BILL REQ. #:  H-4471.1 

Read first time 01/16/08.   Referred to Committee on Local Government.

     AN ACT Relating to cost recovery for fire protection and public safety services rendered on navigable waters of the state to commercial vessels by fire protection agencies; adding a new section to chapter 35.103 RCW; and adding a new section to chapter 52.26 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 35.103 RCW to read as follows:
     (1) When a fire or public safety incident involving a commercial vessel occurs on navigable waters of the state, within or outside of the territorial limits of any fire protection district as established by chapter 52.20 RCW, city or town as defined by RCW 35.103.020, or regional fire service authority as established by chapter 52.26 RCW, and marine rescue and firefighting services are provided, with or without a contract to do so, the responding fire protection agency may recover from the person or vessel receiving the marine rescue and firefighting services the following:
     (a) The contract or reasonable value of the use, including repairs and depreciation, of the apparatus and equipment used;
     (b) The cost of fire protection personnel engaged to provide marine rescue and firefighting services as a result of the fire or public safety incident; and
     (c) All other costs reasonably incurred in providing the marine rescue and firefighting services as a result of the fire or public safety incident.
     (2) For the purposes of this section:
     (a) "Navigable waters of the state" shall be within the meaning of RCW 88.46.010(11); and
     (b) "Commercial vessel" shall mean a "covered vessel" as defined by RCW 88.46.010(5).
     (3) Nothing in this section shall be deemed to preempt or limit the cost recovery rights and remedies available to a fire protection agency by other state or federal law.

NEW SECTION.  Sec. 2   A new section is added to chapter 52.26 RCW to read as follows:
     (1) When a fire or public safety incident involving a commercial vessel occurs on navigable waters of the state, within or outside of the territorial limits of any fire protection district as established by chapter 52.20 RCW, city or town as defined by RCW 35.103.020, or regional fire service authority as established by chapter 52.26 RCW, and marine rescue and firefighting services are provided, with or without a contract to do so, the responding fire protection agency may recover from the person or vessel receiving the marine rescue and firefighting services the following:
     (a) The contract or reasonable value of the use, including repairs and depreciation, of the apparatus and equipment used;
     (b) The cost of fire protection personnel engaged to provide marine rescue and firefighting services as a result of the fire or public safety incident; and
     (c) All other costs reasonably incurred in providing the marine rescue and firefighting services as a result of the fire or public safety incident.
     (2) For the purposes of this section:
     (a) "Navigable waters of the state" shall be within the meaning of RCW 88.46.010(11); and
     (b) "Commercial vessel" shall mean a "covered vessel" as defined by RCW 88.46.010(5).
     (3) Nothing in this section shall be deemed to preempt or limit the cost recovery rights and remedies available to a fire protection agency by other state or federal law.