_______________________________________________
SUBSTITUTE
SENATE BILL 6358
_______________________________________________
Passed
Legislature - 1998 Regular Session
AS
AMENDED BY THE HOUSE
State
of Washington 55th Legislature 1998 Regular Session
By
Read
first time 02/06/98.
Providing the utilities and transportation commission
authority to regulate certain pipeline facilities.
AN
ACT Relating to utilities and transportation commission intrastate pipeline
safety jurisdiction and penalties; adding a new section to chapter 81.88 RCW;
and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 81.88 RCW to read as follows:
(1)
The definitions in this subsection apply throughout this section unless the
context clearly requires otherwise.
(a)
"Pipeline company" means a person or entity constructing, owning, or
operating an intrastate pipeline for transporting hazardous liquid, whether or
not such a person or entity is a public service company otherwise regulated by
the commission. For the purposes of this section, a pipeline company does not
include: (i) Distribution systems owned and operated under franchise for the
sale, delivery, or distribution of natural gas at retail; or (ii) excavation
contractors or other contractors that contract with a pipeline company.
(b)
"Hazardous liquid" means: (i) Petroleum, petroleum products, or
anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 in effect
March 1, 1998; and (ii) carbon dioxide. The commission by rule may incorporate
by reference other substances designated as hazardous by the secretary of
transportation under 49 U.S.C. Sec. 60101(a)(4).
(2)
The commission shall adopt by rule intrastate pipeline safety standards for
pipeline transportation and pipeline facilities that: (a) Apply to pipeline
companies transporting hazardous liquids; (b) cover the design, construction,
and operation of pipelines transporting hazardous liquids; and (c) require
pipeline companies to design, construct, and maintain their pipeline facilities
so they are safe and efficient.
(3)
A person, officer, agent, or employee of a pipeline company who, as an
individual or acting as an officer, agent, or employee of such a company,
violates or fails to comply with this section or a rule adopted under this
section, or who procures, aids, or abets another person or entity in the
violation of or noncompliance with this section or a rule adopted under this
section, is guilty of a gross misdemeanor.
(4)(a)
A pipeline company, or any person, officer, agent, or employee of a pipeline
company that violates a provision of this section, or a rule adopted under this
section, is subject to a civil penalty to be assessed by the commission.
(b)
The commission shall adopt rules: (i) Setting penalty amounts, but may not
exceed the penalties specified in the federal pipeline safety laws, 49 U.S.C.
Sec. 60101 et seq.; (ii) establishing procedures for mitigating penalties
assessed; and (iii) incorporating by reference other substances designated as
hazardous by the secretary of transportation under 49 U.S.C. Sec. 60101(a)(4).
(c)
In determining the amount of the penalty, the commission shall consider: (i)
The appropriateness of the penalty in relation to the position of the person
charged with the violation; (ii) the gravity of the violation; and (iii) the
good faith of the person or company charged in attempting to achieve compliance
after notification of the violation.
(d)
The amount of the penalty may be recovered in a civil action in the superior
court of Thurston county or of some other county in which the violator may do
business. In all actions for recovery, the rules of evidence shall be the same
as in ordinary civil actions. All penalties recovered under this section must
be paid into the state treasury and credited to the public service revolving
fund.
(5)
Nothing in this section duplicates the authority of the energy facility site
evaluation council under chapter 80.50 RCW.
