AN ACT Relating to oil spills, and the transfer and safety of petroleum products which are transported across the land or the marine waters of the state of Washington; creating new sections; and making appropriations.

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

NEW SECTION. Sec. 1. It is the intent and purpose of this act to study the methods of damage assessment of oil spills, to construct a contingency model for emergency spill response, and to establish penalties for spills of oil while engaged in the transport of petroleum products.

NEW SECTION. Sec. 2. The department of ecology together with the department of game and the department of fisheries shall conduct a study of the state's methods of assessing damages to natural resources and public property following spills of oil, hazardous materials, and other pollutants in or onto the waters of the state of Washington. The study shall include but is not limited to:

(1) An evaluation of damage assessment methodology used in other states and the potential for using those methodologies in the state of Washington;

(2) A description and analysis of alternatives for Washington; and

(3) A cost analysis of implementing and maintaining the alternatives.

NEW SECTION. Sec. 3. The department of ecology shall form a technical advisory committee to advise it and the department of game and the department of fisheries in the study of damage assessment methods. The committee shall be composed of the appropriate state agencies, county and city governments, federal agencies, environmental groups, and representatives from private industry and tribal governments.

NEW SECTION. Sec. 4. (1) The department of ecology shall develop a contingency planning model to ensure effectiveness in emergency spill response and to clarify the roles and responsibilities of federal, state, city, county, and tribal entities in reaction to spills of oil or hazardous materials. The contingency model shall address, but is not limited to, the issue of jurisdictional overlapping of federal, state, local, and tribal governments:

(a) To promote formal agreements between the department of ecology and local entities for effective spill response;

(b) To set forth plans whereby local agencies would become more involved with the decision-making process during cleanups; and

(c) To define the roles of the department of ecology and the department of emergency management and to develop a working relationship with the United States coast guard, the private sector, and all government agencies so involved.

(2) The department of ecology shall also study:

(a) The feasibility of cooperative emergency response exercises in training local personnel for spill response;

(b) To find methods for inclusion of the United States coast guard in such exercises;

(d) The adequacy of equipment, materials, and personnel needs of the localities in (e) of this subsection.

NEW SECTION. Sec. 5. The department of ecology shall report the results of the damage assessment and contingency planning research to the appropriate committees of the house of representatives and senate. Such reports are to be submitted no later than December 1, 1987, and shall include: A description of recommended changes in the method of damage assessment in Washington; a model for local, state, federal, and tribal cooperation in spill contingency planning; an estimate of costs and resources required for implementing and maintaining such changes; and draft legislation appropriate to implement such changes.

NEW SECTION. Sec. 6. (1) The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1989, from the general fund to the department of ecology for damage assessment research.

(2) The sum of one hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1989, from the general fund to the department of ecology to provide the necessary staff to construct a spill contingency model adapted to all jurisdictions.

(3) The sum of twenty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1989, from the general fund to the department of game for damage assessment research.

(4) The sum of twenty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1989, from the general fund to the department of fisheries for damage assessment research.