S-2088.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 5340

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senate Committee on Transportation (originally sponsored by Senators Haugen, Benton, Jacobsen, Oke and Gardner; by request of Utilities & Transportation Commission)

Read first time 03/03/99.

Granting the utilities and transportation commission authority to inspect businesses that ship hazardous material by rail.

    AN ACT Relating to inspections of hazardous materials offered by private shippers for transportation by rail; amending RCW 81.44.065; and creating a new section.

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

NEW SECTION. Sec. 1.  It is the intent of the legislature that this act clarify certain authorities of employees of the Washington utilities and transportation commission.  The legislature further finds that this act is necessary to ensure the continuance of existing safety inspection programs.  Further, this act does not create a new program or authorize new authority, and will not result in the expansion of the existing program.

    Sec. 2.  RCW 81.44.065 and 1961 c 14 s 81.44.065 are each amended to read as follows:

    The utilities and transportation commission shall exercise all powers and duties in relation to the inspection of tracks, bridges, structures, equipment, apparatus, and appliances of railroads with respect to the safety of employees and the public and the administration and enforcement of all laws providing for the protection of the public and employees of railroads ((which)) that prior to April 1, 1955, were vested in and required to be performed by the director of labor and industries.

A commission employee certified by the federal railroad administration to perform hazardous materials inspections may enter the property of any business that receives, ships, or offers for shipment hazardous materials by rail, or that manufactures, marks, maintains, reconditions, repairs, or tests containers that are represented, marked, certified, or sold for use in the transportation of hazardous materials by rail.  Entry shall be at a reasonable time and in a reasonable manner.  The purpose of such entry is limited to performing inspections, investigations, or surveillance of facilities, equipment, records, and operations relating to the packaging, loading, or transportation of hazardous materials by rail, pursuant only to the state participation program outlined in Title 49 of the Code of Federal Regulations.  The term "business" is all inclusive and is not limited to common carriers or public service companies.

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