BILL REQ. #:  H-4456.1 

Read first time 01/16/08.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to establishing the statewide CBRNE response program; amending RCW 43.43.938; and adding a new chapter to Title 43 RCW.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that the threat of an incident caused by a chemical, biological, radioactive, nuclear, or explosive agent occurring in the state poses a severe threat to the health, safety, and welfare of the citizens of the state of Washington. In order to mitigate any damage that may be caused by CBRNE incidents, it is necessary that the state have a coordinated and comprehensive plan to respond to these dangerous and deadly incidents.
     (2) The legislature further finds that the current system of relying almost exclusively on local jurisdictions to respond to CBRNE incidents is inadequate because it stretches the capabilities of local jurisdictions, it lacks uniformity in training, equipment, and response standards, and it hinders the ability of jurisdictions to cooperate in the event of a catastrophic incident. Major portions of the state lack protection from CBRNE incidents because many local jurisdictions simply do not have the capabilities to respond to these incidents.
     (3) The purpose of this act is to establish a statewide CBRNE response program that relies on a network of regional response teams that operate with standardized training and equipment.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "CBRNE agent" means a chemical, biological, radioactive, nuclear, or explosive agent.
     (2) "CBRNE incident" means an incident creating a danger or the possibility of a danger to persons, property, or the environment as a result of spillage, seepage, fire, explosion, or release of a CBRNE agent.
     (3) "Director" means the director of fire protection in the Washington state patrol.

NEW SECTION.  Sec. 3   (1) The director shall establish and maintain a statewide CBRNE response program. This program must include, without limitation:
     (a) The division of the state into CBRNE response regions;
     (b) A network of regional teams to respond to CBRNE incidents within their respective regions and to operate outside their respective regions to assist other regional teams;
     (c) Standards for training, equipment, and procedures for regional teams and other responders concerning responses to CBRNE incidents;
     (d) Procedures for reimbursing regional teams for costs incurred by approved responses; and
     (e) Procedures for recovering response costs from parties responsible for causing a CBRNE incident.
     (2) The director shall adopt any rules necessary to implement and administer the provisions of this chapter.

NEW SECTION.  Sec. 4   The director shall divide the state into CBRNE response regions. In making this division, the director must consider (1) the history of any CBRNE or hazardous materials incident locations throughout the state and the factors that contribute to those incidents; (2) the current geographical distribution of CBRNE or hazardous materials responders; (3) any existing regional divisions in the state; and (4) work in conjunction with the existing CBRNE response program operated by the military department.

NEW SECTION.  Sec. 5   (1) The primary duty of a regional response team is to stabilize a CBRNE incident. Regional response teams are limited to emergency responses and the evaluation and documentation functions arising from CBRNE incidents that threaten life, property, or the environment. A regional response team must respond to the best of its ability, subject to the limitations of available equipment and personnel. Regional response teams must work with known local hazard industries, first response agencies, and local emergency planning agencies to ensure an appropriate integration of plans and operational response.
     (2) A regional response team may sample, test, analyze, treat, remove, recover, package, monitor, or track the involvement of a CBRNE agent only if it is incidentally necessary to identify a CBRNE agent, prevent the release or threat of a release of a CBRNE agent, or stabilize a CBRNE incident.
     (3) The activities of a regional response team are limited to those that can be accomplished safely to stabilize a CBRNE incident and, except as may be incidentally necessary, do not include the transport, storage, disposal, or remedial cleanup of CBRNE agents.
     (4) A regional response team is not required to maintain general security or safety perimeters, locate underground utilities, ensure appropriate traffic control services, conduct hydrological investigations and analysis, or provide testing, removal, or disposal of underground storage tank contamination at or near the CBRNE incident to which the team is dispatched.

Sec. 6   RCW 43.43.938 and 1995 c 369 s 18 are each amended to read as follows:
     (1) Wherever the term state fire marshal appears in the Revised Code of Washington or the Washington Administrative Code it shall mean the director of fire protection.
     (2) The chief of the Washington state patrol shall appoint an officer who shall be known as the director of fire protection. The board, after consulting with the chief of the Washington state patrol, shall prescribe qualifications for the position of director of fire protection. The board shall submit to the chief of the Washington state patrol a list containing the names of three persons whom the board believes meet its qualifications. If requested by the chief of the Washington state patrol, the board shall submit one additional list of three persons whom the board believes meet its qualifications. The appointment shall be from one of the lists of persons submitted by the board.
     (3) The director of fire protection may designate one or more deputies and may delegate to those deputies his or her duties and authorities as deemed appropriate.
     (4) The director of fire protection, in accordance with the policies, objectives, and priorities of the fire protection policy board, shall prepare a biennial budget pertaining to fire protection services. Such biennial budget shall be submitted as part of the Washington state patrol's budget request.
     (5) The director of fire protection, shall implement and administer, within constraints established by budgeted resources, the policies, objectives, and priorities of the board and all duties of the chief of the Washington state patrol that are to be carried out through the director of fire protection. Such administration shall include negotiation of agreements with the state board for community and technical colleges, the higher education coordinating board, and the state colleges and universities as provided in RCW ((43.63A.320)) 43.43.934. Programs covered by such agreements shall include, but not be limited to, planning curricula, developing and delivering instructional programs and materials, and using existing instructional personnel and facilities. Where appropriate, such contracts shall also include planning and conducting instructional programs at the state fire service training center.
     (6) The director of fire protection shall establish and maintain the statewide CBRNE response program required under this act.
     (7) The chief of the Washington state patrol, through the director of fire protection, shall seek the advice of the board in carrying out his or her duties under law.

NEW SECTION.  Sec. 7   Sections 1 through 5 of this act constitute a new chapter in Title 43 RCW.