Z-0248.2  _______________________________________________

                         SENATE BILL 5272

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Spanel, Swecker, Fraser, C. Anderson, McAuliffe and Winsley; by request of Office of Marine Safety

Read first time 01/18/95.  Referred to Committee on Ecology & Parks.

Providing regulatory reform to reduce the risk of oil spills.

    AN ACT Relating to regulatory reform using incentives for vessel owners and operators to reduce the risk of oil spills; adding a new section to chapter 88.46 RCW; and adding a new section to chapter 88.40 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 88.46 RCW to read as follows:

    (1) An owner or operator of a covered vessel may petition the office in writing for a waiver of a specific provision of this chapter, or implementing rules relating to vessel inspection, plan compliance, or vessel operation if the owner or operator has implemented a practice or employed a technology that:

    (a) Meets or exceeds the intent of the statutory provision or the standard established by administrative rule for which a waiver is requested;

    (b) Increases the safety of marine transportation in the navigable waters of the state; and

    (c) The owner or operator can demonstrate continued use of the practice or technology.

    (2) A written petition under subsection (1) of this section must be submitted to the office and must set forth the specific statute or rule for which the waiver is sought, the basis for the waiver, and a description of how the waiver meets the criteria established in subsection (1) of this section.

    (3) The office shall respond in writing to a petition submitted under subsection (2) of this section within thirty days of receipt.  In this response, the office shall acknowledge receipt of the petition and establish a schedule for granting or denying the petition.  At any time, the office may request supporting information and documentation.  The office may:

    (a) Grant the petition for a waiver in whole or in part; or

    (b) Deny the petition.

    (4) The office shall clearly set forth the basis for granting or denying the petition and its findings on the criteria established in subsection (1) of this section.  If the office grants a petition in whole or in part, the office shall publish its decision in the state register and make it available to the public on request.

    (5) Denial under this section is not a final appealable decision under chapter 34.05 RCW unless:

    (a) The petition for a waiver was based on a previously granted waiver of the same statutory provision or administrative rule; and

    (b) The procedure, practice, or technology is substantially equivalent to the procedure, practice, or technology for which the previously granted waiver was granted.

    (6) Waivers granted under this section are effective for one year from the date granted.  Waivers may be renewed upon reapplication.

NEW SECTION. Sec. 2.  A new section is added to chapter 88.40 RCW to read as follows:

    The provisions of this chapter relating to financial responsibility for covered vessels may be waived by the office under the criteria and procedures set forth in section 1 of this act.

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