AN
ACT Relating to heating oil pollution liability protection; amending RCW
70.149.040 and 70.149.070; and providing an expiration date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
70.149.040 and 1995 c 20 s 4 are each amended to read as follows:
The
director shall:
(1)
Design a program for providing pollution liability insurance for heating oil
tanks that provides sixty thousand dollars per occurrence coverage and
aggregate limits, and protects the state of Washington from unwanted or
unanticipated liability for accidental release claims;
(2)
Administer, implement, and enforce the provisions of this chapter. To assist
in administration of the program, the director is authorized to appoint up to
two employees who are exempt from the civil service law, chapter 41.06 RCW, and
who shall serve at the pleasure of the director;
(3)
Administer the heating oil pollution liability trust account, as established
under RCW 70.149.070;
(4)
Employ and discharge, at his or her discretion, agents, attorneys, consultants,
companies, organizations, and employees as deemed necessary, and to prescribe
their duties and powers, and fix their compensation;
(5)
Adopt rules under chapter 34.05 RCW as necessary to carry out the provisions of
this chapter;
(6)
Design and from time to time revise a reinsurance contract providing coverage
to an insurer or insurers meeting the requirements of this chapter. The
director is authorized to provide reinsurance through the pollution liability
insurance ((agency)) program trust account;
(7)
Solicit bids from insurers and select an insurer to provide pollution liability
insurance for third-party bodily injury and property damage, and corrective
action to owners and operators of heating oil tanks;
(8)
Register, and design a means of accounting for, operating heating oil tanks;
(9)
Implement a program to provide advice and technical assistance to owners and
operators of active and abandoned heating oil tanks if contamination from an
active or abandoned heating oil tank is suspected. Advice and assistance
regarding administrative and technical requirements may include observation of
testing or site assessment and review of the results of reports. If the
director finds that contamination is not present or that the contamination is
apparently minor and not a threat to human health or the environment, the
director may provide written opinions and conclusions on the results of the
investigation to owners and operators of active and abandoned heating oil
tanks. The agency is authorized to collect, from persons requesting advice and
assistance, the costs incurred by the agency in providing such advice and
assistance. The costs may include travel costs and expenses associated with
review of reports and preparation of written opinions and conclusions. Funds
from cost reimbursement must be deposited in the heating oil pollution
liability trust account. The state of Washington, the pollution liability
insurance agency, and its officers and employees are immune from all liability,
and no cause of action arises from any act or omission in providing, or failing
to provide, such advice, opinion, conclusion, or assistance; and
(10)
Establish a public information program to provide information regarding
liability, technical, and environmental requirements associated with active and
abandoned heating oil tanks.
Sec.
2. RCW
70.149.070 and 1995 c 20 s 7 are each amended to read as follows:
(1)
The heating oil pollution liability trust account is created in the custody of
the state treasurer. All receipts from the pollution liability insurance fee
collected under RCW 70.149.080 and reinsurance premiums shall be deposited into
the account. Expenditures from the account may be used only for the purposes
set out under this chapter. Only the director or the director's designee may
authorize expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but no appropriation is required for
expenditures. Any residue in the account shall be transferred at the end of
the biennium to the pollution liability insurance ((agency)) program
trust account.
(2)
Money in the account may be used by the director for the following purposes:
(a)
Corrective action costs;
(b)
Third-party liability claims;
(c)
Costs associated with claims administration;
(d)
Purchase of an insurance policy to cover all registered heating oil tanks, and
reinsurance of the policy; and
(e)
Administrative expenses of the program, including personnel, equipment, ((and))
supplies, and providing advice and technical assistance.
NEW
SECTION. Sec. 3. This
act expires June 1, 2001.
