S-4321.1  _______________________________________________

               SUBSTITUTE SENATE JOINT MEMORIAL 8017

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senate Committee on Environmental Quality & Water Resources (originally sponsored by Senators Spanel, Gardner, Oke, Brown, Swecker, Franklin, Kline, B. Sheldon, Shin, Bauer, Eide, Patterson, Haugen, Costa, Kohl‑Welles, Rasmussen, Fairley, McAuliffe, Prentice, Fraser, Goings, Hale and Winsley)

Read first time 01/31/2000.

Requesting federal assistance in ensuring pipeline safety.

    TO THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE SECRETARY OF TRANSPORTATION:

    We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

    WHEREAS, Ensuring the safety of citizens residing near pipelines carrying hazardous substances and protecting the surrounding environment from the deleterious effects of pipeline spills are vital state and local responsibilities, yet the oversight of interstate pipelines has been largely preempted by federal law; and

    WHEREAS, Several significant pipeline spills have occurred in Washington State in recent years, including a major petroleum spill in the City of Bellingham, resulting in a fire which killed three people and destroyed much of a city park; and

    WHEREAS, Washington Governor Gary Locke thereafter formed a study team of local and state fuel accident response agencies, which in the course of numerous meetings, briefings, and public hearings learned that current federal oversight of pipeline safety is inadequate in many respects; and

    WHEREAS, Washington State through its Legislature and Governor are developing a strong, coordinated program of state and local oversight of pipeline safety that will be well integrated with concurrent federal oversight; and

    WHEREAS, Such a program cannot be fully implemented without action by the Congress and the President to modify existing statutes and provide necessary administrative and budgetary support;

    NOW, THEREFORE, Your Memorialists respectfully pray that:

    (1) The Congress enact legislation amending the federal Pipeline Safety Act (49 U.S.C. Section 60101, et seq.) to allow states to adopt and enforce standards stricter than federal standards where to do so would not interfere with interstate commerce;

    (2) Such Act be further amended to allow states at their option to seek authority to administer and enforce federal pipeline safety standards;

    (3) As an interim measure pending congressional consideration of such legislative enactments the President direct the federal Office of Pipeline Safety to grant authority to states that qualify to enforce federal standards; and

    (4) The Congress increase funding to assist states in responding to pipeline accident emergencies, to implement pipeline safety measures, to support states with delegated authority to enforce federal standards, and to the Office of Pipeline Safety for additional research and development of technologies for testing, leak detection, and oversight operations.

    BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the Secretary of the United States Department of Transportation, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.

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