AN ACT Relating to the
maritime commission; amending RCW 88.46.060; creating new sections; repealing
RCW 88.44.155 and 88.44.215; providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. (1) The legislature finds
that there is a need to continue to provide oil spill response and contingency
plan coverage for vessels that do not have their own contingency plans that
transit the waters of this state. A nonprofit corporation shall be established
for the sole purpose of providing oil spill response and contingency plan
coverage in compliance with RCW 88.46.060.
(2) The maritime
commission may conduct activities and make expenditures necessary for the
transition of services presently provided by the commission and its contractors
to the nonprofit corporation established pursuant to this section.
(3) Once the nonprofit
corporation is established and the transfers under section 2 of this act are
completed, the maritime commission may cease operation.
NEW SECTION. Sec.
2. All reports, documents,
surveys, books, records, files, papers, written materials, tangible property,
and assets, including contracts and assessment moneys held by the maritime
commission shall be transferred to the nonprofit corporation created under
section 1 of this act. Funds transferred under this section shall be used for
the sole purpose of providing oil spill response and contingency plan coverage
and related activities in compliance with RCW 88.46.060. No funds may be
transferred under this section until all liabilities of the maritime commission
have been provided for or satisfied. All liabilities not provided for or
satisfied by the maritime commission before cessation of its operations shall
be transferred to the nonprofit corporation at the time the maritime
commission's assets are transferred to the corporation.
Sec. 3. RCW 88.46.060 and 1992 c
73 s 20 are each amended to read as follows:
(1) Each covered vessel
shall have a contingency plan for the containment and cleanup of oil spills
from the covered vessel into the waters of the state and for the protection of
fisheries and wildlife, natural resources, and public and private property from
such spills. The office shall by rule adopt and periodically revise standards
for the preparation of contingency plans. The office shall require contingency
plans, at a minimum, to meet the following standards:
(a) Include full
details of the method of response to spills of various sizes from any vessel
which is covered by the plan;
(b) Be designed to be
capable in terms of personnel, materials, and equipment, of promptly and
properly, to the maximum extent practicable, as defined by the office, removing
oil and minimizing any damage to the environment resulting from a worst case
spill;
(c) Provide a clear,
precise, and detailed description of how the plan relates to and is integrated
into relevant contingency plans which have been prepared by cooperatives,
ports, regional entities, the state, and the federal government;
(d) Provide procedures
for early detection of spills and timely notification of such spills to
appropriate federal, state, and local authorities under applicable state and
federal law;
(e) State the number,
training preparedness, and fitness of all dedicated, prepositioned personnel
assigned to direct and implement the plan;
(f) Incorporate
periodic training and drill programs to evaluate whether personnel and
equipment provided under the plan are in a state of operational readiness at
all times;
(g) Describe important
features of the surrounding environment, including fish and wildlife habitat,
environmentally and archaeologically sensitive areas, and public facilities.
The departments of ecology, ((fisheries,)) fish and wildlife, and
natural resources, and the office of archaeology and historic preservation,
upon request, shall provide information that they have available to assist in
preparing this description. If the office has adopted rules for contingency
plans prior to July 1, 1992, the description of archaeologically sensitive
areas shall only be required when the office revises the rules for contingency
plans after July 1, 1992. The description of archaeologically sensitive areas
shall not be required to be included in a contingency plan until it is reviewed
and updated pursuant to subsection (9) of this section;
(h) State the means of
protecting and mitigating effects on the environment, including fish, marine
mammals, and other wildlife, and ensure that implementation of the plan does
not pose unacceptable risks to the public or the environment;
(i) Establish
guidelines for the use of equipment by the crew of a vessel to minimize vessel
damage, stop or reduce any spilling from the vessel, and, only when appropriate
and only when vessel safety is assured, contain and clean up the spilled oil;
(j) Provide
arrangements for the prepositioning of spill containment and cleanup equipment
and trained personnel at strategic locations from which they can be deployed to
the spill site to promptly and properly remove the spilled oil;
(k) Provide
arrangements for enlisting the use of qualified and trained cleanup personnel
to implement the plan;
(l) Provide for
disposal of recovered spilled oil in accordance with local, state, and federal
laws;
(m) Until a spill
prevention plan has been submitted pursuant to RCW 88.46.040, state the
measures that have been taken to reduce the likelihood that a spill will occur,
including but not limited to, design and operation of a vessel, training of
personnel, number of personnel, and backup systems designed to prevent a spill;
(n) State the amount
and type of equipment available to respond to a spill, where the equipment is
located, and the extent to which other contingency plans rely on the same
equipment; and
(o) If the department
of ecology has adopted rules permitting the use of dispersants, the
circumstances, if any, and the manner for the application of the dispersants in
conformance with the department's rules.
(2)(a) The owner or
operator of a tank vessel of three thousand gross tons or more shall submit a
contingency plan to the office within six months after the office adopts rules
establishing standards for contingency plans under subsection (1) of this
section.
(b) Contingency plans
for all other covered vessels shall be submitted to the office within eighteen
months after the office has adopted rules under subsection (1) of this
section. The office may adopt a schedule for submission of plans within the
eighteen-month period.
(3)(a) The owner or
operator of a tank vessel or of the facilities at which the vessel will be
unloading its cargo, or ((the Washington state maritime commission under RCW
88.44.020)) a Washington state nonprofit corporation established for the
purpose of oil spill response and contingency plan coverage and of which the
owner or operator is a member, shall submit the contingency plan for the
tank vessel. Subject to conditions imposed by the office, the owner or
operator of a facility may submit a single contingency plan for tank vessels of
a particular class that will be unloading cargo at the facility.
(b) The contingency
plan for a cargo vessel or passenger vessel may be submitted by the owner or
operator of the cargo vessel or passenger vessel, by the agent for the vessel
resident in this state, or by ((the Washington state maritime commission
pursuant to RCW 88.44.020)) a Washington state nonprofit corporation
established for the purpose of oil spill response and contingency plan coverage
and of which the owner or operator is a member. Subject to conditions
imposed by the office, the owner, operator, or agent may submit a single
contingency plan for cargo vessels or passenger vessels of a particular class.
(c) A person who has
contracted with a covered vessel to provide containment and cleanup services
and who meets the standards established pursuant to RCW 90.56.240, may submit
the plan for any covered vessel for which the person is contractually obligated
to provide services. Subject to conditions imposed by the office, the person
may submit a single plan for more than one covered vessel.
(4) A contingency plan
prepared for an agency of the federal government or another state that
satisfies the requirements of this section and rules adopted by the office may
be accepted by the office as a contingency plan under this section. The office
shall assure that to the greatest extent possible, requirements for contingency
plans under this section are consistent with the requirements for contingency
plans under federal law.
(5) In reviewing the
contingency plans required by this section, the office shall consider at least
the following factors:
(a) The adequacy of
containment and cleanup equipment, personnel, communications equipment,
notification procedures and call down lists, response time, and logistical
arrangements for coordination and implementation of response efforts to remove
oil spills promptly and properly and to protect the environment;
(b) The nature and
amount of vessel traffic within the area covered by the plan;
(c) The volume and type
of oil being transported within the area covered by the plan;
(d) The existence of
navigational hazards within the area covered by the plan;
(e) The history and
circumstances surrounding prior spills of oil within the area covered by the
plan;
(f) The sensitivity of
fisheries and wildlife and other natural resources within the area covered by
the plan;
(g) Relevant
information on previous spills contained in on-scene coordinator reports
prepared by the director; and
(h) The extent to which
reasonable, cost-effective measures to prevent a likelihood that a spill will
occur have been incorporated into the plan.
(6) The office shall
approve a contingency plan only if it determines that the plan meets the
requirements of this section and that, if implemented, the plan is capable, in
terms of personnel, materials, and equipment, of removing oil promptly and
properly and minimizing any damage to the environment.
(7) The approval of the
contingency plan shall be valid for five years. Upon approval of a contingency
plan, the office shall provide to the person submitting the plan a statement
indicating that the plan has been approved, the vessels covered by the plan,
and other information the office determines should be included.
(8) An owner or
operator of a covered vessel shall notify the office in writing immediately of
any significant change of which it is aware affecting its contingency plan,
including changes in any factor set forth in this section or in rules adopted by
the office. The office may require the owner or operator to update a
contingency plan as a result of these changes.
(9) The office by rule
shall require contingency plans to be reviewed, updated, if necessary, and
resubmitted to the office at least once every five years.
(10) Approval of a
contingency plan by the office does not constitute an express assurance
regarding the adequacy of the plan nor constitute a defense to liability
imposed under this chapter or other state law.
NEW SECTION. Sec.
4. The following acts or
parts of acts are each repealed:
(1) RCW 88.44.155 and 1994 c
52 s 4; and
(2) RCW 88.44.215 and 1994 c
52 s 3.
NEW SECTION. Sec.
5. Section 4 of this act is
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and shall take effect July 1, 1995.
NEW
SECTION. Sec. 6. Sections 1 through 3 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
