HOUSE BILL REPORT

SB 6515

BYSenators Benitz, Pullen, Smitherman and Hayner

Granting civil immunity to members of hazardous materials planning committees.

House Committe on Environmental Affairs

Majority Report:  Do pass with amendment.  (13)

      Signed by Representatives Rust, Chair; Valle, Vice Chair, Brekke, Ferguson, Jesernig, Lux, May, Pruitt, Schoon, D. Sommers, Sprenkle, Unsoeld and Walker.

House Staff:Bonnie Austin (786-7107)

AS REPORTED BY COMMITTEE ON ENVIRONMENTAL AFFAIRS

FEBRUARY 26, 1988

BACKGROUND:

On October 17, 1986, Congress passed the Superfund Amendments and Reauthorization Act (SARA).  Title III of SARA established a coordinated state/local planning process for emergency response to accidental releases of hazardous substances.  Under Title III, each state must establish a state emergency response commission to:  designate emergency planning districts within the state; appoint local emergency planning committees for each district; and review the emergency response plans developed by the local committees.  A fourteen member Hazardous Material Planning Committee has been established to advise the Washington State Emergency Response Commission.

By October 17, 1988, each local emergency planning committee is required to prepare an emergency response plan for its district identifying procedures to be followed by facility owners and operators and local emergency and medical personnel responding to releases.

Local emergency planning committees must include representatives from the following organizations:  elected State and local officials; law enforcement, civil defense, firefighting, first aid, health, local environmental, hospital, and transportation personnel; broadcast and print media; community groups; and owners and operators of facilities.

Under state law, liability insurance is generally available to state and local officials.  However, this insurance has been determined to be unavailable to those nongovernmental persons mandated to serve on the State Hazardous Material Planning Committee and local emergency planning committees.

In 1985 the legislature enacted a law granting civil immunity to volunteer providers of emergency or medical services, unless their acts or omissions constitute gross negligence or wilful misconduct. In 1987, legislation was passed granting the same immunity to persons rendering emergency aid in hazardous materials incidents.

SUMMARY:

BILL AS AMENDED: Appointees to the State Hazardous Materials Planning Committee or local emergency planning committees who act in good faith are not liable for civil damages due to the development, review, or implementation of emergency response plans. This civil immunity does not apply if appointees' actions or omissions constitute gross negligence or wilful misconduct.

AMENDED BILL COMPARED TO ORIGINAL:  A provision was added limiting civil immunity to those actions or omissions that do not constitute gross negligence or wilful misconduct.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Kate Heimbach, Department of Community Development.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Nongovernmental persons are reluctant to serve on local emergency planning committees due to fear of civil liability.  This bill is needed to get the local committees established, so that the emergency response plans can be developed by the October 17 deadline.

House Committee - Testimony Against:      None Presented.