SENATE BILL REPORT

ESSB 5810

BYSenate Committee on Agriculture (originally sponsored by Senators Barr, Madsen, Sutherland and Benitz)

Modifying responsibility for hazardous material incidents.

Senate Committee on Agriculture

Senate Hearing Date(s):February 21, 1989; February 23, 1989

Majority Report:  That Substitute Senate Bill No. 5810 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Barr, Chairman; Bailey, Gaspard, Hansen, Madsen.

Senate Staff:David Monthie (786-7198)

                  April 14, 1989

House Committe on Environmental Affairs

AS PASSED SENATE, MARCH 14, 1989

BACKGROUND:

Local fire districts are under a general obligation to protect life and property in their jurisdictions.  In addition, fire districts may be designated as "incident command agencies" under state law governing coordination of responses to hazardous materials incidents (70.136 RCW).  Hazardous materials incidents are defined as incidents creating a danger to person, property, or the environment from actual or possible spillage, seepage, fire, explosion, or release of hazardous materials.

Current law requires any person transporting hazardous materials to clean up any hazardous materials incident that occurs during transportation.  A person responsible for causing the incident, other than an employee of a transportation company, is also liable to the state or local government for any "extraordinary costs" in protecting the public from actual or threatened harm.  "Extraordinary costs" are defined as those that exceed the normal and usual expenses anticipated for police and fire protection, such as overtime pay, damage to equipment, and the cost of any special equipment or services.

The law is unclear as to whether state or local governmental entities may obtain reimbursement for extraordinary costs arising out of non-transportation incidents--as, for example, with a leak of hazardous materials from a storage facility--and as to the obligations arising out of a potential release.

SUMMARY:

The obligation of a transporting company is made applicable to any "hazardous materials incident" as defined in RCW 70.136.020, which includes possible releases.  The limitation to releases only during transportation is modified and any person, other than the operating employees of a company, causing the release or potential release of hazardous materials is made liable for extraordinary costs incurred by any municipal fire department or fire district until the Department of Ecology assumes command of the incident.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 17, 1989

Senate Committee - Testified: Les Flue, Pierce County Fire District No. 6 (pro); Otto Jensen, Washington State Association of Fire Chiefs (pro)

HOUSE AMENDMENT:

A technical change is made to cover the situation when an agency other than the Department of Ecology is the incident command agency for the hazardous materials incident.