1510-S.E

AN ACT Relating to the restructuring of oil spill prevention and response programs; amending RCW 43.21A.020, 43.21I.005, 43.21I.010, 43.21I.030, 43.21I.040, 82.23B.020, 88.46.922, 88.46.925, and 90.56.100; amending 1991 c 200 s 1120 (uncodified); amending 1993 c 281 s 73 (uncodified); adding new sections to chapter 43.21A RCW; adding a new section to chapter 90.56 RCW; creating new sections; recodifying RCW 43.21I.005, 43.21I.010, 43.21I.030, and 43.21I.040; repealing RCW 43.21I.020, 88.46.920, and 88.46.923.

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

Sec. 1. RCW 43.21A.020 and 1970 ex.s. c 62 s 2 are each amended to read as follows:

In recognition of the responsibility of state government to carry out the policies set forth in RCW 43.21A.010, it is the purpose of this chapter to establish a single state agency with the authority to manage and develop our air and water resources in an orderly, efficient, and effective manner and to carry out a coordinated program of pollution control involving these and related land resources. To this end a department of ecology is created by this chapter to undertake, in an integrated manner, the various water regulation, management, planning and development programs now authorized to be performed by the department of water resources and the water pollution control commission, the air regulation and management program now performed by the state air pollution control board, the solid waste regulation and management program authorized to be performed by state government as provided by chapter 70.95 RCW, the oil spill prevention function now authorized to be performed by the office of marine safety, and such other environmental, management protection and development programs as may be authorized by the legislature.

Sec. 2. RCW 43.21I.005 and 1991 c 200 s 401 are each amended to read as follows:

((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.)) (1) The legislature finds that the long-term environmental health of the state's waters depends upon the strength and vitality of its oil spill prevention and response program. It is the intent of this act to create an integrated oil spill prevention and response program that fosters planning, coordination, and incidence command. To that end, the merger of the office of marine safety with the department of ecology will: 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 incidence command to meet challenges threatening marine safety and the environment; and increase accountability owed to the public, the executive branch, and the legislature.

(2) It is 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.

Sec. 3. 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 shall be vested with all powers and duties transferred to it and such other powers and duties as may be authorized by law. The main administrative office of the office shall be located in the city of Olympia. The administrator may establish administrative facilities in other locations,)) within the department of ecology an integrated oil spill prevention and response program. The department shall establish a division for the purpose of housing the integrated oil spill prevention and response program. The division shall establish its focus and independence from the department's other authorized divisions and services. The director may establish administrative facilities in various locations within the state of Washington, if deemed necessary for the efficient operation of the office, and if consistent with the principles set forth in subsection (2) of this section.

(2) The ((~~office of marine safety~~)) department shall ((~~be organized~~)) organize the oil spill prevention and response division consistent with the goals of providing the state ((~~government~~)) with a focus in marine transportation and serving the people of this state. ((~~The legislature recognizes that the administrator needs sufficient organizational flexibility to carry out the office'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~~)) department;

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

(3) The ((~~office~~)) department 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;

(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 as the administrator~~)) whatever organizational framework the director deems necessary to achieve the goals and objectives of this section so long as it is consistent with RCW 43.21I.005 through 43.21I.040 (as recodified by this act) and chapter 88.46 RCW. The ((~~administrator~~)) director shall have complete charge of and supervisory powers over the ((~~office~~)) division, 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~~)) an assistant director to carry out the duties of providing an oil spill prevention and response program consistent with RCW 43.21I.005 through 43.21I.040 (as recodified by this act) and chapter 88.46 RCW. In addition to exemptions set forth in RCW 41.06.070((~~(28)~~)) (3), the ((~~administrator, the administrator's confidential secretary, and up to four professional staff members~~)) director shall be exempt from the provisions of chapter 41.06 RCW. All other employees of the ((~~office~~)) division shall be subject to the provisions of chapter 41.06 RCW.

Sec. 4. 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, in the administration of the oil spill prevention and response division, 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~~)) department's oil spill prevention and response division 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~~)) department's oil spill prevention and response division to employees of the ((~~office~~)) department as the ((~~administrator~~)) director deems necessary to carry out the provisions of RCW 43.21I.005 through 43.21I.040 (as recodified by this ((~~chapter~~)) act) and chapter 88.46 RCW;

(5) Enter into contracts on behalf of the ((~~office~~)) department's oil spill prevention and response division to carry out the purposes of RCW 43.21.005 through 43.21I.040 (as recodified by this ((~~chapter~~)) act) 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 RCW 43.21I.005 through 43.21I.040 (as recodified by this ((~~chapter~~)) act) and chapter 88.46 RCW; or

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

Sec. 5. 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. 6. RCW 82.23B.020 and 1992 c 73 s 7 are each amended to read as follows:

(1) An oil spill response tax is imposed on the privilege of receiving crude oil or petroleum products at a marine terminal within this state from a waterborne vessel or barge operating on the navigable waters of this state. The tax imposed in this section is levied upon the owner of the crude oil or petroleum products immediately after receipt of the same into the storage tanks of a marine terminal from a waterborne vessel or barge at the rate of two cents per barrel of crude oil or petroleum product received.

(2) In addition to the tax imposed in subsection (1) of this section, an oil spill administration tax is imposed on the privilege of receiving crude oil or petroleum products at a marine terminal within this state from a waterborne vessel or barge operating on the navigable waters of this state. The tax imposed in this section is levied upon the owner of the crude oil or petroleum products immediately after receipt of the same into the storage tanks of a marine terminal from a waterborne vessel or barge at the rate of three cents per barrel of crude oil or petroleum product.

(3) The taxes imposed by this chapter shall be collected by the marine terminal operator from the taxpayer. If any person charged with collecting the taxes fails to bill the taxpayer for the taxes, or in the alternative has not notified the taxpayer in writing of the imposition of the taxes, or having collected the taxes, fails to pay them to the department in the manner prescribed by this chapter, whether such failure is the result of the person's own acts or the result of acts or conditions beyond the person's control, he or she shall, nevertheless, be personally liable to the state for the amount of the taxes. Payment of the taxes by the owner to a marine terminal operator shall relieve the owner from further liability for the taxes.

(4) Taxes collected under this chapter shall be held in trust until paid to the department. Any person collecting the taxes who appropriates or converts the taxes collected shall be guilty of a gross misdemeanor if the money required to be collected is not available for payment on the date payment is due. The taxes required by this chapter to be collected shall be stated separately from other charges made by the marine terminal operator in any invoice or other statement of account provided to the taxpayer.

(5) If a taxpayer fails to pay the taxes imposed by this chapter to the person charged with collection of the taxes and the person charged with collection fails to pay the taxes to the department, the department may, in its discretion, proceed directly against the taxpayer for collection of the taxes.

(6) The taxes shall be due from the marine terminal operator, along with reports and returns on forms prescribed by the department, within twenty-five days after the end of the month in which the taxable activity occurs.

(7) The amount of taxes, until paid by the taxpayer to the marine terminal operator or to the department, shall constitute a debt from the taxpayer to the marine terminal operator. Any person required to collect the taxes under this chapter who, with intent to violate the provisions of this chapter, fails or refuses to do so as required and any taxpayer who refuses to pay any taxes due under this chapter, shall be guilty of a misdemeanor as provided in chapter 9A.20 RCW.

(8) Upon prior approval of the department, the taxpayer may pay the taxes imposed by this chapter directly to the department. The department shall give its approval for direct payment under this section whenever it appears, in the department's judgment, that direct payment will enhance the administration of the taxes imposed under this chapter. The department shall provide by rule for the issuance of a direct payment certificate to any taxpayer qualifying for direct payment of the taxes. Good faith acceptance of a direct payment certificate by a terminal operator shall relieve the marine terminal operator from any liability for the collection or payment of the taxes imposed under this chapter.

(9) All receipts from the tax imposed in subsection (1) of this section shall be deposited into the state oil spill response account. All receipts from the tax imposed in subsection (2) of this section shall be deposited into the ((~~state~~)) oil spill administration account.

(10) Within forty-five days after the end of each calendar quarter, the office of financial management shall determine the balance of the oil spill response account as of the last day of that calendar quarter. Balance determinations by the office of financial management under this section are final and shall not be used to challenge the validity of any tax imposed under this chapter. The office of financial management shall promptly notify the departments of revenue and ecology of the account balance once a determination is made. For each subsequent calendar quarter, the tax imposed by subsection (1) of this section shall be imposed during the entire calendar quarter unless:

(a) Tax was imposed under subsection (1) of this section during the immediately preceding calendar quarter, and the most recent quarterly balance is more than twenty-five million dollars; or

(b) Tax was not imposed under subsection (1) of this section during the immediately preceding calendar quarter, and the most recent quarterly balance is more than fifteen million dollars.

(11) ((The office of marine safety, the department of revenue, and the department of trade and economic development shall study tax credits for taxpayers employing vessels with the best achievable technology and the best available protection to reduce the risk of oil spills to the navigable waters of the state and submit the study to the appropriate standing committees of the legislature by December 1, 1992)) By December 1, 1995, the legislative transportation committee shall evaluate the appropriateness of the cap amounts specified in subsection (10) of this section.

NEW SECTION. Sec. 7. (1) The office of financial management, in cooperation with the director of the department of ecology and the administrator of the office of marine safety shall, by September 1, 1995, submit a plan to the governor for the consolidation and smooth transition of the office of marine safety with the department of ecology so that the integrated oil spill prevention and response program will operate as a single entity by January 1, 1996. The plan shall include, but is not limited to:

(a) Combining the existing functions and responsibilities of the two agencies into an integrated oil spill prevention and response operation within the department of ecology; and

(b) Benchmarks by which to measure progress and to evaluate the performance and effectiveness of an integrated oil spill prevention and response program.

(2) In developing the plan, the office of financial management may consult with experts and organizations, both public and private, as deemed appropriate to meet the objectives of this section.

Sec. 8. RCW 88.46.922 and 1991 c 200 s 431 are each amended to read as follows:

All reports, documents, surveys, books, records, files, papers, or written material in the possession of the office of marine safety shall be delivered to the custody of the department of ecology. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the office of marine safety shall be made available to the department of ecology. All funds, credits, or other assets held by the office of marine safety shall be assigned to the department of ecology.

Any appropriations made to the office of marine safety shall, on ((~~July 1, 1997~~)) January 1, 1996, be transferred and credited to the department of ecology.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

Sec. 9. RCW 88.46.925 and 1991 c 200 s 434 are each amended to read as follows:

The transfer of the powers, duties, and functions((~~, and personnel~~)) of the office of marine safety shall not affect the validity of any act performed prior to ((~~July 1, 1997~~)) January 1, 1996.

NEW SECTION. Sec. 10. A new section is added to chapter 90.56 RCW to read as follows:

No moneys may be spent by the department from the oil spill administration account, as established in RCW 90.56.510, nor the oil spill response account, as established in RCW 90.56.500, for any purpose other than carrying out the purposes, programs, and services of oil spill prevention and response consistent with RCW 43.21I.005 through 43.21I.040 (as recodified by this act) and chapter 88.46 RCW.

Sec. 11. RCW 90.56.100 and 1994 c 264 s 94 are each amended to read as follows:

(1) The Washington wildlife rescue coalition shall ((~~be established for the purpose of coordinating~~)) coordinate the rescue and rehabilitation of wildlife injured or endangered by oil spills or the release of other hazardous substances into the environment.

(2) The Washington wildlife rescue coalition shall be composed of:

(a) A representative of the department of fish and wildlife designated by the director of fish and wildlife. The department of fish and wildlife shall be designated as lead agency in the operations of the coalition. The coalition shall be chaired by the representative from the department of fish and wildlife;

(b) A representative of the department of ecology designated by the director;

(c) A representative of the department of community, trade, and economic development emergency management program designated by the director of community, trade, and economic development;

(d) A representative of the state military department designated by the adjutant general;

(e) A licensed veterinarian, with experience and training in wildlife rehabilitation, appointed by the veterinary board of governors;

((~~(e)~~)) (f) The director of the Washington conservation corps;

((~~(f)~~)) (g) A lay person, with training and experience in the rescue and rehabilitation of wildlife appointed by the department; and

((~~(g)~~)) (h) A person designated by the legislative authority of the county where oil spills or spills of other hazardous substances may occur. This member of the coalition shall serve on the coalition until wildlife rescue and rehabilitation is completed in that county. The completion of any rescue or rehabilitation project shall be determined by the director of fish and wildlife.

(3) The duties of the Washington wildlife rescue coalition shall be to:

(a) Develop an emergency mobilization plan to rescue and rehabilitate waterfowl and other wildlife that are injured or endangered by an oil spill or the release of other hazardous substances into the environment;

(b) Develop and maintain a resource directory of persons, governmental agencies, and private organizations that may provide assistance in an emergency rescue effort;

(c) Provide advance training and instruction to volunteers and state military department personnel in rescuing and rehabilitating waterfowl and wildlife injured or endangered by oil spills or the release of other hazardous substances into the environment. The training may be provided through grants to community colleges or to groups that conduct programs for training volunteers. The coalition representatives from the agencies described in subsection (2) of this section shall coordinate training efforts with the director of the Washington conservation corps and work to provide training opportunities for young citizens;

(d) Obtain and maintain equipment and supplies used in emergency rescue efforts((;

(e) Report to the appropriate standing committees of the legislature on the progress of the coalition's efforts and detail future funding options necessary for the implementation of this section and RCW 90.56.110. The coalition shall report by January 30, 1991)).

(4)(a) Expenses for the coalition may be provided by the coastal protection fund administered according to RCW 90.48.400.

(b) The coalition is encouraged to seek grants, gifts, or donations from private sources in order to carry out the provisions of this section and RCW 90.56.110. Any private funds donated to the commission shall be deposited into the wildlife rescue account hereby created within the wildlife fund as authorized under Title 77 RCW.

NEW SECTION. Sec. 12. The department of fish and wildlife and the state military department shall enter into an agreement to carry out the intent of RCW 90.56.100. This agreement shall specify the procedures for activation, training, and response of state military department personnel in oiled wildlife rescue and rehabilitation.

Sec. 13. 1991 c 200 s 1120 (uncodified) is amended to read as follows:

Sections 430 through 436 ((~~of this act~~)), chapter 200, Laws of 1991 shall take effect ((~~July 1, 1997~~)) January 1, 1996.

Sec. 14. 1993 c 281 s 73 (uncodified) is amended to read as follows:

Section 67 ((~~of this act~~)), chapter 281, Laws of 1993 shall take effect ((~~July 1, 1997~~)) January 1, 1996.

NEW SECTION. Sec. 15. RCW 43.21I.005, 43.21I.010, 43.21I.030, and 43.21I.040, as amended in this act, are each recodified as new sections in chapter 43.21A RCW.

NEW SECTION. Sec. 16. The following acts or parts of acts are each repealed:

(1) RCW 43.21I.020 and 1992 c 73 s 5 & 1991 c 200 s 403;

(2) RCW 88.46.920 and 1991 c 200 s 429; and

(3) RCW 88.46.923 and 1991 c 200 s 432.