AN ACT Relating to oil spill studies, safety equipment, and contingency planning; amending RCW 88.28.050; adding new sections to chapter 38.52 RCW; adding a new section to chapter 70.146 RCW; adding a new section to chapter 90.48 RCW; adding a new chapter to Title 82 RCW; creating new sections; and making appropriations.

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

DAMAGE ASSESSMENT STUDY

NEW SECTION. Sec. 101. (1) The college for ocean and fisheries sciences of the University of Washington shall conduct a study of the state's method of assessing damages occurring as a result of major oil spills. The study shall include, but not be limited to, an evaluation of Alaska's method of assessing oil spill damages, a survey of other state's damage assessment methods, and include an analysis of any recommendations made as a result of the study together with estimated costs for implementing any recommendations.

(2) The college shall conduct the study in conjunction with a technical advisory committee composed of representatives of the departments of ecology, fisheries, game, and natural resources and may consult with others interested in and concerned with damage assessment methodology.

(3) The college shall report the results of the study to the senate committee on parks and ecology, house of representatives committee on environmental affairs, the legislative transportation committee, and the joint select committee on marine and ocean resources no later than January 1, 1988, and at other times during the study as may be requested by the legislative committees for information purposes. Legislative committees shall coordinate such requests and hold joint hearings whenever possible.

NEW SECTION. Sec. 102. The sum of two hundred fifty thousand dollars, or so much thereof as may be necessary, is appropriated for the biennium ending June 30, 1989, from the general fund to the college for ocean and fisheries sciences at the University of Washington, for the purpose of carrying out the study described in section 101 of this act. PART II

OIL SPILL EQUIPMENT NOT NAVIGABLE OBSTRUCTION

Sec. 201. Section 104, page 94, Laws of 1854 as last amended by section 1, page 190, Laws of 1888 and RCW 88.28.050 are each amended to read as follows:

Every person who shall in any manner obstruct the navigable portion or channel of any bay, harbor, or river or stream, within or bordering upon this state, navigable and generally used for the navigation of vessels, boats, or other watercrafts, or for the floating down of logs, cord wood, fencing posts or rails, shall, on conviction thereof, be fined in any sum not exceeding three hundred dollars: PROVIDED, That the placing of any mill dam or boom across a stream used for floating saw logs, cord wood, fencing posts or rails shall not be construed to be an obstruction to the navigation of such stream, if the same shall be so constructed as to allow the passage of boats, saw logs, cord wood, fencing posts or rails without unreasonable delay: PROVIDED FURTHER, That the obstruction of navigable waters for the purpose of deploying equipment to contain and clean up an oil spill shall not be considered an obstruction. PART III

REFUELING SPILLS - PREVENTION AND CONTAINMENT

NEW SECTION. Sec. 301. A new section is added to chapter 90.48 RCW to read as follows:

After June 30, 1988, any facility conducting ship refueling and bunkering operations, or the lightering of petroleum products shall be required to have containment and recovery equipment readily available for deployment in the event of the discharge of oil into the waters of the state, except as exempted by RCW 90.48.320. All persons conducting refueling, bunkering, or lightering operations shall be trained in the use and deployment of oil spill containment and recovery equipment. After examining existing equipment locations, the methods and conditions of deployment, and accessibility of any federal or other publicly or privately owned and operated containment and recovery equipment or systems, reviewing federal, state, or local laws, rules, or regulations, and ordinances governing refueling, bunkering, or lightering of petroleum products, the department of ecology shall adopt rules as necessary to carry out the provisions of this section. The examination and work done by the department of ecology to implement rules shall qualify as research and development regarding the removal of pollution caused by the discharge of oil as authorized by RCW 90.48.400. PART IV

CONTINGENCY PLANS - STATE AND LOCAL

NEW SECTION. Sec. 401. The legislature finds that many federal, state, and local agencies are responsible for the development of plans for the deployment of personnel and resources necessary to combat situations of harm to the environment, persons, and property. The legislature further finds that some recommendations issued by the oil spill advisory committee created pursuant to Engrossed House Concurrent Resolution No. 19 of the 1986 session of the Washington legislature, dealt with the diversity of persons and agencies responding to oil spills, and the need to clarify roles of federal, state, and local governments, and of private interests and volunteers. The legislature further finds that existing laws incorporate many of these recommendations, pointing to an increased need for communication of existing policies and procedures. It is therefore the intent of sections 402 through 404 of this act to provide or improve the necessary communication processes by which emergency responses to environmental hazards can be better coordinated.

NEW SECTION. Sec. 402. A new section is added to chapter 38.52 RCW to read as follows:

The division of emergency services shall be responsible for the coordination of planning documents and training exercises that address initial state and local government response to oil spills otherwise governed generally by chapter 90.48 RCW. The division of emergency services shall incorporate into the state comprehensive emergency management plan and, as appropriate, suggest inclusion within local plans adopted pursuant to this chapter, emergency response recommendations of the oil spill advisory committee as reported to the legislature in December 1986, shall coordinate and disseminate information for local governments to implement chapter 70.136 RCW, and shall coordinate with the department of ecology in implementing the provisions of RCW 70.105.100(2) and in coordinating overall response of state and local agency plans required by chapter 70.105 RCW. Insofar as it is feasible, the actions described in this section shall be incorporated into the comprehensive state emergency management plan.

NEW SECTION. Sec. 403. A new section is added to chapter 70.146 RCW to read as follows:

(1) The department shall require, before disbursing grant or loan funds for nonpoint water pollution control facilities which pollution control facilities address oil discharges from boats or other marine vessels, that the public body receiving such funds has developed an oil spill response contingency plan consistent with the requirements of section 404 of this act, chapter 90.48 RCW, and department rules and policies; has incorporated the contingency plan into its emergency management plan authorized by chapter 38.52 RCW; has a policy or plan for implementing provisions of chapter 70.136 RCW; and that the public body has developed such plans so they are consistent with other local plans required by chapter 70.105 RCW, agreements authorized by chapter 70.150 RCW, or other laws.

(2) When considering grants or loans for facilities or systems designed to combat nonpoint water pollution from boats or other marine vessels, the department shall include in the consideration required by RCW 70.146.070 the need for immediate and timely response to deal with such pollution.

NEW SECTION. Sec. 404. A new section is added to chapter 38.52 RCW to read as follows:

(1) The department, through the division of emergency services and in consultation with appropriate federal agencies, the departments of natural resources, game, fisheries, and ecology, representatives of local government, and any other person the director may deem appropriate, shall develop a model oil spill contingency plan to serve as a draft plan to local governments and which may be incorporated into the state and local emergency management plans. Development of this model plan shall be an allowable expense for funds appropriated by the legislature for the coastal protection fund, RCW 90.48.400, hazardous waste control and elimination account created by RCW 70.105A.060, for the purpose of hazardous waste management defined in RCW 70.105.007(3), and for emergency management and response provisions authorized by chapter 38.52 RCW.

(2) The model contingency plan shall include specific recommendations for water pollution control facilities or systems which are deemed to be most appropriate for the control, collection, storage, treatment, disposal, and recycling of oil spilled from nonpoint sources and in furthering the prevention and mitigation of such pollution.

NEW SECTION. Sec. 405. (1) The sum of twelve thousand five hundred dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1989, from the coastal protection fund to the department of community development for the purposes of section 402 of this act.

(2) The sum of twelve thousand five hundred dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1989, from the hazardous materials control and elimination account of the general fund to the department of community development for the purposes of section 402 of this act.

(3) 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 water quality account to the department of community development for the purposes of section 402 of this act. This amount shall be subtracted from the water quality account funds identified for financing nonpoint water pollution facilities and systems. PART V

REVENUE AND TAXATION

NEW SECTION. Sec. 501. The legislature recognizes that the threat of a massive oil spill and other forms of oil pollution are serious environmental concerns in the state of Washington requiring a stable source of funding to implement a program of oil pollution prevention and to combat all forms of oil pollution which occur within the boundaries of the state of Washington. It is the intent and purpose of this chapter to levy a tax on oil in the state and to collect the tax from the person who first stores such oil in the state. It is further the intent and purpose of this chapter to ensure that the revenue collected will be deposited with the state treasurer in the coastal protection fund where it will be used only for oil pollution prevention, control, and abatement as specified in this chapter and RCW 90.48.315 through 90.48.400.

NEW SECTION. Sec. 502. There is levied and there shall be collected from every person a tax for the act or privilege of storing oil at oil terminals in the state. The amount of the tax shall be ten cents per barrel on oil first delivered to any oil terminal for use, processing, storing, transferring, or distributing by or from said terminal. Such tax shall be applied only to the first delivery of oil within the state from any source, and shall not be levied against the first delivery or processing of waste oil, nor upon oil which is stored in the state for under forty-eight hours and is in the course of transportation to another state or foreign country: PROVIDED, That tax imposed in this section shall not be levied after the coastal protection fund has reached a maximum level of two million dollars.

NEW SECTION. Sec. 503. The tax imposed by section 502 of this act shall be due and payable as specified in RCW 82.16.070 by any person storing oil at any terminal within the state. The department of revenue may establish procedures for the collection of such tax, and to assure that the tax is calculated only on the basis of the first delivery of oil within the state.

NEW SECTION. Sec. 504. Any orders or decisions of the director of the department of revenue issued pursuant to the provisions of this chapter shall be subject to review by the board of tax appeals in accordance with the provisions of chapter 82.03 RCW.

NEW SECTION. Sec. 505. Sections 501 through 504 of this act shall constitute a new chapter in Title 82 RCW.