6210-S AMH AGEC H4901.1

SSB 6210 - H COMM AMD ADOPTED 3-1-00

By Committee on Agriculture & Ecology

    On page 36, after line 5, strike sections 27 and 28 and insert the following:

    "Sec. 27.  RCW 43.21I.010 and 1992 c 73 s 4 are each amended to read as follows:

    (1) There is hereby created ((an agency of state government to be known as the office of marine safety.  The office)) within the department of ecology an oil spill prevention program.  For the program, the department shall be vested with all powers and duties transferred to it from the office of marine safety and such other powers and duties as may be authorized by law.  The main administrative office ((of)) for the ((office)) program shall be located in the city of Olympia.  The ((administrator)) director may establish administrative facilities in other locations, if deemed necessary for the efficient operation of the ((office)) program, and if consistent with the principles set forth in subsection (2) of this section.

    (2) The ((office of marine safety)) oil spill prevention program shall be organized consistent with the goals of providing state government with a focus in marine transportation and serving the people of this state.  The legislature recognizes that the ((administrator)) director needs sufficient organizational flexibility to carry out the ((office's)) program's various duties.  To the extent practical, the ((administrator)) director shall consider the following organizational principles:

    (a) Clear lines of authority which avoid functional duplication within and between subelements of the ((office)) program;

    (b) A clear and simplified organizational design promoting accessibility, responsiveness, and accountability to the legislature, the consumer, and the general public; and

    (c) Maximum span of control without jeopardizing adequate supervision.

    (3) The ((office)) department, through the program, shall provide leadership and coordination in identifying and resolving threats to the safety of marine transportation and the impact of marine transportation on the environment:

    (a) Working with other state agencies and local governments to strengthen the state and local governmental partnership in providing public protection;

    (b) Providing expert advice to the executive and legislative branches of state government;

    (c) Providing active and fair enforcement of rules;

    (d) Working with other federal, state, and local agencies and facilitating their involvement in planning and implementing marine safety measures;

    (e) Providing information to the public; and

    (f) Carrying out such other related actions as may be appropriate to this purpose.

    (4) In accordance with the administrative procedure act, chapter 34.05 RCW, the ((office)) department shall ensure an opportunity for consultation, review, and comment before the adoption of standards, guidelines, and rules.

    (5) Consistent with the principles set forth in subsection (2) of this section, the ((administrator)) director may create such administrative divisions, offices, bureaus, and programs within the ((office)) program as the ((administrator)) director deems necessary.  The ((administrator)) director shall have complete charge of and supervisory powers over the ((office)) program, except where the ((administrator's)) director's authority is specifically limited by law.

    (6) The ((administrator)) director shall appoint such personnel as are necessary to carry out the duties of the ((office)) program.  In addition to exemptions set forth in RCW 41.06.070(((28), the administrator, the administrator's confidential secretary, and)), up to four professional staff members shall be exempt from the provisions of chapter 41.06 RCW.  All other employees of the ((office)) program shall be subject to the provisions of chapter 41.06 RCW.

(7) The definitions in this section apply throughout this chapter.

(a) "Department" means the department of ecology.

(b) "Director" means the director of the department.

    Sec. 28.  RCW 43.21I.030 and 1992 c 73 s 11 are each amended to read as follows:

    In addition to any other powers granted the ((administrator)) director, the ((administrator)) director may:

    (1) Adopt, in accordance with chapter 34.05 RCW, rules necessary to carry out the provisions of this chapter and chapter 88.46 RCW;

    (2) Appoint such advisory committees as may be necessary to carry out the provisions of this chapter and chapter 88.46 RCW.  Members of such advisory committees are authorized to receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.  The ((administrator)) director shall review each advisory committee within the jurisdiction of the ((office)) program and each statutory advisory committee on a biennial basis to determine if such advisory committee is needed.  The criteria specified in RCW 43.131.070 shall be used to determine whether or not each advisory committee shall be continued;

    (3) Undertake studies, research, and analysis necessary to carry out the provisions of this chapter and chapter 88.46 RCW;

    (4) Delegate powers, duties, and functions of the ((office)) program to employees of the ((office)) department as the ((administrator)) director deems necessary to carry out the provisions of this chapter and chapter 88.46 RCW;

    (5) Enter into contracts on behalf of the ((office)) department to carry out the purposes of this chapter and chapter 88.46 RCW;

    (6) Act for the state in the initiation of, or the participation in, any intergovernmental program for the purposes of this chapter and chapter 88.46 RCW; or

    (7) Accept gifts, grants, or other funds.

    Sec. 29.  RCW 43.21I.040 and 1991 c 200 s 407 are each amended to read as follows:

    (1) The ((administrator)) director shall have full authority to administer oaths and take testimony thereunder, to issue subpoenas requiring the attendance of witnesses before the ((administrator)) director together with all books, memoranda, papers, and other documents, articles or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation.

    (2) Subpoenas issued in adjudicative proceedings shall be governed by chapter 34.05 RCW.

    (3) Subpoenas issued in the conduct of investigations required or authorized by other statutory provisions or necessary in the enforcement of other statutory provisions shall be governed by chapter 34.05 RCW.

    Sec. 30.  RCW 88.40.011 and 1992 c 73 s 12 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) (("Administrator" means the administrator of the office of marine safety created in RCW 43.21I.010.

    (2))) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, of three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters.

    (((3))) (2) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.

    (((4))) (3) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.

    (((5))) (4) "Department" means the department of ecology.

    (((6))) (5) "Director" means the director of the department of ecology.

    (((7))) (6)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.

    (b) A facility does not include any:  (i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; (ii) retail motor vehicle motor fuel outlet; (iii) facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; (iv) underground storage tank regulated by the department or a local government under chapter 90.76 RCW; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.

    (((8))) (7) "Hazardous substances" means any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99‑499.  The following are not hazardous substances for purposes of this chapter:

    (a) Wastes listed as F001 through F028 in Table 302.4; and

    (b) Wastes listed as K001 through K136 in Table 302.4.

    (((9))) (8) "Inland barge" means any barge operating on the waters of the state and certified by the coast guard as an inland barge.

    (((10))) (9) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.

    (((11) "Office" means the office of marine safety established by RCW 43.21I.010.

    (12))) (10) "Oil" or "oils" means any naturally occurring liquid hydrocarbons at atmospheric temperature and pressure coming from the earth, including condensate and natural gasoline, and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil.  Oil does not include any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99‑499.

    (((13))) (11) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land.

    (((14))) (12) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.

    (((15))) (13)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.

    (b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.

    (((16))) (14) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.

    (((17))) (15) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.

    (((18))) (16) "Spill" means an unauthorized discharge of oil into the waters of the state.

    (((19))) (17) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:

    (a) Operates on the waters of the state; or

    (b) Transfers oil in a port or place subject to the jurisdiction of this state.

    (((20))) (18) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.

    Sec. 31.  RCW 88.40.020 and 1992 c 73 s 13 are each amended to read as follows:

    (1) Any inland barge that transports hazardous substances in bulk as cargo, using any port or place in the state of Washington or the navigable waters of the state shall establish evidence of financial responsibility in the amount of the greater of one million dollars, or one hundred fifty dollars per gross ton of such vessel.

    (2)(a) Except as provided in (c) of this subsection, a tank vessel that carries oil as cargo in bulk shall demonstrate financial responsibility to pay at least five hundred million dollars.

    (b) The ((administrator)) director by rule may establish a lesser standard of financial responsibility for barges of three hundred gross tons or less.  The standard shall set the level of financial responsibility based on the quantity of cargo the barge is capable of carrying.  The ((administrator)) director shall not set the standard for barges of three hundred gross tons or less below that required under federal law.

    (c) The owner or operator of a tank vessel who is a member of an international protection and indemnity mutual organization and is covered for oil pollution risks up to the amounts required under this section is not required to demonstrate financial responsibility under this chapter.  The ((administrator)) director may require the owner or operator of a tank vessel to prove membership in such an organization.

    (3) A cargo vessel or passenger vessel that carries oil as fuel shall demonstrate financial responsibility to pay the greater of at least six hundred dollars per gross ton or five hundred thousand dollars.

    (4) The documentation of financial responsibility shall demonstrate the ability of the document holder to meet state and federal financial liability requirements for the actual costs for removal of oil spills, for natural resource damages, and necessary expenses.

    (5) The ((office)) department may by rule set a lesser amount of financial responsibility for a tank vessel that meets standards for construction, propulsion, equipment, and personnel established by the ((office)) department.  The ((office)) department shall require as a minimum level of financial responsibility under this subsection the same level of financial responsibility required under federal law.

    (6) This section shall not apply to a covered vessel owned or operated by the federal government or by a state or local government.

    Sec. 32.  RCW 88.40.030 and 1991 c 200 s 705 are each amended to read as follows:

    Financial responsibility required by this chapter may be established by any one of, or a combination of, the following methods acceptable to the ((office of marine safety or the)) department of ecology:  (1) Evidence of insurance; (2) surety bonds; (3) qualification as a self-insurer; or (4) other evidence of financial responsibility.  Any bond filed shall be issued by a bonding company authorized to do business in the United States.  Documentation of such financial responsibility shall be kept on any covered vessel and filed with the ((office)) department at least twenty-four hours before entry of the vessel into the navigable waters of the state.  A covered vessel is not required to file documentation of financial responsibility twenty-four hours before entry of the vessel into the navigable waters of the state, if the vessel has filed documentation of financial responsibility with the federal government, and the level of financial responsibility required by the federal government is the same as or exceeds state requirements.  The owner or operator of the vessel may file with the ((office)) department a certificate evidencing compliance with the requirements of another state's or federal financial responsibility requirements if the state or federal government requires a level of financial responsibility the same as or greater than that required under this chapter.

    Sec. 33.  RCW 88.40.040 and 1992 c 73 s 14 are each amended to read as follows:

    (1) The ((office)) department shall deny entry to the waters of the state to any vessel that does not meet the financial responsibility requirements of this chapter.  Any vessel owner or operator that does not meet the financial responsibility requirements of this chapter and any rules prescribed thereunder or the federal oil pollution act of 1990 shall be reported by the ((office)) department to the United States coast guard.

    (2) The ((office)) department shall enforce section 1016 of the federal oil pollution act of 1990 as authorized by section 1019 of the federal act.

    Sec. 34.  RCW 90.56.310 and 1992 c 73 s 35 are each amended to read as follows:

    (1) Except as provided in subsection (3) of this section, it shall be unlawful:

    (a) For the owner or operator to operate an onshore or offshore facility without an approved contingency plan as required under RCW 90.56.210, a spill prevention plan required by RCW 90.56.200, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990; or

    (b) For the owner or operator of an onshore or offshore facility to transfer cargo or passengers to or from a covered vessel that does not have an approved contingency plan or an approved prevention plan required under chapter 88.46 RCW or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990.

    (2) The department may assess a civil penalty under RCW 43.21B.300 of up to one hundred thousand dollars against any person who is in violation of this section.  Each day that a facility or person is in violation of this section shall be considered a separate violation.

    (3) It shall not be unlawful for a facility or other person to operate or accept cargo or passengers from a covered vessel if:

    (a) A contingency plan, a prevention plan, or financial responsibility is not required for the facility; or

    (b) A contingency and prevention plan has been submitted to the department as required by this chapter and rules adopted by the department and the department is reviewing the plan and has not denied approval.

    (4) Any person may rely on a copy of the statement issued by the department pursuant to RCW 90.56.210(7) as evidence that the facility has an approved contingency plan and the statement issued pursuant to RCW 90.56.200(4) as evidence that the facility has an approved spill prevention plan.  Any person may rely on a copy of the statement issued by the office of marine safety, or its successor agency, the department, pursuant to RCW 88.46.060 as evidence that the vessel has an approved contingency plan and the statement issued pursuant to RCW 88.46.040 as evidence that the vessel has an approved prevention plan.

    Sec. 35.  RCW 43.21I.005 and 1997 c 449 s 1 are each amended to read as follows:

    (1) The legislature declares that Washington's waters have irreplaceable value for the citizens of the state.  These waters are vital habitat for numerous and diverse marine life and wildlife and the source of recreation, aesthetic pleasure, and pride for Washington's citizens.  These waters are also vital for much of Washington's economic vitality.

    The legislature finds that the transportation of oil on these waters creates a great potential hazard to these important natural resources.  The legislature also finds that there is no state agency responsible for maritime safety to ensure this state's interest in preserving these resources.

    ((The legislature therefore finds that in order to protect these waters it is necessary to establish an office of marine safety which will have the responsibility to promote the safety of marine transportation in Washington.))

    (2) The legislature finds that adequate funding is necessary for the state to continue its priority focus on the prevention of oil spills, as well as maintain a strong oil spill response, planning, and environmental restoration capability.  The legislature further finds that (([the])) the long-term environmental health of the state's waters depends upon the strength and vitality of its oil spill prevention and response program that fosters planning, coordination, and incident command.  To that end, the merger of the office of marine safety with the department of ecology shall:  Ensure coordination via streamlining the marine safety functions of two agencies into one; provide a focused prevention and response program under a single administration; generate efficient incident command response capability and continue to meet the challenges threatening marine safety and the environment; and increase accountability to the public, the executive branch, and the legislature.

    (3) It is the intent of the legislature that the state's oil spill prevention, response, planning, and environmental restoration activities be sufficiently funded to maintain a strong prevention and response program.  It is further the intent of the legislature that the merger of the office of marine safety with the department of ecology be accomplished in an organizational manner that maintains a priority focus and position for the oil spill prevention and response program.  The merger shall allow for ready identification of the program by the public and ensure no diminution in the state's commitment to marine safety and environmental protection as follows:

    (a) The director of the department of ecology shall consolidate all of the agency's oil spill prevention, planning, and response programs and personnel into a division or equivalent unit of organization within the department.  The division shall be managed by a single administrator who is an assistant director or person of equivalent status in the department's organization.  The administrator shall report directly to the director.

    (b) The consolidated oil spill program unit within the department shall maintain prevention of oil spills as a specific program.

    (c) The department shall identify and participate in resolving threats to safety of marine transportation and the impact of marine transportation on the environment.

NEW SECTION. Sec. 36.  The following acts or parts of acts are each decodified:

(1) RCW 43.21I.005 (Findings--Consolidation of oil spill programs--Administrator of consolidated oil spill program);

(2) RCW 88.46.150 (Tow boat standards--Study);

(3) RCW 88.46.924 (Continuation of rules, pending business, and obligations);

(4) RCW 88.46.925 (Prior acts valid); and

(5) RCW 88.46.927 (Collective bargaining agreements not altered).

NEW SECTION. Sec. 37.  The following acts or parts of acts are each repealed:

(1) RCW 88.46.140 (Unified and consistent planning) and 1991 c 200 s 428;

(2) RCW 90.56.903 (Report on implementation) and 1991 c 200 s 1109; and

(3) RCW 88.46.922 (Transfer of property and appropriations) and 1991 c 200 s 431."

SSB 6210 - H COMM AMD

By Committee on Agriculture & Ecology

    On page 1, line 6 of the title, after "90.56.560," strike the remainder of the title and insert "82.23B.020, 43.21I.010, 43.21I.030, 43.21I.040, 88.40.011, 88.40.020, 88.40.030, 88.40.040, 90.56.310, and 43.21I.005; creating a new section; decodifying RCW 43.21I.005, 88.46.150, 88.46.924, 88.46.925, and 88.46.927; and repealing RCW 88.46.140, 90.56.903, and 88.46.922."

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