S‑0446.1 _____________________________________________
SENATE JOINT MEMORIAL 8005
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senators Fraser, Swecker, Spanel, Patterson, Thibaudeau, Hargrove, Gardner, Costa, Prentice, Eide, Franklin, Regala, Jacobsen, Kline and Kohl‑Welles
Read first time 01/12/2001. Referred to Committee on Environment, Energy & Water.
_1 TO THE HONORABLE GEORGE W. BUSH, PRESIDENT OF THE UNITED
_2 STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
_3 HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF
_4 REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:
_5 We, your Memorialists, the Senate and House of Representatives
_6 of the State of Washington, in legislative session assembled,
_7 respectfully represent and petition as follows:
_8 WHEREAS, Washington State adopted a comprehensive program of
_9 oil spill prevention measures for the protection of its marine
10 waters and coastal areas in 1991; and
11 WHEREAS, This program established standards for oil tanker
12 vessel spill prevention plans to provide the best achievable
13 protection from damages from oil spills, and standards relating to
14 tanker design, equipment, reporting, and operating requirements,
15 as well as oil spill prevention standards directed to large cargo
16 and passenger vessels; and
17 WHEREAS, This program was created following the Congressional
18 enactment of the Oil Pollution Act of 1990, 33 U.S.C. Secs. 2701
19 et seq., in which the Act preserved state authority to impose
20 additional requirements or liabilities with respect to the
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_1 discharge of oil; and
_2 WHEREAS, Washington and other coastal states understood that
_3 the Congressional preservation of state authorities allowed states
_4 to adopt additional spill prevention measures to supplement
_5 federal standards administered by the United States Coast Guard,
_6 to assure a high level of protection of their state waters from
_7 the devastating impacts of oil spills; and
_8 WHEREAS, On March 6, 2000, the United States Supreme Court
_9 ruled in United States v. Locke that the state savings clause in
10 the Oil Pollution Act of 1990 applied to only one portion of that
11 Act, and further struck down four Washington spill prevention
12 standards and resulted in the repealing of the remaining state
13 standards in light of the court's analysis of federal preemption
14 on this subject; and
15 WHEREAS, The breadth of the Court's ruling invalidated many
16 measures adopted by coastal states to address spill risks of oil
17 tankers, barges, and cargo vessels; and
18 WHEREAS, In the absence of further action by Congress and the
19 Department of Transportation, the risks of oil spills from tankers
20 will be far greater in the waters of the coastal states that
21 adopted strong state standards since 1990;
22 NOW, THEREFORE, Your Memorialists respectfully pray that
23 Congress act expeditiously to amend the Oil Pollution Act of 1990
24 to make clear that states have the authority to adopt additional
25 oil tanker, barge, and cargo vessel operating requirements that
26 are supplemental to and not inconsistent with regulations adopted
27 by the United States Coast Guard; and
28 BE IT RESOLVED, That the United States Coast Guard act
29 immediately to strengthen its tanker vessel safety standards by
30 adopting measures similar to Washington state's standards,
31 including those relating to tanker crew training, accident
32 reporting, navigation watch practices, and deck officer English-
33 language proficiency, that the United States Supreme Court held to
34 be preempted by Congressional intent.
35 BE IT RESOLVED, That copies of this Memorial be immediately
36 transmitted to the Honorable George W. Bush, President of the
37 United States, the President of the United States Senate, the
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_1 Speaker of the House of Representatives, and each member of
_2 Congress from the State of Washington.
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