Z-263                 _______________________________________________

                                                    HOUSE BILL NO. 154

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Spanel, D. Sommers, Cooper, Doty, Betrozoff and Rayburn; by request of Washington State Patrol

Read first time 1/19/87 and referred to Committee on Transportation.

AN ACT Relating to hazardous materials liability; amending RCW 70.136.020, 70.136.030, and 70.136.050; 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) "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) "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) "Incident commander" means ((the commanding officer)) the 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)      "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))) (7) "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 coordinating agency within six months after the effective date of this section, the Washington state patrol shall then assume the role of incident coordinating 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 coordinating agency has been designated, the Washington state patrol shall continue to respond with a supervisor to provide assistance to the incident commander.

        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:

          Any person or governmental entity 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 or wanton misconduct, if:

          (1) The political subdivision has designated a hazardous materials incident command agency, or the Washington state patrol has assumed the role of incident command agency under RCW 70.136.030; 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.