S-5155.1  _______________________________________________

                    SENATE JOINT MEMORIAL 8030

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senators Fraser, Spanel, Swecker, Jacobsen, Eide, Morton, McAuliffe and Kline

Read first time 03/09/2000.

Petitioning Congress to amend the Oil Pollution Act of 1990 to grant additional authority to states and to strengthen federal tanker, large cargo, and passenger vessel safety standards.

    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, Washington State has adopted a comprehensive program of oil spill prevention measures for the protection of its marine waters and coastal areas; and

    WHEREAS, This program establishes standards for oil tanker vessel spill prevention plans to provide the best achievable protection from damages from oil spills, and standards relating to tanker design, equipment, reporting, and operating requirements, as well as oil spill prevention standards directed to large cargo and passenger vessels; and

    WHEREAS, This program was authorized in legislation enacted in 1991 following the Congressional enactment of the Oil Pollution Act of 1990, 33 U.S.C. Secs. 2701 et seq., in which the Act preserved state authority to impose additional requirements or liabilities with respect to the discharge of oil; and

    WHEREAS, Washington and other coastal states have understood this Congressional preservation of state authorities to allow states to adopt additional spill prevention measures to supplement federal standards administered by the United States Coast Guard, to assure a high level of protection of their state waters from the devastating impacts of oil spills; and

    WHEREAS, On March 6, 2000, the United States Supreme Court ruled in United States v. Locke that the state savings clause in the Oil Pollution Act of 1990 applied to only one portion of that Act, and further struck down four Washington spill prevention standards and directed lower courts to review the remaining eight state standards in light of the court's analysis of federal preemption on this subject; and

    WHEREAS, The breadth of the Court's ruling places in doubt the validity of many measures adopted by coastal states to address spill risks of oil tankers, barges, and cargo vessels; and

    WHEREAS, In the absence of further action by Congress and the Department of Transportation the risks of oil spills from tankers will be far greater in the waters of many coastal states that have adopted strong state standards since 1990;

    NOW, THEREFORE, Your Memorialists respectfully pray that Congress act expeditiously to amend the Oil Pollution Act of 1990 to make clear that states have the authority to adopt additional oil tanker, barge, and cargo vessel operating requirements that are supplemental to and not inconsistent with regulations adopted by the United States Coast Guard; and

    That the United States Coast Guard act immediately to strengthen its tanker vessel safety standards by adopting measures similar to Washington state's standards that the United States Supreme Court held to be preempted by Congressional intent that these subjects be reserved exclusively to federal jurisdiction, these measures relating to tanker crew training, accident reporting, navigation watch practices, and deck officer English-language proficiency.

    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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