SENATE BILL REPORT

SHB 154

BYHouse Committee on Transportation (originally sponsored by Representatives Spanel, D. Sommers, Cooper, Doty, Betrozoff and Rayburn; by request of Washington State Patrol)

Designating hazardous materials coordinating agencies.

House Committe on Transportation

Senate Committee on Transportation

Senate Hearing Date(s):March 25, 1987

Majority Report:  Do pass.

      Signed by Senators Peterson, Chairman; Hansen, Vice Chairman; Tanner, Vice Chairman; Bailey, Barr, Bender, Conner, DeJarnatt, Garrett, Halsan, Johnson, Nelson, Patterson, Sellar, Smitherman, von Reichbauer, West.

Senate Staff:Brad Lovaas (786-7307)

                  March 26, 1987

AS REPORTED BY COMMITTEE ON TRANSPORTATION, MARCH 25, 1987

BACKGROUND:

In 1982 legislation was enacted defining the procedures to be followed for designating hazardous materials coordinating agencies.  The intent was to promote and encourage advanced planning, cooperation, and mutual assistance between applicable political subdivisions and persons with the equipment, personnel and expertise in handling hazardous material incidents.  The law also established limitations on the liability an individual, corporation or association could incur for properly responding to an incident ("Good Samaritan Law").

Political subdivisions were required to designate an incident command agency.  The Washington State Patrol (WSP) assumed the role of command agency along state and interstate highway corridors unless, through mutual agreement, the role was assumed by another designated incident command agency.  If a political subdivision did not designate an incident coordinating agency within six months from enactment, the WSP assumed the role until such time as the designation was made.

In 1984 the law was amended in an attempt to eliminate jurisdictional confusion.  The patrol's authority to assume the command role was removed, and the designation of an incident command agency by a political subdivision was made discretionary.  Concerns have since been raised regarding the potential problems which could occur by not assigning a group to handle hazardous material incidents in the remote areas of the state.

A public agency (local government agency, political subdivision or unit, including municipal and quasi-municipal corporations, special purpose and local service districts, state or federal agencies, etc.) is not immune from liability when acting in good faith in its capacity as a designated incident command agency, or when responding to a request for assistance from another incident command agency.  The written agreement forms executed prior to or at the scene of the incident deny immunity to a public employee acting in his/her official capacity at the scene of an incident.

SUMMARY:

The 1982 language regarding the designation of a hazardous materials incident command agency is restored:  (1) Political subdivisions are required to designate an incident command agency; and (2) If a political subdivision does not designate a command agency within six months from enactment, the Washington State Patrol assumes the role until such time as a designation is made.  In political subdivisions where an incident command agency has been designated, the patrol will continue to respond and provide assistance to the incident commander.

The criteria for immunity from liability under the "Good Samaritan Law" is broadened to include:  (1) An incident command agency when acting in good faith in performing its duties, and (2) a public agency when properly responding to a request for assistance from an incident command agency, if a written agreement prior to or at the scene of the incident is executed between the parties.  Consistent with the expanded immunity provisions, language in the written agreements executed prior to or at the scene of the incident denying a public employee immunity from liability when acting in his/her official duty is deleted.

Fiscal Note:      none requested

Senate Committee - Testified: Representative Harriet Spanel