AN ACT Relating to spills of oil and other hazardous substances; creating new sections; making an appropriation; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature recognizes that massive oil spills and other forms of oil pollution present danger to the fragile marine environment of the state of Washington. The legislature also recognizes that the catastrophic oil spill at Valdez, Alaska, and the miscoordinated attempts to clean up that spill clearly demonstrate the need for a thorough review of state policies with respect to the prevention of such a disaster in Washington state.

NEW SECTION. Sec. 2. In recognition of these facts and findings the Washington state oil spill commission is hereby established. The commission shall consist of seven members to be selected by the governor: (1) A person associated with water quality issues; (2) a member of the fishing industry; (3) a recognized member of the shipping industry; (4) a person associated with marine recreation interests in the state; (5) a member of a native American tribal council; and (6) two lay persons with recognized expertise in oil spills and marine transportation. The commission shall not include any person or persons involved with lobbying efforts in the state of Washington.

NEW SECTION. Sec. 3. Duties of the commission shall include, but are not limited to, the analysis of the following:

(1) The present traffic patterns of tankers, barges, and other ships that create the risks of spillage;

(2) A history of accidents in Washington state;

(3) An analysis of the cause of oil spills in Washington state;

(4) The success in spill containment and cleanup;

(5) The prognosis for recovery from a spill the magnitude of the Exxon Valdez in Prince William Sound in Alaska;

(6) Estimates of potential risk to Puget Sound;

(7) The sources of risk to the marine environment;

(8) Current responsibilities of federal and state authorities to minimize risk;

(9) Recommendations that have been made during the past twenty years to enhance safety;

(10) Initiatives by other maritime states; and

(11) Legislative options available to the state of Washington.

NEW SECTION. Sec. 4. The commission shall have the authority to elect a chair and such officers as the commission deems necessary and advisable. The commission shall elect a treasurer who shall be responsible for all receipts and disbursements by the commission. The treasurer's faithful discharge of duties shall be guaranteed by a bond at the sole expense of the commission. The commission shall adopt rules for governance which shall provide for the holding of meetings and work sessions, the election of officers, and the transaction of the business of the commission as set forth in section 3 of this act. The commission shall have no legislative power. The commission shall do all things reasonably necessary to effect the purposes of this act. The commission may employ and discharge managers, consultants, agents, attorneys and other employees or staff, and may engage the services of independent contractors, prescribe their duties, and fix their compensation. The commission may seek funding from private sources in order to carry out the purposes of this act.

NEW SECTION. Sec. 5. The commission shall maintain an account with one or more public depositaries, and may deposit moneys in the depositary and expend moneys for the purposes authorized by this chapter in the form of drafts made by the commission. The commission shall keep an accurate record of receipts, disbursements, and other financial transactions in accordance with generally accepted principles of accounting, available for audit by the state auditor.

NEW SECTION. Sec. 6. Obligations incurred by the commission and liabilities or claims against the commission shall be enforced only against the assets of the commission in the same manner as if it were a corporation and no liability for the debts or actions of the commission shall exist against either the state of Washington or any subdivision or instrumentality thereof or against any member, officer, employee, or agent of the commission in his or her individual capacity. The members of the commission, including the employees of the commission, shall not be held responsible for errors in judgment, mistakes, or other acts, either of the commission or omission, as principle agent, person or employees, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act of omission of any of the members of the commission.

NEW SECTION. Sec. 7. The commission shall make a report to the appropriate standing committees of the legislature with a written analysis of findings and policy recommendations by January 30, 1991. The commission shall cease to exist at the conclusion of this report.

NEW SECTION. Sec. 8. To provide for funding of the commission the sum of .......... , or so much thereof as may be necessary, is appropriated, for the biennium ending June 30, 1991, from the state general fund to the oil spill commission to carry out the provisions of this act. All moneys in the commission treasury which are not used will be returned to the general fund upon expiration of the commission.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.