5057-S2 AMS HARG XXXX 004
2SSB 5057 - S AMD TO S AMD (S-2278.4) 208
By Senators Hargrove, Hatfield
NOT ADOPTED 03/09/2015
On page 16, after line 16 of the amendment, insert the following:
"Sec. 11. RCW 88.16.170 and 1991 c 200 s 601 are each amended to read as follows:
(1)(a) Because of the danger of spills, the legislature finds that the transportation of crude oil and refined petroleum products by tankers on the Columbia river, Grays Harbor, and on Puget Sound and adjacent waters creates a great potential hazard to important natural resources of the state and to jobs and incomes dependent on these resources.
(b) The
legislature recognizes that the Columbia river has many natural obstacles to
navigation and shifting navigation channels that create the risk of an oil
spill. The legislature also recognizes that Grays Harbor and Puget Sound
and adjacent waters are ((a)) relatively confined salt water environments
with irregular shorelines and therefore there is a greater than usual
likelihood of long-term damage from any large oil spill.
(c) The legislature further recognizes that certain areas of the Columbia river, Grays Harbor, and Puget Sound and adjacent waters have limited space for maneuvering a large oil tanker and that these waters contain many natural navigational obstacles as well as a high density of commercial and pleasure boat traffic.
(d) For
these reasons, it is important that large oil tankers be piloted by highly
skilled persons who are familiar with local waters and that such ((tankers))
vessels have sufficient capability for rapid maneuvering responses.
(e) It is
therefore the intent and purpose of this section and RCW 88.16.180 and
88.16.190 to decrease the likelihood of oil spills on the Columbia river,
Grays Harbor, and on Puget Sound and its shorelines by ((requiring all
oil tankers above a certain size to employ licensed pilots and to be escorted
by a tug or tugs while navigating on certain areas of Puget Sound and adjacent
waters)) establishing safety requirements that comprehensively address
spill risks, which may include the establishment of tug escorts and other
measures to mitigate safety risks in certain state waters.
(2) The department of ecology may adopt rules to implement this section. These rules may include tug escort requirements and other safety measures for oil tankers of greater than forty thousand deadweight tons, all articulated, tug barges, and other towed waterborne vessels or barges that may apply in the following areas:
(a) Within a two-mile radius of the Grays Harbor pilotage district as defined in RCW 88.16.050; or
(b) Any inland portion of the Columbia river or within three miles of Cape Disappointment at the mouth of the Columbia river.
(3) Prior to proposing draft rules, the department of ecology shall consult with the Washington board of pilotage commissioners, United States coast guard, the Oregon board of maritime pilots, the Grays Harbor and Columbia river harbor safety committees, area tribes, public ports in Oregon and Washington, local governments, and other appropriate entities. The department of ecology may not adopt rules under this section until a vessel traffic risk assessment has been completed for the waters subject to rule making. In order to adopt a rule under this section, the department of ecology must determine that the results of a vessel traffic risk assessment provides evidence that the rules are necessary in order to achieve best achievable protection as defined in RCW 88.46.010.
(4) Rules adopted under this section must:
(i) Be designed to achieve best achievable protection as defined in RCW 88.46.010;
(ii) To ensure that any escort tugs used have an aggregate shaft horsepower equivalent to at least five percent of the deadweight tons of the escorted oil tanker or articulated tug barge;
and
(iii) Ensure that escort tugs have sufficient mechanical capabilities to provide for safe escort.
(5) The provisions of this section do not apply to pilotage for enrolled tankers."
Renumber the remaining sections consecutively and correct any internal references accordingly.
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EFFECT: Authorizes the department of ecology to adopt safety standards for vessels and barges carrying oil as cargo in Grays Harbor and Columbia river. The rules must be based upon vessel traffic risk assessments. 2SSB 5057 - S AMD TO S AMD (S-2278.4/15) By Senator Hargrove
On page 24, line 32 of the title amendment, after "90.56.010," insert "88.16.170," \
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