SENATE BILL REPORT

SB 5810

BYSenators 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)

                  February 24, 1989

AS REPORTED BY COMMITTEE ON AGRICULTURE, FEBRUARY 23, 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 to clean up a hazardous materials incident is expanded to include any person responsible for causing a release or potential release of hazardous materials that requires an emergency response.  The limitation to releases only during transportation is deleted.  Any person causing the release or potential release of hazardous materials, other than the operating employees of a company, is made liable for extraordinary costs incurred by any governmental entity.

EFFECT OF PROPOSED SUBSTITUTE:

"Hazardous materials incident, as defined in RCW 70.136.020," is substituted for "release or potential release."  This existing statutory definition includes the "possibility" of a release.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 17, 1989

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