pollution" means such contamination, or other alteration of the physical, chemical, or(9) "Water pollution" means such contamination, or other alteration of the physical, chemical, or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, orbiological properties of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance intoodor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental,any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural,or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquaticrecreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.life. (10) "Water pollution control activities" means actions taken by a public body for the following(10) "Water pollution control activities" means actions taken by a public body for the following purposes: (a) To control nonpoint sources of water pollution; (b) to develop and implement apurposes: (a) To control nonpoint sources of water pollution; (b) to develop and implement a comprehensive management plan for estuaries; and (c) to maintain or improve water quality through thecomprehensive management plan for estuaries; and (c) to maintain or improve water quality through the use of water pollution control facilities or other means.use of water pollution control facilities or other means. (11) "Water pollution control facility" or "water pollution control facilities" means any facilities or(11) "Water pollution control facility" or "water pollution control facilities" means any facilities or systems owned or operated by a public body for the control, collection, storage, treatment, disposal, orsystems owned or operated by a public body for the control, collection, storage, treatment, disposal, or recycling of wastewater, including but not limited to sanitary sewage, stormwater, combined sewerrecycling of wastewater, including but not limited to sanitary sewage, stormwater, combined sewer overflows, residential, commercial, industrial, and agricultural wastes, which are causing water qualityoverflows, residential, commercial, industrial, and agricultural wastes, which are causing water quality degradation due to concentrations of conventional, nonconventional, or toxic pollutants. Water pollutiondegradation due to concentrations of conventional, nonconventional, or toxic pollutants. Water pollution control facilities include all equipment, utilities, structures, real property, and interests in andcontrol facilities include all equipment, utilities, structures, real property, and interests in and improvements on real property necessary for or incidental to such purpose. Water pollution controlimprovements on real property necessary for or incidental to such purpose. Water pollution control facilities also include such facilities, equipment, and collection systems as are necessary to protectfacilities also include such facilities, equipment, and collection systems as are necessary to protect federally designated sole source aquifers.federally designated sole source aquifers. [ [ 2016 c 88 § 1;2016 c 88 § 1; 2013 c 96 § 1;2013 c 96 § 1; 1988 c 284 § 2.1988 c 284 § 2.]] NOTES:NOTES: Reviser's note: Reviser's note: The definitions in this section have been alphabetized pursuant to RCWThe definitions in this section have been alphabetized pursuant to RCW 1.08.0151.08.015(2)(k).(2)(k). 90.50A.02090.50A.020 Water pollution control revolving fund.Water pollution control revolving fund. (1) The water pollution control revolving fund is hereby established in the state treasury. Moneys(1) The water pollution control revolving fund is hereby established in the state treasury. Moneys in this fund may be spent only after legislative appropriation. Moneys in the fund may be spent only in ain this fund may be spent only after legislative appropriation. Moneys in the fund may be spent only in a manner consistent with this chapter.manner consistent with this chapter. (2) The water pollution control revolving fund shall consist of:(2) The water pollution control revolving fund shall consist of: (a) All capitalization grants provided by the federal government under the clean water act;(a) All capitalization grants provided by the federal government under the clean water act; (b) All state matching funds appropriated or authorized by the legislature;(b) All state matching funds appropriated or authorized by the legislature; http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/House/2309.SL.pdf?cite=2016%20c%2088%20%C2%A7%201; http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/House/1141-S.SL.pdf?cite=2013%20c%2096%20%C2%A7%201; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c284.pdf?cite=1988%20c%20284%20%C2%A7%202. http://app.leg.wa.gov/RCW/default.aspx?cite=1.08.015 (c) Any other revenues derived from gifts or bequests pledged to the state for the purpose of(c) Any other revenues derived from gifts or bequests pledged to the state for the purpose of providing financial assistance for water pollution control projects;providing financial assistance for water pollution control projects; (d) All repayments of moneys borrowed from the fund;(d) All repayments of moneys borrowed from the fund; (e) All interest payments made by borrowers from the fund;(e) All interest payments made by borrowers from the fund; (f) Any other fee or charge levied in conjunction with administration of the fund; and(f) Any other fee or charge levied in conjunction with administration of the fund; and (g) Any new funds as a result of leveraging.(g) Any new funds as a result of leveraging. (3) The state treasurer may invest and reinvest moneys in the water pollution control revolving(3) The state treasurer may invest and reinvest moneys in the water pollution control revolving fund in the manner provided by law. All earnings from such investment and reinvestment shall befund in the manner provided by law. All earnings from such investment and reinvestment shall be credited to the water pollution control revolving fund.credited to the water pollution control revolving fund. [ [ 2016 c 88 § 2;2016 c 88 § 2; 1993 c 329 § 1;1993 c 329 § 1; 1992 c 235 § 9;1992 c 235 § 9; 1991 sp.s. c 13 § 102;1991 sp.s. c 13 § 102; 1988 c 284 § 3.1988 c 284 § 3.]] NOTES:NOTES: Effective dateEffective date——1993 c 329:1993 c 329: "This act is necessary for the immediate preservation of the "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, andpublic peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 12, 1993]." [ shall take effect immediately [May 12, 1993]." [ 1993 c 329 § 3.1993 c 329 § 3.]] Effective datesEffective dates——SeverabilitySeverability——1991 sp.s. c 13:1991 sp.s. c 13: See notes following RCW See notes following RCW 18.08.24018.08.240.. 90.50A.03090.50A.030 Use of moneys in fund.Use of moneys in fund. The department shall use the moneys in the water pollution control revolving fund to provideThe department shall use the moneys in the water pollution control revolving fund to provide financial assistance as provided in the clean water act and as provided in RCW financial assistance as provided in the clean water act and as provided in RCW 90.50A.04090.50A.040:: (1) To make loans, on the condition that:(1) To make loans, on the condition that: (a) Such loans are made at or below market interest rates, including interest free loans, at terms(a) Such loans are made at or below market interest rates, including interest free loans, at terms not to exceed the lesser of thirty years or the projected useful life, as determined by the state, of thenot to exceed the lesser of thirty years or the projected useful life, as determined by the state, of the project to be financed with the proceeds of the loan;project to be financed with the proceeds of the loan; (b) Annual principal and interest payments will commence not later than one year after completion(b) Annual principal and interest payments will commence not later than one year after completion of any project and all loans will be fully amortized upon the expiration of the term of the loan;of any project and all loans will be fully amortized upon the expiration of the term of the loan; (c) The recipient of a loan will establish a dedicated source of revenue for repayment of loans;(c) The recipient of a loan will establish a dedicated source of revenue for repayment of loans; andand (d) The fund will be credited with all payments of principal and interest on all loans.(d) The fund will be credited with all payments of principal and interest on all loans. (2) Loans may be made for the following purposes:(2) Loans may be made for the following purposes: (a) To public bodies for the construction or replacement of water pollution control facilities as(a) To public bodies for the construction or replacement of water pollution control facilities as defined in the clean water act, including publicly owned industrial wastewater treatment facilities thatdefined in the clean water act, including publicly owned industrial wastewater treatment facilities that reduce the burden on a municipal wastewater facility;reduce the burden on a municipal wastewater facility; (b) For the implementation of a management program established under the clean water act(b) For the implementation of a management program established under the clean water act relating to the management of nonpoint sources of pollution, subject to the requirements of that act; andrelating to the management of nonpoint sources of pollution, subject to the requirements of that act; and (c) For development and implementation of a conservation and management plan under the clean(c) For development and implementation of a conservation and management plan under the clean water act relating to the national estuary program, subject to the requirements of that act.water act relating to the national estuary program, subject to the requirements of that act. (3) The department may also use the moneys in the fund for the following purposes:(3) The department may also use the moneys in the fund for the following purposes: (a) To buy or refinance the water pollution control facilities' debt obligations of public bodies at or(a) To buy or refinance the water pollution control facilities' debt obligations of public bodies at or below market rates, if such debt was incurred after March 7, 1985;below market rates, if such debt was incurred after March 7, 1985; (b) To guarantee, or purchase insurance for, public body obligations for water pollution control(b) To guarantee, or purchase insurance for, public body obligations for water pollution control facility construction or replacement or activities if the guarantee or insurance would improve credit marketfacility construction or replacement or activities if the guarantee or insurance would improve credit market access or reduce interest rates, or to provide loans to a public body for this purpose;access or reduce interest rates, or to provide loans to a public body for this purpose; http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/House/2309.SL.pdf?cite=2016%20c%2088%20%C2%A7%202; http://lawfilesext.leg.wa.gov/biennium/1993-94/Pdf/Bills/Session%20Laws/Senate/5387.SL.pdf?cite=1993%20c%20329%20%C2%A7%201; http://lawfilesext.leg.wa.gov/biennium/1991-92/Pdf/Bills/Session%20Laws/House/2950-S.SL.pdf?cite=1992%20c%20235%20%C2%A7%209; http://lawfilesext.leg.wa.gov/biennium/1991-92/Pdf/Bills/Session%20Laws/House/1058-S.SL.pdf?cite=1991%20sp.s.%20c%2013%20%C2%A7%20102; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c284.pdf?cite=1988%20c%20284%20%C2%A7%203. http://lawfilesext.leg.wa.gov/biennium/1993-94/Pdf/Bills/Session%20Laws/Senate/5387.SL.pdf?cite=1993%20c%20329%20%C2%A7%203. http://app.leg.wa.gov/RCW/default.aspx?cite=18.08.240 (c) As a source of revenue or security for the payment of principal and interest on revenue or(c) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the state if the proceeds of the sale of such bonds will be deposited ingeneral obligation bonds issued by the state if the proceeds of the sale of such bonds will be deposited in the fund;the fund; (d) To earn interest on fund accounts; and(d) To earn interest on fund accounts; and (e) To pay the expenses of the department in administering the water pollution control revolving(e) To pay the expenses of the department in administering the water pollution control revolving fund according to administrative reserves authorized by federal and state law.fund according to administrative reserves authorized by federal and state law. (4) The department shall present a biennial progress report on the use of moneys from the(4) The department shall present a biennial progress report on the use of moneys from the account to the appropriate committees of the legislature. The report shall consist of a list of eachaccount to the appropriate committees of the legislature. The report shall consist of a list of each recipient, project description, and amount of the grant, loan, or both.recipient, project description, and amount of the grant, loan, or both. (5) The department may not use the moneys in the water pollution control revolving fund for(5) The department may not use the moneys in the water pollution control revolving fund for grants.grants. [ [ 2018 c 152 § 1;2018 c 152 § 1; 2016 c 88 § 3;2016 c 88 § 3; 2007 c 341 § 38;2007 c 341 § 38; 1996 c 37 § 4;1996 c 37 § 4; 1988 c 284 § 4.1988 c 284 § 4.]] NOTES:NOTES: Effective dateEffective date——2007 c 341:2007 c 341: See RCW See RCW 90.71.90790.71.907.. 90.50A.04090.50A.040 Administration of fund.Administration of fund. Moneys deposited in the water pollution control revolving fund shall be administered by theMoneys deposited in the water pollution control revolving fund shall be administered by the department. In administering the fund, the department shall:department. In administering the fund, the department shall: (1) Consistent with RCW (1) Consistent with RCW 90.50A.03090.50A.030 and and 90.50A.08090.50A.080, allocate funds for loans in accordance with, allocate funds for loans in accordance with the annual project priority list in accordance with the clean water act;the annual project priority list in accordance with the clean water act; (2) Use accounting, audit, and fiscal procedures that conform to generally accepted government(2) Use accounting, audit, and fiscal procedures that conform to generally accepted government accounting standards;accounting standards; (3) Prepare any reports required by the federal government as a condition to awarding federal(3) Prepare any reports required by the federal government as a condition to awarding federal capitalization grants;capitalization grants; (4) Adopt by rule any procedures or standards necessary to carry out the provisions of this(4) Adopt by rule any procedures or standards necessary to carry out the provisions of this chapter;chapter; (5) Enter into agreements with the federal environmental protection agency;(5) Enter into agreements with the federal environmental protection agency; (6) Cooperate with local, substate regional, and interstate entities regarding state assessment(6) Cooperate with local, substate regional, and interstate entities regarding state assessment reports and state management programs related to the nonpoint source management programs as notedreports and state management programs related to the nonpoint source management programs as noted in the clean water act;in the clean water act; (7) Comply with provisions of the clean water act; and(7) Comply with provisions of the clean water act; and (8) After January 1, 2010, not provide funding for projects designed to address the restoration of(8) After January 1, 2010, not provide funding for projects designed to address the restoration of Puget Sound that are in conflict with the action agenda developed by the Puget Sound partnership underPuget Sound that are in conflict with the action agenda developed by the Puget Sound partnership under RCW RCW 90.71.31090.71.310.. [ [ 2016 c 88 § 4;2016 c 88 § 4; 2007 c 341 § 39;2007 c 341 § 39; 1988 c 284 § 5.1988 c 284 § 5.]] NOTES:NOTES: Effective dateEffective date——2007 c 341:2007 c 341: See RCW See RCW 90.71.90790.71.907.. http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6367.SL.pdf?cite=2018%20c%20152%20%C2%A7%201; http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/House/2309.SL.pdf?cite=2016%20c%2088%20%C2%A7%203; http://lawfilesext.leg.wa.gov/biennium/2007-08/Pdf/Bills/Session%20Laws/Senate/5372-S.SL.pdf?cite=2007%20c%20341%20%C2%A7%2038; http://lawfilesext.leg.wa.gov/biennium/1995-96/Pdf/Bills/Session%20Laws/House/2137.SL.pdf?cite=1996%20c%2037%20%C2%A7%204; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c284.pdf?cite=1988%20c%20284%20%C2%A7%204. http://app.leg.wa.gov/RCW/default.aspx?cite=90.71.907 http://app.leg.wa.gov/RCW/default.aspx?cite=90.71.310 http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/House/2309.SL.pdf?cite=2016%20c%2088%20%C2%A7%204; http://lawfilesext.leg.wa.gov/biennium/2007-08/Pdf/Bills/Session%20Laws/Senate/5372-S.SL.pdf?cite=2007%20c%20341%20%C2%A7%2039; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c284.pdf?cite=1988%20c%20284%20%C2%A7%205. http://app.leg.wa.gov/RCW/default.aspx?cite=90.71.907 90.50A.05090.50A.050 Loans from fund—Requirements for recipients.Loans from fund—Requirements for recipients. Any public body receiving a loan from the fund shall:Any public body receiving a loan from the fund shall: (1) Appear on the annual project priority list to be identified for funding under the clean water act;(1) Appear on the annual project priority list to be identified for funding under the clean water act; (2) Submit an application to the department;(2) Submit an application to the department; (3) Establish and maintain a dedicated source of revenue or other acceptable source of revenue(3) Establish and maintain a dedicated source of revenue or other acceptable source of revenue for the repayment of the loan; andfor the repayment of the loan; and (4) Demonstrate to the satisfaction of the department that it has sufficient legal authority to incur(4) Demonstrate to the satisfaction of the department that it has sufficient legal authority to incur the debt for which it is applying.the debt for which it is applying. [ [ 2016 c 88 § 5;2016 c 88 § 5; 1988 c 284 § 6.1988 c 284 § 6.]] 90.50A.06090.50A.060 Defaults.Defaults. If a public body defaults on payments due to the fund, the state may withhold any amountsIf a public body defaults on payments due to the fund, the state may withhold any amounts otherwise due to the public body and direct that such funds be applied to the indebtedness andotherwise due to the public body and direct that such funds be applied to the indebtedness and deposited into the account.deposited into the account. [ [ 1988 c 284 § 7.1988 c 284 § 7.]] 90.50A.07090.50A.070 Establishment of policies for loan terms and interest rates.Establishment of policies for loan terms and interest rates. The department shall establish by rule policies for establishing loan terms and interest rates forThe department shall establish by rule policies for establishing loan terms and interest rates for loans made from the fund that assure that the objectives of this chapter are met and that adequate fundsloans made from the fund that assure that the objectives of this chapter are met and that adequate funds are maintained in the fund to meet future needs.are maintained in the fund to meet future needs. [ [ 1988 c 284 § 8.1988 c 284 § 8.]] 90.50A.08090.50A.080 Puget Sound partners.Puget Sound partners. (1) In administering the fund, the department shall give priority consideration to:(1) In administering the fund, the department shall give priority consideration to: (a) A public body that is a Puget Sound partner, as defined in RCW (a) A public body that is a Puget Sound partner, as defined in RCW 90.71.01090.71.010; and; and (b) A project that is referenced in the action agenda developed by the Puget Sound partnership(b) A project that is referenced in the action agenda developed by the Puget Sound partnership under RCW under RCW 90.71.31090.71.310.. (2) When implementing this section, the department shall give preference only to Puget Sound(2) When implementing this section, the department shall give preference only to Puget Sound partners, as defined in RCW partners, as defined in RCW 90.71.01090.71.010, in comparison to other entities that are eligible to be included in, in comparison to other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due tothe definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due to geographic location, composition, exclusion from the scope of the Puget Sound action agenda developedgeographic location, composition, exclusion from the scope of the Puget Sound action agenda developed http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/House/2309.SL.pdf?cite=2016%20c%2088%20%C2%A7%205; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c284.pdf?cite=1988%20c%20284%20%C2%A7%206. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c284.pdf?cite=1988%20c%20284%20%C2%A7%207. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c284.pdf?cite=1988%20c%20284%20%C2%A7%208. http://app.leg.wa.gov/RCW/default.aspx?cite=90.71.010 http://app.leg.wa.gov/RCW/default.aspx?cite=90.71.310 http://app.leg.wa.gov/RCW/default.aspx?cite=90.71.010 under RCW under RCW 90.71.31090.71.310, or for any other reason, shall not be given less preferential treatment than Puget, or for any other reason, shall not be given less preferential treatment than Puget Sound partners.Sound partners. [ [ 2007 c 341 § 40.2007 c 341 § 40.]] NOTES:NOTES: Effective dateEffective date——2007 c 341:2007 c 341: See RCW See RCW 90.71.90790.71.907.. 90.50A.09090.50A.090 Water pollution control revolving administration account—Creation—Report to theWater pollution control revolving administration account—Creation—Report to the legislature.legislature. (1) The water pollution control revolving administration account is created in the state treasury. All(1) The water pollution control revolving administration account is created in the state treasury. All receipts from charges authorized in this section must be deposited in the account. Moneys in the accountreceipts from charges authorized in this section must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only in a mannermay be spent only after appropriation. Expenditures from the account may be used only in a manner consistent with this section.consistent with this section. (2) The department is authorized to assess administration charges as a portion of the debt(2) The department is authorized to assess administration charges as a portion of the debt service for loans issued under the water pollution control revolving fund created in RCW service for loans issued under the water pollution control revolving fund created in RCW 90.50A.02090.50A.020.. The sole purpose of assessing administration charges is to predictably and adequately fund theThe sole purpose of assessing administration charges is to predictably and adequately fund the department's costs of administering the water pollution control revolving fund loan program, as identifieddepartment's costs of administering the water pollution control revolving fund loan program, as identified in subsection (5) of this section. The department must assess administration charges on each waterin subsection (5) of this section. The department must assess administration charges on each water pollution control revolving fund loan at the point the loan enters repayment status, after July 28, 2013,pollution control revolving fund loan at the point the loan enters repayment status, after July 28, 2013, and rule changes are adopted to implement the administration charge. Loans that are at an interest rateand rule changes are adopted to implement the administration charge. Loans that are at an interest rate below the established administration charge rate are exempt from the administration charge.below the established administration charge rate are exempt from the administration charge. (3) The water pollution control revolving administration account consists of:(3) The water pollution control revolving administration account consists of: (a) Any administration charge levied by the department in conjunction with administration of the(a) Any administration charge levied by the department in conjunction with administration of the water pollution control revolving fund; andwater pollution control revolving fund; and (b) Any other revenues derived from gifts, grants, or bequests pledged to the state for the(b) Any other revenues derived from gifts, grants, or bequests pledged to the state for the purpose of administering the water pollution control revolving fund.purpose of administering the water pollution control revolving fund. (4) The state treasurer may invest and reinvest moneys in the water pollution control revolving(4) The state treasurer may invest and reinvest moneys in the water pollution control revolving administration account in the manner provided by law. All earnings from such investment andadministration account in the manner provided by law. All earnings from such investment and reinvestment must be credited to the water pollution control revolving administration account.reinvestment must be credited to the water pollution control revolving administration account. (5) Moneys in the water pollution control revolving administration account are to be used for the(5) Moneys in the water pollution control revolving administration account are to be used for the following water pollution [control] revolving fund loan program costs:following water pollution [control] revolving fund loan program costs: (a) Administration costs associated with conducting application processes, managing contracts,(a) Administration costs associated with conducting application processes, managing contracts, collecting loan repayments, managing the revolving fund, providing technical assistance, and meetingcollecting loan repayments, managing the revolving fund, providing technical assistance, and meeting state and federal reporting requirements; andstate and federal reporting requirements; and (b) Information and data system costs associated with loan tracking and fund management.(b) Information and data system costs associated with loan tracking and fund management. (6) Each biennium, the department may spend from the water pollution control revolving(6) Each biennium, the department may spend from the water pollution control revolving administration account an amount no greater than four percent of the water pollution control revolvingadministration account an amount no greater than four percent of the water pollution control revolving fund new capital appropriation.fund new capital appropriation. (7) For its 2017­2019 biennial operating budget submittal, and every biennium thereafter, the(7) For its 2017­2019 biennial operating budget submittal, and every biennium thereafter, the department must compare the projected water pollution control revolving administration account balancedepartment must compare the projected water pollution control revolving administration account balance and the projected administration charge income with projected program costs, including an adequateand the projected administration charge income with projected program costs, including an adequate working capital reserve as defined by the office of financial management. In its submittal to the office ofworking capital reserve as defined by the office of financial management. In its submittal to the office of financial management, the department may:financial management, the department may: http://app.leg.wa.gov/RCW/default.aspx?cite=90.71.310 http://lawfilesext.leg.wa.gov/biennium/2007-08/Pdf/Bills/Session%20Laws/Senate/5372-S.SL.pdf?cite=2007%20c%20341%20%C2%A7%2040. http://app.leg.wa.gov/RCW/default.aspx?cite=90.71.907 (a) Find that the projected administration charge income is inadequate to fund the cost of(a) Find that the projected administration charge income is inadequate to fund the cost of administering the program, and that the rate of the charge must be increased. However, theadministering the program, and that the rate of the charge must be increased. However, the administration charge may never exceed one percent on the declining principal loan balance;administration charge may never exceed one percent on the declining principal loan balance; (b) Find that the projected administration charge income exceeds what is needed to fund the cost(b) Find that the projected administration charge income exceeds what is needed to fund the cost of administering the program, and that the rate of the charge must be decreased;of administering the program, and that the rate of the charge must be decreased; (c) Find that there is an excess balance in the revolving administration account, and that the(c) Find that there is an excess balance in the revolving administration account, and that the excess must be transferred to the water pollution control revolving fund to be used for loans; orexcess must be transferred to the water pollution control revolving fund to be used for loans; or (d) Find that there is no need for any rate adjustments or balance transfers.(d) Find that there is no need for any rate adjustments or balance transfers. (8) At the point where the water pollution control revolving administration account adequately(8) At the point where the water pollution control revolving administration account adequately covers the program administration costs, the department may no longer use the federal administrationcovers the program administration costs, the department may no longer use the federal administration allowance. If a federal capitalization grant is awarded after that point, all federal capitalization dollarsallowance. If a federal capitalization grant is awarded after that point, all federal capitalization dollars must be used for making loans.must be used for making loans. (9) By December 1, 2018, the department must submit to the appropriate legislative fiscal(9) By December 1, 2018, the department must submit to the appropriate legislative fiscal committees a report on implementation of the administration charge, including information on: Thecommittees a report on implementation of the administration charge, including information on: The amount of income the administration charge has produced since its inception; the uses and adequacy ofamount of income the administration charge has produced since its inception; the uses and adequacy of the income for administrative costs; any excess balances that have been transferred to the waterthe income for administrative costs; any excess balances that have been transferred to the water pollution control revolving fund; and any additional sources that the department is using for programpollution control revolving fund; and any additional sources that the department is using for program administration.administration. [ [ 2013 c 96 § 2.2013 c 96 § 2.]] http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/House/1141-S.SL.pdf?cite=2013%20c%2096%20%C2%A7%202.