HOUSE BILL REPORT

HB 1280

BYRepresentatives R. King, Belcher, Beck, Basich, S. Wilson, Sayan, P. King and Jacobsen; by request of Joint Select Committee on Marine and Ocean Resources

Modifying requirements of marine geologic explorations.

House Committe on Natural Resources & Parks

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (11)

      Signed by Representatives Belcher, Chair;K. Wilson, Vice Chair; Beck, Ranking Republican Member; Brumsickle, Dellwo, Ferguson,R. Fisher, Fuhrman, Hargrove, Raiter and Sayan.

House Staff:Bill Koss (786-7129)

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES & PARKS

FEBRUARY 10, 1989

BACKGROUND:

Oil and gas firms often engage in seismic surveys in the process of exploring for offshore resources.  Under current law, a firm engaging in "exploratory activity" in marine water (saltwater) from a vessel must obtain a permit from the Department of Ecology (Ecology).  The permit will be issued if Ecology determines that the activity will not interfere with public use of the water, injure marine biota, create a public nuisance, or violate water quality standards.

Firms which perform the seismic survey work do not provide the state with the data they obtained.  In contrast, operations on uplands do provide to the Department of Natural Resources (DNR) a copy of all drilling logs and core samples.  These data are kept confidential by DNR for one year if so requested by the drilling party.

In several other states, seismic survey data are made available to the state with the condition that the state not make the information public.

SUMMARY:

SUBSTITUTE BILL:  When a firm plans to engage in geological seismic exploratory activity (as defined) from a vessel in any state water affected by the Shoreline Management Act, i.e., marine waters, and large fresh water bodies, they must obtain a permit from the Department of Ecology.  The exploratory activity must not interfere with public use of the water, injure marine life, create a public nuisance, or violate water quality standards.

In applying for the permit, the applicant agrees to provide the Department of Natural Resources (DNR), upon its request, a copy of all geophysical data obtained in the exploratory activity.  DNR must pay reasonable copying costs and, at the request of the supplier of the data, agree to keep the information confidential for a period of 15 years.

The law affecting disclosure of public records is amended to exempt geophysical data obtained by DNR.  Any person intentionally disclosing such data is subject to charge with a gross misdemeanor and shall be terminated from state employment.

DNR employees shall be limited in their access to the geophysical information.  Only those responsible for assessing the geological potential of state lands and employees responsible for making decisions regarding mineral management on state lands shall have access.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  All material in the original remains in the substitute.  Additional specificity is provided in describing what types of geological seismic survey work are covered.  Data provided to DNR will retain its confidentiality for 15 years when requested by the party supplying the data.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Craig Partridge, Department of Natural Resources; Rod Mack, Department of Ecology.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    DNR can support the bill when the confidentiality is limited, more clarity is provided regarding what type of vessel can be covered in the definition, and if geological survey is clearly defined.  The scope of the permit requirement should only cover large rivers and marine waters, not all water bodies because of the confusion it may cause for regular upland surveys.  Ecology supports expanding the geographical coverage of the permit requirement.

House Committee - Testimony Against:      None Presented.