"NEW SECTION.  Sec. 1   (1) The state of Washington has a long history of leading in efforts to protect our natural environment while encouraging economic opportunities. Public safety, protection of the natural environment, and economic opportunities are goals shared by all Washingtonians.
     (2) Liquid bulk crude oil spill prevention and response programs in Washington state, created through thoughtful cooperation and coordination between industry and the communities they serve, is a model to the rest of the nation and a model to the world. As modes of transport for various types of liquid bulk crude oil change and as the volume of liquid bulk crude oil transported through Washington changes, it is important that proactive steps are taken to ensure public safety and protection of natural resources.
     (3) This act is intended to build upon strong and prudent plans currently in effect, identify areas that need further protections, and invest taxpayer funds today to increase safety and prevent spills.
     (4) Prevention of crude oil spills is a top priority of the legislature. Providing first responders, local communities, and impacted parties with the tools to respond when spills do occur is in the vital interest of the citizens of Washington state.

NEW SECTION.  Sec. 2   (1) The department of ecology, in consultation with the utilities and transportation commission, the federal railroad administration, and industry representatives, shall conduct a study on the safety of transporting crude oil in liquid bulk form by rail. The study must include:
     (a) A review of:
     (i) The federal, state, and local emergency response and prevention programs and activities for spills from railcars transporting liquid bulk crude oil with a focus on high hazard areas where emergency response equipment can be strategically placed for use by federal, state, regional, or local governments or other emergency responders;
     (ii) The capacity of local jurisdictions to prevent and respond to liquid bulk crude oil spills;
     (iii) The identification of weaknesses or gaps in federal, state, and local liquid bulk crude oil spill prevention and response; and
     (iv) Federal regulations governing liquid bulk crude oil spill prevention and response for transport by rail;
     (b) A survey of:
     (i) Local government funding for emergency liquid bulk crude oil spill prevention and response programs;
     (ii) Sources of funding, entities assessed, or contributions required by participants of emergency liquid bulk crude oil spill prevention and response programs; and
     (iii) Regional or countywide cooperative agreements implementing liquid bulk crude oil spill prevention and response programs;
     (c) Recommendations for legislative consideration on at least the following:
     (i) Levels of funding and sources of funding for emergency liquid bulk crude oil spill prevention and response programs;
     (ii) Participants that should be included in an emergency liquid bulk crude oil spill prevention and response program and the amount these participants should be assessed;
     (iii) Appropriate use of funds such as: Liquid bulk crude oil spill response, equipment, training, or other benefits to those who are assessed;
     (iv) Cooperative regional or countywide agreements to meet emergency oil and liquid bulk crude oil spill prevention and response program needs, while maintaining an individual organization's distinct purpose; and
     (v) Methods to increase cooperation and coordination among organizations responding to oil and liquid bulk crude oil spills, including:
     (A) Sharing resources or mutual aide between terrestrial and on-water liquid bulk crude oil spill emergencies; and
     (B) Communication to ensure a common understanding of the potential threat from liquid bulk crude oil spills; and
     (d) A report on the status and progress of federal rule making for rail tank car safety requirements including model, age, modifications, and upgrades.
     (2) The department of ecology must provide: (a) A preliminary evaluation on the status of the safety of transporting liquid bulk crude oil in the state and include recommendations for near-term legislative action to address needs identified in the review as required under subsection (1)(a)(i) of this section, to the relevant policy and fiscal committees of the senate and house of representatives by December 31, 2014; and (b) using the study and reviews conducted under this section, a final report regarding the safety of the transport of liquid bulk crude oil, as well as recommendations for policy, budget needs, or legislation to the relevant policy and fiscal committees of the senate and house of representatives by December 31, 2015.

NEW SECTION.  Sec. 3   The department of ecology shall provide an analysis on the safety of transporting liquid bulk crude oil on waters of the state.
     (1) The analysis must include:
     (a) The capacity to address risks posed by increased waterborne traffic of liquid bulk crude oil;
     (b) Weaknesses or gaps in liquid bulk crude oil spill prevention and response programs, including identification of programs that are not complete or need to be more robust, with a focus on Grays Harbor and the Columbia river; and
     (c) Barge and tug operations within the state related to the movement of liquid bulk crude oil; and
     (d) A status report on the federal, state, and local waterborne liquid bulk crude oil spill prevention and preparedness.
     (2) The department of ecology must provide to the relevant policy and fiscal committees of the senate and house of representatives by December 31, 2014, a status report on waterborne liquid bulk crude oil spill prevention and preparedness; recommendations for Grays Harbor and the Columbia river crude oil spill prevention and preparedness; and an analysis of barge and tug liquid bulk crude oil operations, and safety gaps or weaknesses in liquid bulk crude oil spill prevention and response programs and area or regional efforts.

Sec. 4   RCW 90.56.250 and 1991 c 200 s 205 are each amended to read as follows:
     (1) The department shall annually publish an index of available, up-to-date descriptions of prevention plans and contingency plans for oil spills submitted and approved pursuant to RCW 90.56.200, 90.56.210, 88.46.040, and 88.46.060 and an inventory of equipment available for responding to such spills.
     (2) The department shall make available on its web site: (a) Descriptions of prevention and contingency programs for liquid bulk crude oil spills; (b) descriptions of how the department is responding to or has addressed public concerns regarding liquid bulk crude oil spill prevention and response; and (c) in the event of a liquid bulk crude oil spill, information and updates regarding all efforts taken to clean up the spill, in consultation with and in agreement with the unified command, if applicable. The department may not make available on its web site specific plan elements or confidential information.

NEW SECTION.  Sec. 5   A new section is added to chapter 90.56 RCW to read as follows:
     (1) The department must provide to the relevant policy and fiscal committees of the senate and house of representatives:
     (a) A review of all state and federal geographic response plans as needed in contingency plans required under RCW 90.56.210 and 88.46.060 by December 31, 2014; and
     (b) Annual updates, beginning December 31, 2015, and ending December 31, 2021, as required under RCW 43.01.036, as to the progress made in completing state and federal geographic response plans as needed in contingency plans required under RCW 90.56.060, 90.56.210, and 88.46.060.
     (2) The department must contract, if practicable, with eligible independent third parties to ensure completion by December 1, 2016, of at least fifty percent of the geographic response plans as needed in contingency plans required under RCW 90.56.210 and 88.46.060 for the state.

NEW SECTION.  Sec. 6   A new section is added to chapter 90.56 RCW to read as follows:
     (1) The owner or operator for each facility other than a transmission pipeline shall submit to the department data and information on the volume and type of crude oil that arrived at and departed from the facility each month, including the place of origin of the crude oil, the mode of arrival and departure at the facility including, but not limited to, arrival by vessel, rail, or pipeline.
     (2)(a) Any person required to present information to the department pursuant to subsection (1) of this section may request that specific information be held in confidence. Information requested to be held in confidence is presumed to be confidential.
     (b) Information presented to the department pursuant to subsection (1) of this section must be held in confidence by the department or aggregated to the extent necessary to ensure confidentiality if public disclosure of the specific information or data would result in an unfair competitive disadvantage to the person supplying the information.
     (c)(i) Whenever the department receives a request to publicly disclose unaggregated information or otherwise proposes to publicly disclose information submitted pursuant to subsection (1) of this section, notice of the request or proposal must be provided to the person submitting the information. The notice must indicate the form in which the information is to be released. Upon receipt of notice, the person submitting the information has ten working days in which to respond to the notice to justify the claim of confidentiality on each specific item of information covered by the notice on the basis that public disclosure of the specific information would result in an unfair competitive disadvantage to the person supplying the information.
     (ii) The department shall consider the respondent's submittal in determining whether to publicly disclose the information submitted to it to which a claim of confidentiality is made. The department shall issue a written decision that sets forth its reasons for making the determination whether each item of information for which a claim of confidentiality is made remains confidential or must be publicly disclosed.
     (iii) The department shall not publicly disclose information submitted to it pursuant to subsection (1) of this section within ten working days after the department has issued its written decision required in (c)(ii) of this subsection.
     (iv) No information submitted to the department pursuant to subsection (1) of this section may be deemed confidential if the person submitting the information or data has made it public.
     (v) With respect to information provided under subsection (1) of this section, neither the department nor any employee of the department may do any of the following:
     (A) Use the information for any purpose other than the statistical purposes for which it is supplied;
     (B) Make any publication whereby the information furnished by any particular establishment or individual can be identified; or
     (C) Permit anyone other than department employees to examine the individual reports provided under subsection (1) of this section.
     (d) Any confidential information pertinent to the responsibilities of the department that is obtained by another state agency must be available to the department and must be treated in a confidential manner.

NEW SECTION.  Sec. 7   The department of ecology and the utilities and transportation commission shall jointly hold a symposium on emergency prevention and response activities for liquid bulk crude oil transported in the Pacific Northwest region. The department of ecology and the utilities and transportation commission must invite state representatives from the Pacific Northwest economic region authorized under chapter 43.147 RCW and representatives from interested tribes and local governments. The symposium must include representatives from neighboring states, territories, and countries. The symposium must at a minimum address:
     (1) Cooperative emergency prevention and response activities between the shared international and state borders;
     (2) Expected risks posed by increased transport of Canadian crude oil or liquid bulk crude oil throughout the Pacific Northwest region within the next three to five years;
     (3) Changes in methods for transporting liquid bulk crude oil and associated risks;
     (4) Identification of responsible agencies and corresponding activities that can be taken to address expected risks; and
     (5) Consideration of new or emerging technologies to make transport safer.

NEW SECTION.  Sec. 8   (1) The department of ecology shall provide grants to emergency responders to assist with oil spill response and firefighting equipment and resources needed to meet the requirements of this act.
     (2) The department of ecology, in consultation with emergency first responders, representatives from the oil and rail industries, and businesses that are recipients of liquid bulk crude oil shall review grant applications.
     (a) The application review must include evaluation of equipment and resource requests, funding requirements, and coordination with existing equipment and resources in the area.
     (b) Funding must be prioritized for applicants from areas where liquid bulk crude oil is transferred from one mode of transportation to another.
     (c) Grants must be coordinated to maximize currently existing equipment and resources that have been put in place by first responders and industry.

NEW SECTION.  Sec. 9   This act may be known and cited as the spill prevention and response act."