AN ACT Relating to hazardous materials liability; amending RCW 70.136.020, 70.136.030, and 70.136.050; adding a new section to chapter 4.24 RCW; and adding a new section to chapter 70.136 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 2, chapter 172, Laws of 1982 and RCW 70.136.020 are each amended to read as follows:

The definitions set forth in this section apply throughout RCW 70.136.010 through 70.136.070.

(1) "Hazardous materials" means:

(a) Materials which, if not contained may cause unacceptable risks to human life within a specified area adjacent to the spill, seepage, fire, explosion, or other release, and will, consequently, require evacuation;

(b) Materials that, if spilled, could cause unusual risks to the general public and to emergency response personnel responding at the scene;

(d) Materials requiring unusual storage or transportation conditions to assure safe containment; or

(e) Materials requiring unusual treatment, packaging, or vehicles during transportation to assure safe containment.

(2) "Applicable political subdivisions of the state" means cities, towns, counties, fire districts, and those port authorities with emergency response capabilities.

(3) "Person" means an individual, partnership, corporation, or association.

(4) "Hazardous materials incident" means an incident creating a danger to persons, property, or the environment as a result of spillage, seepage, fire, explosion, or release of hazardous materials, or the possibility thereof.

(5) "Governing body" means the elected legislative council, board, or commission or the chief executive of the applicable political subdivision of the state with public safety responsibility.

(6) "Incident commander" means ((~~the commanding officer~~)) the predesignated or appointed agency charged with coordinating all activities and resources at the incident scene ((~~who is representing the designated hazardous materials incident command agency.~~

(7) "Representative" means an agent of the incident commander from the designated hazardous materials incident command agency with the authority to secure the services of persons with hazardous materials expertise or equipment.

~~(8)~~)) (7) "Profit" means compensation for rendering care, assistance, or advice in excess of expenses actually incurred.

Sec. 2. Section 4, chapter 172, Laws of 1982 as last amended by section 132, chapter 7, Laws of 1985 and RCW 70.136.030 are each amended to read as follows:

The governing body of each applicable political subdivision of this state ((~~may~~)) shall designate a hazardous materials incident command agency within its respective boundaries, and file this designation with the director of emergency management ((~~or its successor agency~~)). In designating an incident command agency, the political subdivision shall consider the training, manpower, expertise, and equipment of various available agencies as well as the Uniform Fire Code and other existing codes and regulations. Along state and interstate highway corridors, the Washington state patrol shall be the designated incident command agency unless by mutual agreement that role has been assumed by another designated incident command agency. If a political subdivision has not designated an incident command agency within six months after April 1, 1986, the Washington state patrol shall then assume the role of incident command agency until a designation has been made.

NEW SECTION. Sec. 3. A new section is added to chapter 70.136 RCW to read as follows:

In political subdivisions where an incident command agency has been designated, the Washington state patrol shall continue to respond with a supervisor to provide assistance to the incident commander.

Sec. 4. Section 5, chapter 172, Laws of 1982 as amended by section 2, chapter 165, Laws of 1984 and RCW 70.136.050 are each amended to read as follows:

Any person who, in good faith, renders emergency care, assistance, or advice with respect to a hazardous materials incident is not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct, if:

(1) The political subdivision has designated a hazardous materials incident command agency as required by RCW 70.136.030; and

(2) ((The designated incident command agency and the person whose assistance is requested have entered into a written hazardous materials assistance agreement prior to the incident which incorporates the terms and conditions of RCW 70.136.060, except as specified in RCW 70.136.070;

~~(3)~~)) The request for assistance comes from the designated incident command agency.

NEW SECTION. Sec. 5. A new section is added to chapter 4.24 RCW to read as follows:

(1) Any person transporting hazardous materials shall clean up any hazardous materials incident that occurs during transportation, and shall take such additional action as may be reasonably necessary after consultation with the designated incident command agency in order to achieve compliance with all applicable federal and state laws and regulations.

Any person responsible for causing the hazardous materials incident, other than an operating employee of a transportation company, is liable to the state or any political subdivision thereof for extraordinary costs incurred by the state or the political subdivision in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident.

(2) "Extraordinary costs" as used in this section means those reasonable and necessary costs incurred by a governmental entity in the course of protecting life and property that exceed the normal and usual expenses anticipated for police and fire protection, emergency services, and public works. These shall include, but not be limited to, overtime for public employees, unusual fuel consumption requirements, any loss or damage to publicly owned equipment, administrative expenses to cover the cost of collection, and the purchase or lease of any special equipment or services required to protect the public during the hazardous materials incident.