SENATE BILL REPORT

SHB 1854

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

Senate Hearing Date(s):March 23, 1989

Majority Report:  Do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Bauer, Kreidler, Owen, Patterson, Sutherland.

Senate Staff:Barry Brandon (786-7717)

                  March 24, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, MARCH 23, 1989

BACKGROUND:

The State Water Pollution Control Act (RCW 90.48) authorizes the state to collect for damage to natural resources that result from illegal discharges into the waters of the state.  The measure of damages is the amount necessary to restock and restore the stream, lake, or other water source to its condition prior to the injury.

A recent superior court decision interpreted this language to limit 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 are transferred to the appropriate state agency to use for food fish or shellfish management or propagation.

SUMMARY:

Any person who damages natural resources due to a violation of the 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 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.

Recovered damages go into the coastal protection fund and are 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 13, 1989

Senate Committee - Testified: Representative Evan Jones (pro)