H-1384 _______________________________________________
SUBSTITUTE HOUSE BILL NO. 154
_______________________________________________
C 238 L 87
State of Washington 50th Legislature 1987 Regular Session
By House Committee on Transportation (originally sponsored by Representatives Spanel, D. Sommers, Cooper, Doty, Betrozoff and Rayburn; by request of Washington State Patrol)
Read first time 2/18/87 and passed to Committee on Rules.
AN ACT Relating to hazardous materials liability; amending RCW 70.136.020, 70.136.030, 70.136.050, 70.136.060, and 70.136.070; and adding a new section to chapter 70.136 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 2, chapter 172, Laws of 1982 and RCW 70.136.020 are each amended to read as follows:
The definitions set forth in this section apply throughout RCW 70.136.010 through 70.136.070.
(1) "Hazardous materials" means:
(a) Materials which, if not contained may cause unacceptable risks to human life within a specified area adjacent to the spill, seepage, fire, explosion, or other release, and will, consequently, require evacuation;
(b) Materials that, if spilled, could cause unusual risks to the general public and to emergency response personnel responding at the scene;
(c) Materials that, if involved in a fire will pose unusual risks to emergency response personnel;
(d) Materials requiring unusual storage or transportation conditions to assure safe containment; or
(e) Materials requiring unusual treatment, packaging, or vehicles during transportation to assure safe containment.
(2) "Applicable political subdivisions of the state" means cities, towns, counties, fire districts, and those port authorities with emergency response capabilities.
(3) "Person" means an individual, partnership, corporation, or association.
(4) "Public agency" means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state.
(5) "Hazardous materials incident" means an incident creating a danger to persons, property, or the environment as a result of spillage, seepage, fire, explosion, or release of hazardous materials, or the possibility thereof.
(((5)))
(6) "Governing body" means the elected legislative council,
board, or commission or the chief executive of the applicable political
subdivision of the state with public safety responsibility.
(((6)))
(7) "Incident ((commander)) command agency"
means the ((commanding officer)) predesignated or appointed agency
charged with coordinating all activities and resources at the incident
scene ((who is representing the designated hazardous materials incident
command agency)).
(((7)))
(8) "Representative" means an agent ((of the incident
commander)) from the designated hazardous materials incident command agency
with the authority to secure the services of persons with hazardous materials
expertise or equipment.
(((8)))
(9) "Profit" means compensation for rendering care,
assistance, or advice in excess of expenses actually incurred.
Sec. 2. Section 4, chapter 172, Laws of 1982 as last amended by section 50, chapter 266, Laws of 1986 and RCW 70.136.030 are each amended to read as follows:
The
governing body of each applicable political subdivision of this state ((may))
shall designate a hazardous materials incident command agency within its
respective boundaries, and file this designation with the director of community
development. In designating an incident command agency, the political
subdivision shall consider the training, manpower, expertise, and equipment of
various available agencies as well as the Uniform Fire Code and other existing
codes and regulations. Along state and interstate highway corridors, the
Washington state patrol shall be the designated incident command agency unless
by mutual agreement that role has been assumed by another designated incident
command agency. If a political subdivision has not designated an incident
command agency within six months after the effective date of this section, the
Washington state patrol shall then assume the role of incident command agency
by action of the chief until a designation has been made.
NEW SECTION. Sec. 3. A new section is added to chapter 70.136 RCW to read as follows:
In political subdivisions where an incident command agency has been designated, the Washington state patrol shall continue to respond with a supervisor to provide assistance to the incident command agency.
Sec. 4. Section 5, chapter 172, Laws of 1982 as amended by section 2, chapter 165, Laws of 1984 and RCW 70.136.050 are each amended to read as follows:
An incident command agency in the good faith performance of its duties, is not liable for civil damages resulting from any act or omission in the performance of its duties, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
Any person or
public agency whose assistance has been requested by an incident command
agency, who has entered into a written hazardous materials assistance agreement
before or at the scene of the incident pursuant to RCW 70.136.060 and
70.136.070, and who, in good faith, renders emergency care, assistance, or
advice with respect to a hazardous materials incident, is not liable for
civil damages resulting from any act or omission in the rendering of such care,
assistance, or advice, other than acts or omissions constituting gross
negligence or ((wilful)) willful or wanton misconduct((, if:
(1) The
political subdivision has designated a hazardous materials incident command
agency; and
(2) The
designated incident command agency and the person whose assistance is requested
have entered into a written hazardous materials assistance agreement prior to
the incident which incorporates the terms and conditions of RCW 70.136.060,
except as specified in RCW 70.136.070;
(3) The
request for assistance comes from the designated incident command agency)).
Sec. 5. Section 6, chapter 172, Laws of 1982 and RCW 70.136.060 are each amended to read as follows:
Hazardous materials emergency assistance agreements which are executed prior to a hazardous materials incident shall include the following terms and conditions:
(1) The person or public agency requested to assist shall not be obligated to assist;
(2) The
person or public agency requested to assist may act only under the
direction of the incident ((commander or his)) command agency or its
representative;
(3) The
person or public agency requested to assist may withdraw ((his)) its
assistance if ((he)) it deems the actions or directions of the
incident ((commander)) command agency to be contrary to accepted
hazardous materials response practices;
(4) The person or public agency requested to assist shall not profit from rendering the assistance;
(5) ((The
person requested to assist shall not be a public employee acting in his
official capacity within the boundaries of his political subdivision;
(6))) Any person responsible for causing the hazardous
materials incident shall not be covered by the liability standard defined in
RCW 70.136.050.
It is the
responsibility of both parties to ensure that mutually agreeable procedures are
established for identifying the ((designated)) incident command agency
when assistance is requested, for recording the name of the person or public
agency whose assistance is requested, and the time and date of the request,
which records shall be retained for three years by the ((designated))
incident command agency. A copy of the official incident command agency
designation shall be a part of the assistance agreement specified in this
section.
Sec. 6. Section 7, chapter 172, Laws of 1982 and RCW 70.136.070 are each amended to read as follows:
(1) Verbal
hazardous materials emergency assistance agreements may be entered into at the
scene of an incident where execution of a written agreement prior to the
incident is not possible. A notification of the terms of this section shall be
presented at the scene by the incident ((commander or his)) command
agency or its representative to the person or public agency whose
assistance is requested. The incident ((commander)) command agency
and the person or public agency whose assistance is requested shall both
sign the notification which appears in subsection (2) of this section,
indicating the date and time of signature. If a requesting incident command
agency deliberately misrepresents individual or agency status, that agency
shall assume full liability for any damages resulting from the actions of the
person or public agency whose assistance is requested, other than those
damages resulting from gross negligence or ((wilful)) willful or
wanton misconduct.
(2) The notification required by subsection (1) of this section shall be in substantially the following form:
NOTIFICATION OF "GOOD SAMARITAN" LAW
!ixYou have been
requested to provide emergency assistance by a representative of a ((designated))
hazardous materials incident command agency. To encourage your assistance, the
Washington state legislature has passed "Good Samaritan" legislation
(((chapter 4.24 RCW, part)) RCW 70.136.050) to protect you from
potential liability. The law reads, in part:
"Any person or public agency whose assistance has been requested
by an incident command agency, who has entered into a written hazardous
materials assistance agreement .!sc ,1.!sc ,1. at the scene of the incident
pursuant to .!sc ,1.!sc ,1. RCW 70.136.070, and who, in good faith, renders
emergency care, assistance, or advice with respect to a hazardous materials
incident, is not liable for civil damages resulting from any act or
omission in the rendering of such care, assistance, or advice, other than acts
or omissions constituting gross negligence or ((wilful)) willful
or wanton misconduct."
!ixThe law requires that you be advised of certain conditions to ensure your protection:
@id1.!sc ,1!ih*,2You are not obligated to assist and you may withdraw your assistance at any time.
@id2.!sc ,1!ih*,2You cannot profit from assisting.
@id3.!sc ,1!ih*,2You
must agree to act under the direction of the incident ((commander)) command
agency.
@id4.!sc ,1!ih*,2You
are not covered by this law if you caused the initial accident ((or if you
are a public employee doing your official duty)).
!tp1,2 !tlI have read and understand the
!tlthe above.
!tl(Name)!w_
!tl!sc ,5Date!sc_,10Time!w_
!tlI am a representative of a designated
!tlhazardous materials incident
!tlcommand agency and I am
!tlauthorized to make this request
!tlfor assistance.
!tl(Name)!w_
!tl(Agency)!w_
!tl!sc ,5Date!sc_,10Time!w_
!ix