HOUSE BILL REPORT

ESSB 5810

As Amended by the House

BYSenate Committee on Agriculture (originally sponsored by Senators Barr, Madsen, Sutherland and Benitz)

Modifying responsibility for hazardous material incidents.

House Committe on Environmental Affairs

Majority Report:  Do pass with amendment.  (12)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; D. Sommers, Ranking Republican Member; Brekke, G. Fisher, Fraser, Phillips, Pruitt, Schoon, Sprenkle, Van Luven and Walker.

House Staff:Rick Anderson (786-7114)

AS PASSED HOUSE APRIL 13, 1989

BACKGROUND:

Local fire districts have a general obligation to protect life and property in their jurisdictions.  In addition, fire districts may be designated as "incident command agencies" under state law governing the coordination of responses to hazardous materials incidents.  Hazardous materials incidents are defined as incidents creating a danger to person, property, or the environment from actual or possible spillage, seepage, fire, explosion, or release of hazardous materials.

Current law requires any person transporting hazardous materials to clean up any hazardous materials incident that occurs during transportation.  Any person responsible for causing the incident, excluding employees of a transportation company, is also liable to the state or local government for any "extraordinary costs" incurred by the state or any of its political subdivisions. "Extraordinary costs" are defined as those that exceed the normal and usual expenses anticipated for police and fire protection, such as overtime pay, damage to equipment, and the cost of any special equipment or services.

Current law is unclear as to whether a state or local government entity may obtain reimbursement for extraordinary costs arising from a non-transportation related incident, such as a leak from a storage facility.

SUMMARY:

Transportation companies responsible for causing a hazardous materials incident while the material is being transported are liable for extraordinary costs incurred by the state or any of its political subdivisions.

All other entities responsible for causing a hazardous materials incident (while the material is being transported or stored) are liable for extraordinary costs incurred by municipal fire departments or fire districts.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Otto Jensen, Washington State Association of Fire Chiefs; Les Flue, Pierce County Fire District 6; Rick Jensen, Washington State Patrol; Jim Oberlander, Department of Ecology; Randy Ray, Puget Sound Steamship Operators Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill provides needed clarification that fire departments can recoup their expenditures during a non-transportation related hazardous material incident.

House Committee - Testimony Against:      None Presented.