S-4592

AN ACT Relating to oil spill prevention measures for tank vessels; amending RCW 88.16.190; adding new sections to chapter 88.46 RCW; creating new sections; recodifying RCW 88.16.170, 88.16.190, 88.16.195, and 88.16.200; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that the marine waters located in and adjacent to the Strait of Juan de Fuca between the state of Washington and Canada are some of the most pristine and diverse marine waters in the United States and include irreplaceable natural resources. The area includes such national treasures as the Olympic Coast National Marine Sanctuary and the Olympic National Park, is home to five federally recognized Indian reservations, holds one of the largest sea bird colonies on the west coast, and is the habitat for several threatened and endangered species.

The legislature also finds that the marine waters are of great environmental and economic importance to not only the state of Washington, but also to the people of Canada and the United States. The legislature also recognizes that the marine vessel traffic on these waters presents risks of accidents and oil spills which would be devastating to the environment and to the economy.

The legislature recognizes that transits by commercial vessels through the Strait of Juan de Fuca are projected by the United States coast guard to increase by fifty percent from the year 2000 to the year 2025. Volumes of petroleum movement, including cargo and bunker oil, are conservatively projected to increase by nearly four billion gallons by the year 2025. The legislature also recognizes that this growth in commercial vessel transits, including increased transits by high risk or priority 1 cargo vessels, and petroleum movement constitute a significant and growing increase in projected oil spill frequency.

The legislature finds that the 1975 legislative requirement of tug escorts for all laden, single-hull tank vessels operating east of New Dungeness, as augmented by federal law, has greatly improved navigational safety in the eastern Strait of Juan de Fuca and Rosario Strait. Extension of this proven safety measure to other vessel traffic that impacts tank vessel navigational safety and westward to the mouth of the strait by locating a dedicated oil spill prevention tug or implementation of other effective safety measures will similarly improve navigational safety and correct a growing safety gap in the marine navigation system.

NEW SECTION. Sec. 2. The legislature recognizes the important work currently underway by the north Puget Sound oil spill risk management panel that has been convened by the department of ecology and the United States coast guard. The panel is presently reviewing options such as oil spill prevention tugs stationed at the mouth of the Strait of Juan de Fuca, escort tugs for tank vessels, traffic management options, and other measures designed to reduce the risk of powered groundings, drift groundings, and collisions. One of the options considered by the panel is the use of the international tug of opportunity system, known as ITOS, however, the United States coast guard study of this system indicates that the ITOS will only be effective in reducing drift groundings, and will only reduce that risk by approximately three percent in the year 2000 and six percent by 2025. The legislature finds that the ITOS, although it offers some benefit, does not adequately reduce the risks of oil spills.

The legislature intends that the provisions contained in this act supplement the panel's efforts and specifically accommodate that process by providing additional data to the panel as provided in section 3 of this act, by including rule-making authority for the department of ecology to provide a method of implementing the panel's recommendations and other safety measures, and by allowing the department of ecology to waive the provisions of RCW 88.16.190 (1) through (3) (as recodified by this act) for a portion of the Strait of Juan de Fuca based upon a consensus decision by the panel.

NEW SECTION. Sec. 3. The department of ecology shall make, or otherwise acquire, monetary estimates of the natural resource damages, urban and rural economic impacts, and private property damages associated with potential oil spills in the Strait of Juan de Fuca and associated waterways included in the north Puget Sound oil spill risk management panel's study area.

The estimates shall include multiple scenarios that include variations of spill sites, volume of oil discharges, tidal movement, and weather conditions. The study scenarios must include the following variables: (1) Spill sites for the westward end of the Strait of Juan de Fuca and the northern end of Haro Strait; and (2) crude oil or bunker fuel oil volumes of ten thousand gallons, one hundred thousand gallons, one million gallons, and ten million gallons. In establishing the scenarios, the department shall consult with representatives of the national oceanic and atmospheric administration and may consult with other entities with scientific expertise.

The preliminary estimates shall be submitted to the governor, the north Puget Sound oil spill risk management panel, and the legislature by May 15, 2000. Final estimates shall be completed and submitted to the governor and legislature by December 15, 2000.

Sec. 4. RCW 88.16.190 and 1994 c 52 s 1 are each amended to read as follows:

(1) Any ((~~oil tanker, whether enrolled or registered,~~)) tank vessel of greater than ((~~one hundred and twenty-five~~)) forty thousand deadweight tons shall ((~~be prohibited from proceeding~~)) not proceed beyond a point, within the internal waters of the state of Washington and the United States, east of a line extending from ((~~Discovery Island light south to New Dungeness light~~)) Bonilla Point light on Vancouver Island to Cape Flattery light on Tatoosh Island, unless the conditions set in subsection (2) of this section are met.

(2) ((~~An oil tanker, whether enrolled or registered,~~)) A tank vessel of greater than forty ((~~to one hundred and twenty-five~~)) thousand deadweight tons may proceed beyond the points enumerated in subsection (1) of this section if ((~~such tanker~~)) the tank vessel is in ballast or under the escort of a tug or tugs with the ability to control the movement of or stop the tank vessel. A tank vessel is exempt from this section if it possesses all of the following standard safety features:

(a) ((~~Shaft horsepower in the ratio of one horsepower to each two and one-half deadweight tons; and~~)) A bow thruster with an independent power source;

(b) Two rudders with separate steering systems;

(d) Twin screws with an independent power source to each; ((~~and~~

~~(c)~~)) (e) Double ((~~bottoms, underneath~~)) hulls for all oil, fuel, and liquid cargo compartments; and

((~~(d) Two radars in working order and operating, one of which must be collision avoidance radar; and~~

~~(e)~~)) (f) Such other navigational position location systems as may be prescribed from time to time by the ((~~board of pilotage commissioners:~~

PROVIDED, That, if such forty to one hundred and twenty-five thousand deadweight ton tanker is in ballast or is under escort of a tug or tugs with an aggregate shaft horsepower equivalent to five percent of the deadweight tons of that tanker, subsection (2) of this section shall not apply: PROVIDED FURTHER, That additional tug shaft horsepower equivalencies may be required under certain conditions as established by rule and regulation of the Washington utilities and transportation commission pursuant to chapter 34.05 RCW: PROVIDED FURTHER, That tanker)) department.

(3) High risk or priority 1 covered vessels, as evaluated by the United States coast guard or the department, shall not proceed beyond a point, within the internal waters of the state of Washington and the United States, east of a line extending from Bonilla Point light on Vancouver Island to Cape Flattery light on Tatoosh Island, unless the covered vessel is under the escort of a tug or tugs with the ability to control the movement of or stop the covered vessel.

(4) The provisions of subsections (1) through (3) of this section do not apply west of a line extending from Discovery Island light south to New Dungeness light if:

(a) An oil spill prevention tug, of size and capacity as determined by the department, is in continuous operation at or near the westward end of the Strait of Juan de Fuca. The oil spill prevention tug shall, to the extent the department determines feasible, include among its operations the escorting of laden tank vessels through the traffic convergence zone where tank vessels must cross the paths of other vessels entering or exiting established vessel traffic lanes;

(b) The provisions are waived by the department following adoption of rules that substantially reduce the risks of drift grounding, powered grounding, and collision, for tank vessels and covered vessels;

(c) The department has waived provisions for an individual tank vessel that has additional safety features that supersede the features in subsection (2) of this section, based on the department's own risk assessment; or

(d) The department has waived the provisions in an emergency situation.

(5) A tank vessel assigned a deadweight of less than forty thousand deadweight tons at the time of construction or reconstruction as reported in Lloyd's Register of Ships is not subject to the provisions of RCW 88.16.170 through 88.16.190 (as recodified by this act).

NEW SECTION. Sec. 5. A new section is added to chapter 88.46 RCW to read as follows:

The department shall adopt a rule waiving the provisions of RCW 88.16.190 (1) through (3) (as recodified by this act) for the area west of a line extending from Discovery Island light south to New Dungeness light if there is a consensus decision made on or before June 30, 2000, by the north Puget Sound oil spill risk management panel, that the provisions are not necessary. For the purposes of this section, "consensus decision" means not more than two votes less than unanimous.

NEW SECTION. Sec. 6. The following sections are each recodified as new sections in chapter 88.46 RCW:

RCW 88.16.170

RCW 88.16.190

RCW 88.16.195

RCW 88.16.200

NEW SECTION. Sec. 7. Sections 4 through 6 of this act take effect September 30, 2000.

NEW SECTION. Sec. 8. Sections 1 through 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.