CERTIFICATION OF ENROLLMENT

                   SUBSTITUTE HOUSE BILL 1454

                    Chapter 83, Laws of 1991

                        52nd Legislature

                      1991 Regular Session

UNDERGROUND STORAGE TANKS‑-LIMITS ON PREEMPTION OF UNIFORM FIRE CODE

                    EFFECTIVE DATE:  7/28/91

Passed by the House March 14, 1991

  Yeas 96   Nays 0

              JOE KING             

Speaker of the

       House of Representatives

Passed by the Senate April 15, 1991

  Yeas 47   Nays 1

           JOEL PRITCHARD          

President of the Senate

Approved May 9, 1991

           BOOTH GARDNER           

Governor of the State of Washington

CERTIFICATE

I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1454 as passed by the House of Representatives and the Senate on the dates hereon set forth.

            ALAN THOMPSON             Chief Clerk

                                     FILED         

                  May 9, 1991 - 11:14 a.m.

                        Secretary of State   

                       State of Washington  

                  _______________________________________________

                            SUBSTITUTE HOUSE BILL 1454

                  _______________________________________________

                     Passed Legislature - 1991 Regular Session

State of Washington              52nd Legislature             1991 Regular Session

By House Committee on Environmental Affairs (originally sponsored by Representatives Rust, Horn, Betrozoff and Nealey; by request of Department of Ecology).

Read first time March 5, 1991.Pertaining to the applicability of the uniform fire code to underground storage tank laws.

     AN ACT Relating to underground storage tank law preemption; and amending RCW 90.76.110.

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

     Sec. 1.  RCW 90.76.110 and 1989 c 346 s 12 are each amended to read as follows:

     (1) Except as provided in RCW 90.76.040 and subsections (2), (3), ((and)) (4), and (5) of this section, the rules adopted under this chapter supersede and preempt any state or local underground storage tank law, ordinance, or resolution governing any aspect of regulation covered by the rules adopted under this chapter.

     (2) Provisions of the uniform fire code adopted under chapter 19.27 RCW, which are not more stringent than, and do not directly conflict with, rules adopted under this chapter are not superseded or preempted.

(3) Local laws, ordinances, and resolutions pertaining to local authority to take immediate action in response to a release of a regulated substance are not superseded or preempted.

     (((3))) (4) City, town, or county underground storage tank ordinances that are more stringent than the federal regulations and the uniform codes adopted under chapter 19.27 RCW and that are in effect on November 1, 1988, are not superseded or preempted.  A city, town, or county with an ordinance that meets these criteria shall notify the department of the existence of that ordinance by July 1, 1989.

     (((4))) (5) Local laws, ordinances, and resolutions pertaining to permits and fees for the use of underground storage tanks in street right of ways that were in existence prior to July 1, 1990,  are not superseded or preempted.

     Passed the House March 14, 1991.

     Passed the Senate April 15, 1991.

Approved by the Governor May 9, 1991.

     Filed in Office of Secretary of State May 9, 1991.