FINAL BILL REPORT

SHB 1854

PARTIAL VETO

                                  C 262 L 89

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Jones, Hargrove, Rust, Winsley, Basich, R. King, Belcher, Cole, Spanel, P. King and Nelson)

Modifying resource damage assessment under the state water pollution control act.

House Committe on Environmental Affairs

Senate Committee on Environment & Natural Resources

SYNOPSIS AS ENACTED

BACKGROUND:

The State Water Pollution Control Act authorizes the state to collect damages for injuries to natural resources that result from illegal discharges into the waters of the state.  The measure of damages is the amount necessary to "restock such water, replenish such resources, and otherwise restore the stream, lake, or other water source to its condition prior to the injury."

Recently, this language has been judicially interpreted as limiting damages to the amount of money necessary to restock the water with the quantity and species of fish killed by the discharge.  Evidence regarding the economic value of the fish was excluded because the court determined that this had no bearing on restocking costs and was not a proper method of measuring damages under current law.

Damages recovered under the act for natural resources are currently transferred to the appropriate state agency to use for food fish or shellfish management or propagation.

SUMMARY:

Any person who damages natural resources by discharging a pollutant in violation of the state Water Pollution Control Act is liable for the sum of money necessary to: (1) Restore the damaged resource to its condition prior to injury and compensate for the lost value during the period of time between injury and restoration; or (2) compensate for the lost value throughout the duration of the injury if restoration is not technically feasible.  When only partial restoration is technically feasible, compensation will be required for the remaining lost value.

Restoration is defined to include the cost to restock, replenish, or replace the resources and to restore the environment to its condition prior to injury.

Lost value is defined to include consumptive, nonconsumptive, and indirect use values, as well as lost taxation, leasing, and licensing revenues.

Damages received under the act will go into the coastal protection fund and be dedicated to the following uses: (1) Environmental restoration and enhancement projects; (2) investigations of the long-term effects of oil spills; and (3) reimbursement of agencies for reconnaissance and damage assessment costs.  A steering committee consisting of the departments of ecology, fisheries, wildlife, and the parks and recreation commission will authorize the expenditure of these monies.

VOTES ON FINAL PASSAGE:

      House 95   0

      Senate    41     3 (Senate amended)

      House 92   0 (House concurred)

EFFECTIVE:May 5, 1989

Partial Veto Summary:  A section providing for prospective application of the act was vetoed, allowing the clarified measure of damages to apply retroactively.  (See VETO MESSAGE)