BILL REQ. #:  H-0826.1 

Read first time 01/25/2005.   Referred to Committee on Natural Resources, Ecology & Parks.

     AN ACT Relating to the oil spill monitoring and oversight council; amending RCW 90.56.005; and adding new sections to chapter 90.56 RCW.

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

Sec. 1   RCW 90.56.005 and 2004 c 226 s 2 are each amended to read as follows:
     (1) The legislature declares that ((the increasing reliance on)) water borne transportation as a source of supply for oil and hazardous substances poses special concern for the state of Washington. Each year billions of gallons of crude oil and refined petroleum products are transported as cargo and fuel by vessel on the navigable waters of the state. These shipments are expected to increase in the coming years. Vessels transporting oil into Washington travel on some of the most ((unique)) valuable and special marine environments in the United States. These marine environments are a source of natural beauty, recreation, and economic livelihood for many residents of this state. As a result, the state has an obligation to ensure the citizens of the state that the waters of the state will be protected from oil spills.
     (2) The legislature finds that prevention is the best method to protect the ((unique)) valuable and special marine environments in this state. The technology for containing and cleaning up a spill of oil or hazardous substances is ((in the early stages of development)) at best only partially effective. Preventing spills is more protective of the environment and more cost-effective when all the response and damage costs associated with responding to a spill are considered. Therefore, the legislature finds that the primary objective of the state is to ((adopt)) achieve a zero spills strategy to prevent any oil or hazardous substances from entering waters of the state.
     (3) The legislature also finds that:
     (a) Recent accidents in Washington, Alaska, southern California, Texas, Pennsylvania, and other parts of the nation have shown that the transportation, transfer, and storage of oil have caused significant damage to the marine environment;
     (b) Even with the best efforts, it is nearly impossible to remove all oil that is spilled into the water, and average removal rates are only fourteen percent;
     (c) Washington's navigable waters are treasured environmental and economic resources that the state cannot afford to place at undue risk from an oil spill; ((and))
     (d) The state has a fundamental responsibility, as the trustee of the state's natural resources and the protector of public health and the environment to prevent the spill of oil; and
     (e) In section 5002 of the federal oil pollution act of 1990, the United States congress found that complacency on the part of industry and government was one of the contributing factors to the Exxon Valdez spill and, further, that one method to combat this complacency is to involve local citizens in the monitoring and oversight of oil spill plans. Moreover, congress concluded that, in addition to Alaska, a program of citizen monitoring and oversight should be established in other major crude oil terminals in the United States because recent oil spills indicate that the safe transportation of oil is a national problem.
     (4) In order to establish a comprehensive prevention and response program to protect Washington's waters and natural resources from spills of oil, it is the purpose of this chapter:
     (a) To establish state agency expertise in marine safety and to centralize state activities in spill prevention and response activities;
     (b) To prevent spills of oil and to promote programs that reduce the risk of both catastrophic and small chronic spills;
     (c) To ensure that responsible parties are liable, and have the resources and ability, to respond to spills and provide compensation for all costs and damages;
     (d) To provide for state spill response and wildlife rescue planning and implementation;
     (e) To support and complement the federal oil pollution act of 1990 and other federal law, especially those provisions relating to the national contingency plan for cleanup of oil spills and discharges, including provisions relating to the responsibilities of state agencies designated as natural resource trustees. The legislature intends this chapter to be interpreted and implemented in a manner consistent with federal law;
     (f) To provide broad powers of regulation to the department of ecology relating to spill prevention and response;
     (g) To provide for an independent monitoring and oversight ((board)) council, consistent with federal law, to review on an ongoing basis the adequacy of spill prevention and response activities in this state; and
     (h) To provide an adequate funding source for state response and prevention programs.

NEW SECTION.  Sec. 2   A new section is added to chapter 90.56 RCW to read as follows:
     (1) There is established in the office of the governor the oil spill monitoring and oversight council. The primary purpose of the council is to maintain the state's vigilance in the prevention of oil spills, while recognizing the importance of also improving preparedness and response.
     (2) The council is composed of eleven members appointed by the governor as provided in this subsection:
     (a) The governor shall select one member each to represent the interests of the following associations, based upon a list of candidates if submitted by the association:
     (i) Washington state association of counties;
     (ii) Association of Washington cities;
     (iii) Washington public ports association; and
     (iv) Pacific shellfish growers association.
     (b) The governor shall invite the Northwest Indian fisheries commission to select a representative of Indian tribes to participate as a member of the council.
     (c) The governor shall select one representative to serve on the council from each of the following interests:
     (i) A representative of commercial fishing interests;
     (ii) A representative of recreational fishing interests;
     (iii) A representative of the tourism industry;
     (iv) A representative of environmental organizations;
     (v) A nongovernmental member of the Puget Sound council; and
     (vi) A nongovernmental member of the biodiversity council, created under executive order 04-02.
     (3) Appointments to the council shall reflect a geographical balance and the diversity of populations within the areas potentially affected by oil spills to state waters.
     (4) Members shall serve four-year terms, except that of the initial members appointed to the council, three shall serve two-year terms, three shall serve three-year terms, and five members shall serve four-year terms. Vacancies shall be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position vacated.
     (5) The council shall elect a chair from among its members in odd-numbered years to serve for two years as chair. The chair shall convene the council at least four times per year. At least one meeting per year shall be held in a Columbia river community, an ocean coastal community, and a Puget Sound community.
     (6) Members shall not be compensated, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION.  Sec. 3   A new section is added to chapter 90.56 RCW to read as follows:
     (1) The duties of the council include:
     (a) Selection and hiring of professional staff and expert consultants to support the work of the council;
     (b) Consultation with government decision makers in relation to the state's oil spill prevention, preparedness, and response programs, analyses, rule making, and related oil spill activities;
     (c) Providing independent advice, expertise, research, monitoring, assessment, and oversight for review of and necessary improvements to the state's oil spill prevention, preparedness, and response programs, analyses, rule making, and other decisions, including those of the Northwest area committee, as well as the adequacy of funding for these programs;
     (d) Monitoring and providing information to the public as well as state and federal agencies regarding state of the art prevention, preparedness, and response programs;
     (e) Actively seeking public comments on and proposals for specific measures to improve the state's oil spill prevention, preparedness, and response program, including measures to improve the effectiveness of the Northwest area committee;
     (f) Creating additional committees of the council as necessary to carry out the functions in this subsection (1), including scientific and technical committees;
     (g) Promoting opportunities for the public to become involved in spill response activities and provide assistance to community groups with an interest in oil spill prevention and response;
     (h) Preparing reports to embody the council's analyses and recommendations; and
     (i) Any other activities necessary to maintain the state's vigilance in preventing oil spills.
     (2) By December 1st of each year, the council shall make recommendations for the continuing improvement of the state's oil spill prevention, preparedness, and response through a report to the governor and the appropriate committees of the senate and house of representatives.
     (3) The director shall prepare a response to the annual report within ninety days of its submittal to the governor and the legislature, including a description of recommended improvements the department will adopt and the reasons established for rejecting the adoption of or for significantly modifying any recommended improvement.