HOUSE BILL REPORT

SJM 8006

BYSenators Metcalf, Kreidler and DeJarnatt

Asking Congress to clarify federal law concerning oil spill remedies.

House Committe on Environmental Affairs

Majority Report:  Do pass.  (11)

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

House Staff:Bonnie Austin (786-7107)

AS REPORTED BY COMMITTEE ON ENVIRONMENTAL AFFAIRS MARCH 17, 1989

BACKGROUND:

The state Water Pollution Control Act provides several remedies which may be employed regarding spills of oil to state waters.  These include civil penalties, the recovery of cleanup costs incurred by the state, and recovery for damages to natural resources.  Persons discharging the oil are strictly liable to the state without regard to fault.  State law does not limit the potential liability of responsible parties.

The response to oil spills is commonly a cooperative state/federal effort, in which both incur cleanup costs.  The federal Water Pollution Control Act provides for recovery of federal agency cleanup costs.  The federal act provides for liability limits, except in the case of willful negligence or willful misconduct.  Additionally, under the federal Limitation of Liability Act, the liability of an owner of a vessel spilling oil may be limited to the value of the vessel and the cargo after the accident, if the owner is free of fault.

Some owners of vessels from which oil spills have occurred contend that these federal laws limit or preclude states from pursuing state remedies to recover cleanup costs, penalties and damages.  This argument has been made with respect to spills occurring in Washington waters.  Court decisions on these issues are inconclusive.

SUMMARY:

Congress and the President are requested to clarify federal law to ensure that no federal law or doctrine will prevent states from pursuing state remedies to recover cleanup costs, damages and penalties arising from oil spills.

Fiscal Note:      Not requested.

House Committee ‑ Testified For:    Senator Jack Metcalf; Jim Oberlander, Department of Ecology.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    States should be fully reimbursed for the costs incurred in cleaning up oil spills.  Citizens of the state should be compensated for damages to natural resources caused by oil spills.  The federal law needs to be clarified.

House Committee - Testimony Against:      None Presented.