BILL REQ. #:  S-4079.1 

Read first time 01/31/14.   Referred to Committee on Energy, Environment & Telecommunications.

     AN ACT Relating to the safety of the transport of hazardous materials; amending RCW 90.56.250; adding a new section to chapter 90.56 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 36.01 RCW; creating new sections; and making an appropriation.

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

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) Hazardous material 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 hazardous materials change and as the volume of hazardous materials 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 hazardous materials spills is the 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, federal railroad administration, and industry experts, shall conduct a study on the safety of transporting oil and hazardous materials over land. 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 oil and hazardous materials 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 for prevention and response to oil and hazardous materials spills;
     (iii) The identification of weaknesses or gaps in federal, state, and local oil and hazardous materials spill prevention and response; and
     (iv) Federal regulations governing: (A) Oil and hazardous materials spill prevention; and (B) response for terrestrial transporters of oil and hazardous materials.
     (b) A survey of:
     (i) Local government funding for emergency oil and hazardous materials spill prevention and response programs;
     (ii) Sources of funding, entities assessed, or contributions required by participants of emergency oil and hazardous materials spill prevention and response programs; and
     (iii) Regional or countywide cooperative agreements implementing oil and hazardous materials 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 oil and hazardous materials spill prevention and response programs;
     (ii) Participants that should be included in an emergency oil and hazardous materials spill prevention and response program and the amount these participants should be assessed;
     (iii) Appropriate use of funds such as: Oil and hazardous materials spill response, equipment, training, or other benefits to those who are assessed;
     (iv) Cooperative regional or countywide agreements to meet emergency oil and hazardous materials 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 hazardous materials spills, including:
     (A) Sharing resources or mutual aide for terrestrial and on-water oil and hazardous materials spill emergencies; and
     (B) Communication to ensure a common understanding of the potential threat from oil or hazardous materials spills.
     (2) The department of ecology must deliver the final report regarding the safety of the transport of hazardous materials to the relevant policy and fiscal committees of the senate and house of representatives by December 31, 2014.

NEW SECTION.  Sec. 3   The department of ecology shall conduct a study on the safety of transporting oil and hazardous materials through waters of the state.
     (1) The study must include:
     (a) A review of:
     (i) The status of water-borne oil spill and hazardous materials spill prevention and preparedness;
     (ii) The capacity of the department of ecology to address increased water-borne traffic;
     (iii) The identification of weaknesses or gaps in state and local government oil and hazardous materials spill prevention and response;
     (iv) Federal regulations governing oil and hazardous materials spill prevention and response in waters of the state; and
     (v) Barge and tug operations within the state related to the movement of hydrocarbons.
     (b) A detailed examination of oil and hazardous materials spill prevention and preparedness in waters of the state. The examination must include:
     (i) The status of oil and hazardous materials spill prevention and preparedness;
     (ii) The adequacy of state and local programs for oil and hazardous materials spill prevention and response;
     (iii) A description of risks and potential areas of concerns where increased prevention and response activities are needed; and
     (iv) A description of oil spill response organizations and related contractors currently available for oil and hazardous materials spill prevention and response activities and their level of readiness.
     (c) A report on those areas of the state where the oil and hazardous spill prevention and response plans and programs are needed but not completed or robust, including but not limited to Grays Harbor and the Columbia river.
     (2) The department of ecology must deliver the final report regarding the transporting of oil and hazardous materials through waters of the state to the relevant policy and fiscal committees of the senate and house of representatives by December 31, 2014.

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 oil or hazardous materials spills; (b) descriptions of how the department is responding to or has addressed public concerns regarding oil and hazardous materials spill prevention and response; and (c) in the event of an oil or hazardous materials spill, provide information and updates regarding all efforts taken to clean up the spill, in consultation with and in agreement with the unified command, if applicable.

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 contingency plans identified in RCW 90.56.210 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 contingency plans identified under RCW 90.56.210.
     (2) The department must contract, if practicable, with eligible independent third parties to ensure completion of fifty percent of the contingency plans identified under RCW 90.56.210 for the state by December 1, 2016.

NEW SECTION.  Sec. 6   (1) To prepare for the spill prevention and response symposium as required under subsection (2) of this section, the senate energy, environment, and telecommunications committee and the house of representatives environment committee shall hold a joint work session. Participants in the work session must include state representatives from the Pacific Northwest economic region authorized under chapter 43.147 RCW, representatives from interested tribes and local government, representatives from neighboring states, territories, and countries, and industry representatives.
     (2) The department of ecology and the utilities and transportation commission shall jointly hold a symposium on emergency prevention and response activities for oil and hazardous materials 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 government. The symposium must include representatives from neighboring states, territories, and countries. The symposium must at a minimum address:
     (a) Cooperative emergency prevention and response activities between the shared international and state borders;
     (b) Expected risks posed by increased transport of Canadian crude oil or hazardous materials throughout the Pacific Northwest region within the next three to five years;
     (c) Changes in methods for transporting oil and hazardous materials and associated risks;
     (d) Identification of responsible agencies and corresponding activities that can be taken to address expected risks; and
     (e) Consideration of new or emerging technologies to make transport safer.

NEW SECTION.  Sec. 7   A new section is added to chapter 35.21 RCW to read as follows:
     Cities and towns located along a major rail line may develop emergency first responder emergency oil and hazardous materials spill prevention and response plans, educational outreach activities, and necessary equipment and resources for emergency oil and hazardous materials spill prevention and response activities. The cities and towns may develop the programs and determine equipment requirements in consultation with representatives from the railroad using the rail line. Oil spill and hazardous materials spill prevention and response plans developed under this section must be consistent with state requirements under chapters 90.56 and 88.46 RCW, and federal requirements under 40 C.F.R. Part 300.

NEW SECTION.  Sec. 8   A new section is added to chapter 36.01 RCW to read as follows:
     The legislative authority of a county containing a major rail line may develop emergency first responder emergency oil and hazardous materials spill prevention and response plans, educational outreach activities, and necessary equipment and resources for emergency oil and hazardous materials spill prevention and response activities. The county legislative authority may develop the programs and determine equipment requirements in consultation with representatives from the railroad using the rail line. Oil spill and hazardous materials spill prevention and response plans developed under this section must be consistent with state requirements under chapters 90.56 and 88.46 RCW, and federal requirements under 40 C.F.R. Part 300.

NEW SECTION.  Sec. 9   (1) The department of ecology shall provide grants to emergency responders to assist with equipment and resources needed to meet the requirements as specified in sections 7 and 8 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 bulk hazardous materials 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 oil or other hazardous materials are transferred from one mode of transportation to another.
     (c) Grants must be coordinated to maximize currently existing equipment and resources that have already been put in place by first responders and industry.

NEW SECTION.  Sec. 10   The sum of ten million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2015, from the environmental legacy stewardship account to the department of ecology to implement this act.

NEW SECTION.  Sec. 11   This act may be known and cited as the spill prevention and response act.