H-1894.1  _______________________________________________

 

                          HOUSE BILL 2005

          _______________________________________________

 

State of Washington      55th Legislature     1997 Regular Session

 

By Representatives Cooper, Grant, Regala, Linville, Kastama, Anderson, Chopp, Blalock, Morris, Poulsen, Constantine, Reams, Dunshee, Butler, Lantz, Cooke, Dickerson, Keiser, Tokuda, Costa and Doumit

 

Read first time 02/18/97.  Referred to Committee on Agriculture & Ecology.

Preserving the independence of the office of marine safety and transferring vessel contingency plan requirement and approval functions from the office of marine safety to the department of ecology.


    AN ACT Relating to the office of marine safety; amending RCW 88.46.030, 88.46.060, 88.46.080, 88.46.090, 82.23B.020, and 90.56.510; adding a new section to chapter 88.46 RCW; adding a new section to chapter 43.21I RCW; creating new sections; repealing RCW 43.21I.020, 88.46.920, 88.46.921, 88.46.922, 88.46.923, 88.46.924, 88.46.925, 88.46.926, and 88.46.927; repealing 1995 2nd sp.s. c 14 s 521 and 1991 c 200 s 1120 (uncodified); repealing 1995 2nd sp.s. c 14 s 522 and 1993 c 281 s 73 (uncodified); repealing 1995 2nd sp.s. c 14 s 524 (uncodified); providing an effective date; and declaring an emergency.

 

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

 

    NEW SECTION.  Sec. 1.  The legislature finds that thousands of northwest businesses are dependent upon clean waters and that Washington's shores and coastlines are of significant value to and belong to the five million citizens of this state.  The legislature finds that in order to protect the needs of Washington businesses and citizens who are dependent upon and enjoy clean waters, the people of this state deserve an agency solely dedicated to the mission of oil spill prevention.  Since the office of marine safety has proven itself a worthy servant for the people of the state of Washington in its efforts to protect state waters, the legislature seeks to reauthorize the office of marine safety's existence as an independent agency.

 

    Sec. 2.  RCW 88.46.030 and 1991 c 200 s 416 are each amended to read as follows:

    (1) All tank vessels entering the navigable waters of the state shall be subject to inspection to assure that they comply with all applicable federal and state standards.

    (2) The office shall periodically review the tank vessel inspection programs conducted by the United States coast guard and other federal agencies to determine if the programs as actually operated by those agencies provide the best achievable protection to the waters of the state.  If the office determines that the tank vessel inspection programs conducted by these agencies are not adequate to protect the state's waters, it shall adopt rules for a state tank vessel inspection program.  ((The office shall adopt rules providing for a random review of individual tank vessel inspections conducted by federal agencies.))  The office may accept a tank vessel inspection report issued by another state if that state's tank vessel inspection program is determined by the office to be at least as protective of the public health and the environment as the program adopted by the office.

    (3) The state tank vessel inspection program shall ensure that all tank vessels entering state waters are inspected at least annually.  ((To the maximum extent feasible, the state program shall consist of the monitoring of existing tank vessel inspection programs conducted by the federal government.))  The office shall consult with the coast guard regarding the tank vessel inspection program.  Any tank vessel inspection conducted pursuant to this section shall be performed during the vessel's scheduled stay in port.

    (4) Any violation of coast guard or other federal regulations uncovered during a state tank vessel inspection shall be immediately reported to the appropriate agency.

 

    Sec. 3.  RCW 88.46.060 and 1995 c 148 s 3 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)) department shall by rule adopt and periodically revise standards for the preparation of contingency plans.  The ((office)) department 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,)) fish and wildlife((,)) and natural resources, the office of marine safety, 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)) department revises the rules for contingency plans after July 1, ((1992)) 1997.  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)) department within six months after the ((office)) department 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)) department within eighteen months after the ((office)) department has adopted rules under subsection (1) of this section.  The ((office)) department 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 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)) department, 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 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)) department, 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)) department, 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)) department may be accepted by the ((office)) department as a contingency plan under this section.  The ((office)) department 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)) department 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)) department 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)) department 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)) department determines should be included.

    (8) An owner or operator of a covered vessel shall notify the ((office)) department 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)) department.  The ((office)) department may require the owner or operator to update a contingency plan as a result of these changes.

    (9) The ((office)) department by rule shall require contingency plans to be reviewed, updated, if necessary, and resubmitted to the ((office)) department at least once every five years.

    (10) Approval of a contingency plan by the ((office)) department 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.

 

    Sec. 4.  RCW 88.46.080 and 1992 c 73 s 22 are each amended to read as follows:

    (1) Except as provided in subsection (2) of this section, it shall be unlawful for the owner or operator to knowingly and intentionally operate in this state or on the waters of this state a covered vessel without an approved contingency plan or an approved prevention plan as required by this chapter, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990.  The first conviction under this section shall be a gross misdemeanor under chapter 9A.20 RCW.  A second or subsequent conviction shall be a class C felony under chapter 9A.20 RCW.

    (2) It shall not be unlawful for the owner or operator to operate a covered vessel if:

    (a) The covered vessel is not required to have a contingency plan, spill prevention plan, or financial responsibility;

    (b) All required plans have been submitted ((to the office)) as required by this chapter and by adopted rules ((adopted by the office)), and the department or the office is reviewing the plan and has not denied approval; or

    (c) The covered vessel has entered state waters after the United States coast guard has determined that the vessel is in distress.

    (3) A person may rely on a copy of the statement issued by the department or the office pursuant to RCW 88.46.060 as evidence that a vessel has an approved contingency plan and the statement issued pursuant to RCW 88.46.040 that a vessel has an approved prevention plan.

    (4) Any person found guilty of willfully violating any of the provisions of this chapter, or any final written orders or directive of the administrator or a court in pursuance thereof shall be deemed guilty of a gross misdemeanor, as provided in chapter 9A.20 RCW, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment in the discretion of the court.  Each day upon which a willful violation of the provisions of this chapter occurs may be deemed a separate and additional violation.

 

    Sec. 5.  RCW 88.46.090 and 1992 c 73 s 23 are each amended to read as follows:

    (1) Except as provided in subsection (4) of this section, it shall be unlawful for a covered vessel to enter the waters of the state without an approved contingency plan required by RCW 88.46.060, a spill prevention plan required by RCW 88.46.040, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990.  The office may deny entry onto the waters of the state to any covered vessel that does not have a required contingency or spill prevention plan or financial responsibility.

    (2) Except as provided in subsection (4) of this section, it shall be unlawful for a covered vessel to transfer oil to or from an onshore or offshore facility that does not have an approved contingency plan required under RCW 90.56.210, a spill prevention plan required by RCW 90.56.200, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990.

    (3) The administrator may assess a civil penalty of up to one hundred thousand dollars against the owner or operator of a vessel who is in violation of subsection (1) or (2) of this section.  Each day that the owner or operator of a covered vessel is in violation of this section shall be considered a separate violation.

    (4) It shall not be unlawful for a covered vessel to operate on the waters of the state if:

    (a) A contingency plan, a prevention plan, or financial responsibility is not required for the covered vessel;

    (b) A contingency plan and prevention plan has been submitted ((to the office)) as required by this chapter and by adopted rules ((adopted by the office)), and the department or the office is reviewing the plan and has not denied approval; or

    (c) The covered vessel has entered state waters after the United States coast guard has determined that the vessel is in distress.

    (5) Any person may rely on a copy of the statement issued by the ((office)) department to RCW 88.46.060 as evidence that the vessel has an approved contingency plan and the statement issued by the office pursuant to RCW 88.46.040 as evidence that the vessel has an approved spill prevention plan.

    (6) Except for violations of subsection (1) or (2) of this section, any person who violates the provisions of this chapter or rules or orders adopted or issued pursuant thereto, shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to ten thousand dollars a day for each violation.  Each violation is a separate offense, and in case of a continuing violation, every day's continuance is a separate violation.  Every act of commission or omission which procures, aids, or abets in the violation shall be considered a violation under the provisions of this subsection and subject to penalty.  The penalty amount shall be set in consideration of the previous history of the violator and the severity of the violation's impact on public health and the environment in addition to other relevant factors.  The penalty shall be imposed pursuant to the procedures set forth in RCW 43.21B.300.

 

    NEW SECTION.  Sec. 6.  It is the intent of the legislature that the office of marine safety protect Washington waters from oil spills resulting from the transportation of oil on state waters.  The state's oil spill prevention program is intended to complement and is not to duplicate the federal coast guard program unnecessarily.  In carrying out its responsibilities, the office of marine safety shall establish a cooperative and productive relationship with the shipping industry and federal maritime regulators.

 

    NEW SECTION.  Sec. 7.  A new section is added to chapter 88.46 RCW to read as follows:

    A regulatory advisory committee is created to review proposed rules and for consultation on program initiatives.  Membership shall be appointed by the administrator and comprised of representatives of the shipping, towing, oil, and fishing industries and representatives from pilots, environmental organizations, tribes, the department, and the United States coast guard.

 

    NEW SECTION.  Sec. 8.  A new section is added to chapter 43.21I RCW to read as follows:

    The executive head and appointing authority of the office shall be the administrator of marine safety.  The administrator shall be appointed by, and serve at the pleasure of, the governor.  The administrator shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040.

 

    Sec. 9.  RCW 82.23B.020 and 1995 c 399 s 214 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)) one cent((s)) 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)) four 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 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)) ten 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 community, 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.

 

    Sec. 10.  RCW 90.56.510 and 1995 2nd sp.s. c 14 s 525 are each amended to read as follows:

    (1) The oil spill administration account is created in the state treasury.  All receipts from RCW 82.23B.020(2) shall be deposited in the account.  Moneys from the account may be spent only after appropriation.  The account is subject to allotment procedures under chapter 43.88 RCW.  On July 1 of each odd-numbered year, if receipts deposited in the account from the tax imposed by RCW 82.23B.020(2) for the previous fiscal biennium exceed the amount appropriated from the account for the previous fiscal biennium, the state treasurer shall transfer the amount of receipts exceeding the appropriation to the oil spill response account.  If, on the first day of any calendar month, the balance of the oil spill response account is greater than ((twenty-five)) ten million dollars and the balance of the oil spill administration account exceeds the unexpended appropriation for the current biennium, then the tax under RCW 82.23B.020(2) shall be suspended on the first day of the next calendar month until the beginning of the following biennium, provided that the tax shall not be suspended during the last six months of the biennium.  If the tax imposed under RCW 82.23B.020(2) is suspended during two consecutive biennia, the department shall by November 1st after the end of the second biennium, recommend to the appropriate standing committees an adjustment in the tax rate.  For the biennium ending June 30, 1997, the state treasurer may transfer up to $1,718,000 from the oil spill response account to the oil spill administration account to support appropriations made from the oil spill administration account in the omnibus and transportation appropriations acts adopted not later than June 30, 1997.

    (2) Expenditures from the oil spill administration account shall be used exclusively for the administrative costs related to the purposes of this chapter, and chapters 90.48, 88.40, and 88.46 RCW.  Starting with the 1995-1997 biennium, the legislature shall give activities of state agencies related to prevention of oil spills priority in funding from the oil spill administration account.  Costs of administration include the costs of:

    (a) Routine responses not covered under RCW 90.56.500;

    (b) Management and staff development activities;

    (c) Development of rules and policies and the state-wide plan provided for in RCW 90.56.060;

    (d) Facility and vessel plan review and approval, drills, inspections, investigations, enforcement, and litigation;

    (e) Interagency coordination and public outreach and education;

    (f) Collection and administration of the tax provided for in chapter 82.23B RCW; and

    (g) Appropriate travel, goods and services, contracts, and equipment.

 

    NEW SECTION.  Sec. 11.  (1) All powers, duties, and functions of the office of marine safety pertaining to vessel contingency plan requirements and approval are transferred to the department of ecology.

    (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the office of marine safety pertaining to the powers, functions, and duties transferred 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 in carrying out the powers, functions, and duties transferred shall be made available to the department of ecology.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of ecology.

    (b) Any appropriations made to the office of marine safety for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of ecology.

    (c) 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.

    (3) All employees of the office of marine safety engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of ecology.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of ecology to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

    (4) All rules and all pending business before the office of marine safety pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of ecology.  All existing contracts and obligations shall remain in full force and shall be performed by the department of ecology.

    (5) The transfer of the powers, duties, functions, and personnel of the office of marine safety shall not affect the validity of any act performed before the effective date of this section.

    (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

    (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

 

    NEW SECTION.  Sec. 12. (1) The 1995 legislature enacted the biennial transportation budget for the 1995-1997 biennium with provisions transferring the functions of the office of marine safety to the department of ecology effective January 1, 1996.  Although the budget bill was effective July 1, 1995, a subsequent decision by the Thurston county superior court (People for Puget Sound v. Department of Ecology, No. 95-2-02622-0) found the transfer provisions in violation of Article II, section 19 of the state Constitution and therefore invalid.  The decision was not appealed.

    (2) Section 13 of this act repeals the provisions of the 1995 transportation budget that were declared unconstitutional by the Thurston county superior court.  It also repeals the sections of chapter 200, Laws of 1991 that transfer the functions of the office of marine safety to the department of ecology.

 

    NEW SECTION.  Sec. 13.  The following acts or parts of acts are each repealed:

    (1) 1995 2nd sp.s. c 14 s 521 & 1991 c 200 s 1120 (uncodified);

    (2) 1995 2nd sp.s. c 14 s 522 & 1993 c 281 s 73 (uncodified);

    (3) 1995 2nd sp.s. c 14 s 524 (uncodified);

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

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

    (6) RCW 88.46.921 and 1991 c 200 s 430;

    (7) RCW 88.46.922 and 1995 2nd sp.s. c 14 s 518 & 1991 c 200 s 431;

    (8) RCW 88.46.923 and 1991 c 200 s 432;

    (9) RCW 88.46.924 and 1991 c 200 s 433;

    (10) RCW 88.46.925 and 1995 2nd sp.s. c 14 s 519 & 1991 c 200 s 434;

    (11) RCW 88.46.926 and 1991 c 200 s 435; and

    (12) RCW 88.46.927 and 1993 c 281 s 67 & 1991 c 200 s 436.

 

    NEW SECTION.  Sec. 14.  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 takes effect July 1, 1997.

 


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