READ FIRST TIME 02/11/14.   

     AN ACT Relating to enhancing the safety of the transportation of oil; amending RCW 88.16.035, 88.16.170, 88.16.190, 88.16.200, 90.56.010, 43.21B.110, and 43.21B.110; adding new sections to chapter 90.56 RCW; adding a new section to chapter 88.16 RCW; creating new sections; prescribing penalties; providing an effective date; providing expiration dates; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that oil transportation by train and vessel poses a potential hazard to the health and well-being of Washington residents and the natural resources and economic vitality of the state. Recent accidents, such as the oil train explosions in North Dakota, Alabama, New Brunswick, and Quebec, as well as the frequent incidence of leaks and spills from pipelines, railcars, and vessels carrying oil across the nation, highlight the risks to human health and the environment caused by the transportation of oil. Furthermore, as the location and type of oil extracted in North America changes with the advent of new technology, there are associated changes in the patterns and methods of transporting crude oil and refined petroleum products. According to the United States department of transportation, the new types of oil being transported through the state may also be particularly flammable and dangerous. Measures to prevent spills from oil trains and tank vessels are critical to lowering risks to the state's natural resources and economic base. It is therefore the intent and purpose of this act to establish appropriate measures to reduce the risk of oil spills from vessels, to encourage the adoption of spill prevention measures, to ensure that the public has access to information about the movement of oil through the state, and to ensure that communities are fully informed about any risks posed to their safety by the transportation of oil.

NEW SECTION.  Sec. 2   A new section is added to chapter 90.56 RCW to read as follows:
     The department shall make available on its web site a quarterly report on the maritime and terrestrial transportation of oil in Washington. The report must include information including, but not limited to, the following sources:
     (1) Information submitted to the department pursuant to section 3 of this act;
     (2) Advanced notices of transfer and other information provided to the department pursuant to RCW 88.46.165, including aggregated information on the quantities and types of oil being transferred, the frequency and duration of oil transfers, and the locations of product transfers;
     (3) Reported information on spills, accidents, discharges, or other prohibited occurrences submitted to the department pursuant to RCW 90.56.050(1), 90.56.280, or 88.46.100; and
     (4) Relevant information about the volume and type of oil transported through Washington that is collected by federal agencies including the United States department of transportation, United States coast guard, United States department of energy, and United States army corps of engineers.

NEW SECTION.  Sec. 3   A new section is added to chapter 90.56 RCW to read as follows:
     (1) The owner or operator for each facility other than a transmission pipeline shall submit to the department the following information:
     (a) The number of tank vessels and railcars that transferred or delivered oil at the facility each week;
     (b) The volume and type of oil that arrived at and departed from the facility each week, including the volume and type of oil:
     (i) By mode of arrival at the facility, including but not limited to arrival by vessel, rail, pipeline, or motor vehicle;
     (ii) By mode of departure from the facility, including but not limited to departure by vessel, rail, pipeline, or motor vehicle;
     (c) The route taken by any oil that arrived at the facility by railcar.
     (2) Beginning November 1, 2014, the owner or operator of each facility must submit the information required pursuant to subsection (1) of this section by February 1st, May 1st, August 1st, and November 1st of each year and each quarterly submission must include the information in subsection (1) of this section for each week of the quarter covered by the submission. The department may develop a reporting form and guidance for the submission of the information in subsection (1) of this section by facility owners or operators. To the extent feasible, the department must integrate the reporting form with other forms used by facilities to submit information to the department, including forms used to submit the information required by RCW 88.46.165.
     (3)(a) Prior to making any confidential information submitted pursuant to this section available on its web site, the department must aggregate the submitted information to the extent necessary to ensure confidentiality if public disclosure of the specific information or data would result in an unfair competitive disadvantage to the owner or operator submitting the information.
     (b) The department may not make publicly available specific information about the volume of oil or the number of vessels or railcars that arrive at or depart from individual facilities. Instead, information about facility-specific arrivals and departures of oil must be aggregated prior to disclosure in order to prevent unfair competitive disadvantage to the owner or operator submitting the information.

NEW SECTION.  Sec. 4   (1) Washington State University shall consult with the department of ecology and the emergency management division of the military department to conduct a study regarding the state's capacity to respond to and recover from accidents involving railcars transporting oil. In conducting this study, Washington State University shall consider the potential near-term increase in the volume of oil being transported via rail through Washington as a result of proposed new or expanded oil refining and storage facilities. Washington State University shall seek the input of relevant stakeholders and other state agencies in carrying out this study.
     (2) The study required under subsection (1) of this section must:
     (a) Examine the current and projected prevalence of oil transportation by railcar through Washington communities;
     (b) Make a preliminary identification of the communities at the greatest risk of an accident involving oil transportation by railcar;
     (c) Examine, generally, the extent to which state and local emergency plans, oil spill contingency plans developed pursuant to chapter 90.56 RCW, and geographic response plans address this threat;
     (d) Examine the roles and responsibilities of federal, state, local, and tribal entities in preparing for emergencies or oil spills;
     (e) Determine whether adequate resources are available to respond to and recover from such an accident in a timely and effective manner; and
     (f) Address the potential impacts to transportation networks and other critical infrastructure from an accident involving oil transported by railcar.
     (3) Washington State University shall report its findings from the study to the appropriate committees of the legislature by December 1, 2014.
     (4) This section expires June 30, 2015.

Sec. 5   RCW 88.16.035 and 2009 c 496 s 1 are each amended to read as follows:
     (1) The board of pilotage commissioners shall:
     (a) Adopt rules, pursuant to chapter 34.05 RCW, necessary for the enforcement and administration of this chapter, except for rules adopted after July 1, 2014, that implement RCW 88.16.190, 88.16.195, 88.16.200, and section 12 of this act, for which the department of ecology may adopt rules as described in section 8 of this act;
     (b)(i) Issue training licenses and pilot licenses to pilot applicants meeting the qualifications provided for in RCW 88.16.090 and such additional qualifications as may be determined by the board;
     (ii) Establish a comprehensive training program to assist in the training and evaluation of pilot applicants before final licensing; and
     (iii) Establish additional training requirements, including a program of continuing education developed after consultation with pilot organizations, including those located within the state of Washington, as required to maintain a competent pilotage service;
     (c) Maintain a register of pilots, records of pilot accidents, and other history pertinent to pilotage;
     (d) Determine from time to time the number of pilots necessary to be licensed in each district of the state to optimize the operation of a safe, fully regulated, efficient, and competent pilotage service in each district;
     (e) Annually fix the pilotage tariffs for pilotage services provided under this chapter: PROVIDED, That the board may fix extra compensation for extra services to vessels in distress, for awaiting vessels, for all vessels in direct transit to or from a Canadian port where Puget Sound pilotage is required for a portion of the voyage, or for being carried to sea on vessels against the will of the pilot, and for such other services as may be determined by the board: PROVIDED FURTHER, That as an element of the Puget Sound pilotage district tariff, the board may consider pilot retirement plan expenses incurred in the prior year in either pilotage district. However, under no circumstances shall the state be obligated to fund or pay for any portion of retirement payments for pilots or retired pilots;
     (f) File annually with the governor and the chairs of the transportation committees of the senate and house of representatives a report which includes, but is not limited to, the following: The number, names, ages, pilot license number, training license number, and years of service as a Washington licensed pilot of any person licensed by the board as a Washington state pilot or trainee; the names, employment, and other information of the members of the board; the total number of pilotage assignments by pilotage district, including information concerning the various types and sizes of vessels and the total annual tonnage; the annual earnings or stipends of individual pilots and trainees before and after deduction for expenses of pilot organizations, including extra compensation as a separate category; the annual expenses of private pilot associations, including personnel employed and capital expenditures; the status of pilotage tariffs, extra compensation, and travel; the retirement contributions paid to pilots and the disposition thereof; the number of groundings, marine occurrences, or other incidents which are reported to or investigated by the board, and which are determined to be accidents, as defined by the board, including the vessel name, location of incident, pilot's or trainee's name, and disposition of the case together with information received before the board acted from all persons concerned, including the United States coast guard; the names, qualifications, time scheduled for examinations, and the district of persons desiring to apply for Washington state pilotage licenses; summaries of dispatch records, quarterly reports from pilots, and the bylaws and operating rules of pilotage organizations; the names, sizes in deadweight tons, surcharges, if any, port of call, name of the pilot or trainee, and names and horsepower of tug boats for any and all oil tankers subject to the provisions of RCW 88.16.190 together with the names of any and all vessels for which the United States coast guard requires special handling pursuant to their authority under the Ports and Waterways Safety Act of 1972; the expenses of the board; and any and all other information which the board deems appropriate to include;
     (g) Make available information that includes the pilotage act and other statutes of Washington state and the federal government that affect pilotage, including the rules of the board, together with such additional information as may be informative for pilots, agents, owners, operators, and masters;
     (h) Appoint advisory committees and employ marine experts as necessary to carry out its duties under this chapter;
     (i) Provide for the maintenance of efficient and competent pilotage service on all waters covered by this chapter; and do such other things as are reasonable, necessary, and expedient to insure proper and safe pilotage upon the waters covered by this chapter and facilitate the efficient administration of this chapter.
     (2) If the department of ecology adopts rules after July 1, 2014, pursuant to subsection (1)(a) of this section, any rules previously adopted by the board pursuant to subsection (1)(a) of this section that implement RCW 88.16.190, 88.16.195, and 88.16.200 are no longer in effect as of the effective date of the rules adopted by the department of ecology.
     (3) The board may pay stipends to pilot trainees under subsection (1)(b) of this section.

Sec. 6   RCW 88.16.170 and 1991 c 200 s 601 are each amended to read as follows:
     Because of the danger of spills, the legislature finds that the transportation of crude oil and refined petroleum products by tankers on the Columbia river, Grays Harbor, and on Puget Sound and adjacent waters creates a great potential hazard to important natural resources of the state and to jobs and incomes dependent on these resources.
     The legislature recognizes that the Columbia river has many natural obstacles to navigation and shifting navigation channels that create the risk of an oil spill. The legislature also recognizes Grays Harbor and Puget Sound and adjacent waters are ((a)) relatively confined salt water environments with irregular shorelines and therefore there is a greater than usual likelihood of long-term damage from any large oil spill.
     The legislature further recognizes that certain areas of the Columbia river, Grays Harbor, and Puget Sound and adjacent waters have limited space for maneuvering a large oil tanker and that these waters contain many natural navigational obstacles as well as a high density of commercial and pleasure boat traffic.
     For these reasons, it is important that large oil tankers be piloted by highly skilled persons who are familiar with local waters and that such tankers have sufficient capability for rapid maneuvering responses.
     It is therefore the intent and purpose of RCW 88.16.180 and 88.16.190 to decrease the likelihood of oil spills on the Columbia river, Grays Harbor, and on Puget Sound and its shorelines by requiring all oil tankers above a certain size to employ licensed pilots and to be escorted by a tug or tugs while navigating on certain areas of Puget Sound and adjacent waters, and also in Grays Harbor and the Columbia river if deemed prudent by the department of ecology.

Sec. 7   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, of greater than one hundred and twenty-five thousand deadweight tons shall be prohibited from proceeding beyond a point east of a line extending from Discovery Island light south to New Dungeness light.
     (2) An oil tanker, whether enrolled or registered, of forty to one hundred and twenty-five thousand deadweight tons may proceed beyond the points enumerated in subsection (1) if such tanker 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
     (b) Twin screws; and
     (c) Double bottoms, underneath all oil and liquid cargo compartments; and
     (d) Two radars in working order and operating, one of which must be collision avoidance radar; and
     (e) 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)) Except as provided in subsection (2) of this section, an oil tanker of greater than forty thousand deadweight tons may enter any of the waters in (a) of this subsection, to the extent that these waters are within the territorial boundaries of Washington, only if the oil tanker is under the escort of a tug or tugs in compliance with the requirements of subsection (3) of this section and section 8 of this act:
     (a) East of a line extending from Discovery Island light south to New Dungeness light and all points in the Puget Sound area, including but not limited to Haro Strait, Rosario Strait, the Strait of Georgia, Puget Sound, Hood Canal, and those portions of the Strait of Juan de Fuca east of the line between New Dungeness light and Discovery Island light;
     (b) The department of ecology may designate the following additional areas by rule where tug escorts are required:
     (i) Within a two mile radius of the Grays Harbor pilotage district as defined by RCW 88.16.050;
     (ii) Within three miles of Cape Disappointment at the mouth of the Columbia river; or
     (iii) Any inland portion of the Columbia river up to Bonneville dam.
     (2)(a) If an oil tanker is in ballast, the tug requirements of subsection (1) of this section do not apply.
     (b) If an oil tanker is a single-hulled oil tanker of greater than five thousand gross tons, the requirements of subsection (1)(a) of this section do not apply and the oil tanker must instead comply with 33 C.F.R. Part 168, as of the effective date of this section.
     (3) Oil tankers of greater than forty thousand deadweight tons must ensure that any escort tugs they use have an aggregate shaft horsepower equivalent to at least five percent of the deadweight tons of the escorted oil tanker. The department of ecology may adopt rules to ensure that escort tugs have sufficient capacity for safe escort.     
     (4) A tanker 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.
     (5) For the purposes of this section, "oil tanker" means a self-propelled deep draft tank vessel designed to transport oil in bulk. "Oil tanker" does not include an articulated tug-barge tank vessel.

NEW SECTION.  Sec. 8   (1) The department of ecology must submit a report to the legislature by December 1, 2014. The report must include a recommendation on the merits of establishing additional tug escort requirements for oil tankers entering state waters.
     (2) The additional tug escort requirements to be evaluated in the department of ecology's report must include:
     (a) Whether there is a need for a second escort tug for oil tankers in waters where tug escort is already required by law;
     (b) Whether there is a need for tug escorts for oil tankers in waters where there are not currently tug escort requirements; and
     (c) Whether other tug escort requirements are needed for oil tankers entering state waters based on season, adverse weather conditions, and the type of oil being transported by the tanker as defined in RCW 90.56.010.
     (3) In developing recommendations to include in the report, the department of ecology must:
     (a) Seek the input of stakeholders, including maritime safety forums such as the Puget Sound, Grays Harbor, and lower Columbia region harbor safety committees;
     (b) Consider the net benefits to navigational safety of any new tug escort requirements;
     (c) Consider the data and findings of the 2014 vessel traffic risk assessment completed under the direction of the Puget Sound partnership and maritime experts in evaluating tug escort requirements for vessels in Puget Sound;
     (d) Consider the data and findings of any draft or final risk assessment studies being performed for vessel traffic on the Columbia river; and
     (e) Account for the differences between Puget Sound, Grays Harbor, and the Columbia river, including differences in the physical environment, vessel traffic, weather, and other relevant factors, and appropriately account for these unique local circumstances.
     (4)(a) The department of ecology may adopt rules to require the escort of oil tankers by a tug or tugs in the areas listed in RCW 88.16.190(1) if either of the following events take place:
     (i) The governor approves, after January 1, 2014, a recommendation of the energy facility site evaluation council pursuant to RCW 80.50.100 to certify a facility meeting the criteria listed in RCW 80.50.020(12) (d) or (f); or
     (ii) A state agency or a local jurisdiction makes a final determination or issues a final permit after January 1, 2014, to:
     (A) Site a new facility as defined by RCW 90.56.010 other than a transmission pipeline required to have a contingency plan pursuant to RCW 90.56.210; or
     (B) Expand the oil receiving or refining capacity by more than fifteen thousand barrels per day of an existing facility as defined by RCW 90.56.010 required to have a contingency plan pursuant to RCW 90.56.210, other than:
     (I) A transmission pipeline; or
     (II) A facility that had a permitted receiving capacity of more than fifty thousand barrels of oil per day as of January 1, 2014.
     (b) The department of ecology may adopt rules to require the escort of oil tankers by a tug or tugs in the areas listed in RCW 88.16.190(1)(b)(ii) and (iii) if, after January 1, 2014, the state of Oregon or any local jurisdiction in Oregon makes a final determination or issues a final permit to:
     (i) Site a new facility as defined by RCW 90.56.010 other than a transmission pipeline in the watershed of the Columbia river that would be required to have a contingency plan pursuant to RCW 90.56.210 if an identical facility were located in Washington; or
     (ii) Expand the oil receiving or refining capacity by more than fifteen thousand barrels per day of an existing facility as defined by RCW 90.56.010 other than a transmission pipeline in the watershed of the Columbia river that would be required to have a contingency plan pursuant to RCW 90.56.210 if an identical facility were located in Washington.
     (c) In adopting rules pursuant to this subsection, the department of ecology must fulfill the requirements in subsection (3)(a) through (e) of this section.
     (d) The authority of the department of ecology to initiate rule making to adopt additional tug escort requirements for oil tankers pursuant to this section and RCW 88.16.190 expires January 1, 2020.

Sec. 9   RCW 88.16.200 and 2008 c 128 s 14 are each amended to read as follows:
     Any vessel designed for the purpose of carrying as its cargo liquefied natural or liquefied petroleum gas shall adhere to the provisions of RCW 88.16.190(((2))) and rules adopted under section 8 of this act as though it were an oil tanker.

Sec. 10   RCW 90.56.010 and 2007 c 347 s 6 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable. The director's determination of best achievable protection shall be guided by the critical need to protect the state's natural resources and waters, while considering (a) the additional protection provided by the measures; (b) the technological achievability of the measures; and (c) the cost of the measures.
     (2) "Best achievable technology" means the technology that provides the greatest degree of protection taking into consideration (a) processes that are being developed, or could feasibly be developed, given overall reasonable expenditures on research and development, and (b) processes that are currently in use. In determining what is best achievable technology, the director shall consider the effectiveness, engineering feasibility, and commercial availability of the technology.
     (3) "Board" means the pollution control hearings board.
     (4) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters.
     (5) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.
     (6) "Committee" means the preassessment screening committee established under RCW 90.48.368.
     (7) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.
     (8) "Department" means the department of ecology.
     (9) "Director" means the director of the department of ecology.
     (10) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
     (11)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.
     (b) A facility does not include any: (i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; (ii) underground storage tank regulated by the department or a local government under chapter 90.76 RCW; (iii) motor vehicle motor fuel outlet; (iv) facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.
     (12) "Fund" means the state coastal protection fund as provided in RCW 90.48.390 and 90.48.400.
     (13) "Having control over oil" shall include but not be limited to any person using, storing, or transporting oil immediately prior to entry of such oil into the waters of the state, and shall specifically include carriers and bailees of such oil.
     (14) "Marine facility" means any facility used for tank vessel wharfage or anchorage, including any equipment used for the purpose of handling or transferring oil in bulk to or from a tank vessel.
     (15) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.
     (16) "Necessary expenses" means the expenses incurred by the department and assisting state agencies for (a) investigating the source of the discharge; (b) investigating the extent of the environmental damage caused by the discharge; (c) conducting actions necessary to clean up the discharge; (d) conducting predamage and damage assessment studies; and (e) enforcing the provisions of this chapter and collecting for damages caused by a discharge.
     (17) "Oil" or "oils" means oil of any kind that is liquid at atmospheric temperature and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499.
     (18) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land.
     (19) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.
     (20)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.
     (b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.
     (21) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.
     (22) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever.
     (23) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.
     (24) "Spill" means an unauthorized discharge of oil or hazardous substances into the waters of the state.
     (25) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:
     (a) Operates on the waters of the state; or
     (b) Transfers oil in a port or place subject to the jurisdiction of this state.
     (26) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
     (27) "Worst case spill" means: (a) In the case of a vessel, a spill of the entire cargo and fuel of the vessel complicated by adverse weather conditions; and (b) in the case of an onshore or offshore facility, the largest foreseeable spill in adverse weather conditions.
     (28) "Transmission pipeline" means an interstate or intrastate pipeline subject to regulation by the United States department of transportation under Part 195 of Title 49 of the code of federal regulations in effect as of January 1, 2014, through which oil moves in transportation, including line pipes, valves, and other appurtenances connected to line pipes, pumping units, and fabricated assemblies associated with pumping units.
     (29) "Type of oil" means crude oil or refined petroleum products including gasoline, diesel, jet fuel, fuel oils, blending components, and other petroleum products. Crude oil types must be specified by their distinct place of origin.

NEW SECTION.  Sec. 11   A new section is added to chapter 90.56 RCW to read as follows:
     (1) For the purposes of this section, "barge" means a vessel that is not self-propelled.
     (2)(a) If an oil spill occurs involving a barge laden with oil towed by a tug in the following geographic areas and the department finds that the owner or operator of the tug has acted with recklessness or negligence, the tug owner or operator is subject to a penalty of between one thousand and one thousand five hundred dollars per gallon of oil discharged, to the extent that these waters are within the territorial boundaries of Washington:
     (i) East of a line extending from Discovery Island light south to New Dungeness light and all points in the Puget Sound area, including but not limited to Haro Strait, Rosario Strait, the Strait of Georgia, Puget Sound, Hood Canal, and those portions of the Strait of Juan de Fuca east of the line between New Dungeness light and Discovery Island light;
     (ii) Within a two mile radius of the Grays Harbor pilotage district as defined by RCW 88.16.050;
     (iii) Within three miles of Cape Disappointment at the mouth of the Columbia river; or
     (iv) Any inland portion of the Columbia river.
     (b) Regardless of whether the department makes a finding of recklessness or negligence under (a) of this subsection, the owner or operator of a tug is not subject to the penalties under (a) of this subsection if there were at least two individuals qualified by the United States coast guard in the control bridge of the tug for the duration of the voyage as recorded in the ship's log, one of whom was assigned to serve exclusively as lookout except during the docking of the vessel.
     (c) The absence of a finding of recklessness or negligence by the department for purposes of the assessment of penalties under this subsection (2) may not be used as a defense to liability under RCW 9A.08.010 or other statutes or common law that establish standards for the determination of recklessness or negligence.
     (3) The penalty assessed in subsection (2) of this section is in addition to any natural resource damages provided for under RCW 90.48.366 or 90.48.367 and any other penalties provided for under this chapter or chapter 90.48 or 88.46 RCW.

NEW SECTION.  Sec. 12   A new section is added to chapter 88.16 RCW to read as follows:
     The department of ecology may issue a penalty of up to ten thousand dollars a day for each violation of RCW 88.16.190 or 88.16.200 or rules adopted under section 8 of this act. Each violation is a separate and distinct offense, and in the case of a continuing violation, every day's continuance is a separate and distinct violation. Every act of commission or omission which procures, aids, or abets in the violation is considered a violation and subject to the penalty. The penalty amount must be set in consideration of the previous history of the violator and the severity of the violation's impact on public health, the environment, or both, in addition to other relevant factors. Penalties under this section shall be imposed pursuant to the procedures set forth in RCW 43.21B.300.

Sec. 13   RCW 43.21B.110 and 2013 c 291 s 33 are each amended to read as follows:
     (1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:
     (a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 76.09.170, 77.55.291, 78.44.250, section 12 of this act, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, section 11 of this act, and 90.64.102.
     (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.
     (c) A final decision by the department or director made under chapter 183, Laws of 2009.
     (d) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under RCW 70.95.300.
     (e) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.
     (f) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.
     (g) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820, and decisions of the department regarding waste-derived soil amendments under RCW 70.95.205.
     (h) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW 90.64.026.
     (i) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.
     (j) Decisions of the department of natural resources, the department of fish and wildlife, and the department that are reviewable under chapter 76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW 76.09.050(7).
     (k) Forest health hazard orders issued by the commissioner of public lands under RCW 76.06.180.
     (l) Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW.
     (m) Decisions of the department of natural resources that are reviewable under RCW 78.44.270.
     (n) Decisions of an authorized public entity under RCW 79.100.010 to take temporary possession or custody of a vessel or to contest the amount of reimbursement owed that are reviewable by the hearings board under RCW 79.100.120.
     (2) The following hearings shall not be conducted by the hearings board:
     (a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.
     (b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
     (c) Appeals of decisions by the department under RCW 90.03.110 and 90.44.220.
     (d) Hearings conducted by the department to adopt, modify, or repeal rules.
     (3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

Sec. 14   RCW 43.21B.110 and 2013 c 291 s 34 are each amended to read as follows:
     (1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:
     (a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 76.09.170, 77.55.291, 78.44.250, section 12 of this act, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, section 11 of this act, and 90.64.102.
     (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.
     (c) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under RCW 70.95.300.
     (d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.
     (e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.
     (f) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820, and decisions of the department regarding waste-derived soil amendments under RCW 70.95.205.
     (g) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW 90.64.026.
     (h) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.
     (i) Decisions of the department of natural resources, the department of fish and wildlife, and the department that are reviewable under chapter 76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW 76.09.050(7).
     (j) Forest health hazard orders issued by the commissioner of public lands under RCW 76.06.180.
     (k) Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW.
     (l) Decisions of the department of natural resources that are reviewable under RCW 78.44.270.
     (m) Decisions of an authorized public entity under RCW 79.100.010 to take temporary possession or custody of a vessel or to contest the amount of reimbursement owed that are reviewable by the hearings board under RCW 79.100.120.
     (2) The following hearings shall not be conducted by the hearings board:
     (a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.
     (b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
     (c) Appeals of decisions by the department under RCW 90.03.110 and 90.44.220.
     (d) Hearings conducted by the department to adopt, modify, or repeal rules.
     (3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

Sec. 15   RCW 43.21B.300 and 2010 c 210 s 12 and 2010 c 84 s 4 are each reenacted and amended to read as follows:
     (1) Any civil penalty provided in RCW 18.104.155, 70.94.431, 70.95.315, 70.105.080, 70.107.050, section 12 of this act, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102 and chapter 90.76 RCW shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity. For penalties issued by local air authorities, within thirty days after the notice is received, the person incurring the penalty may apply in writing to the authority for the remission or mitigation of the penalty. Upon receipt of the application, the authority may remit or mitigate the penalty upon whatever terms the authority in its discretion deems proper. The authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.
     (2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department or authority thirty days after the date of receipt by the person penalized of the notice imposing the penalty or thirty days after the date of receipt of the notice of disposition by a local air authority of the application for relief from penalty.
     (3) A penalty shall become due and payable on the later of:
     (a) Thirty days after receipt of the notice imposing the penalty;
     (b) Thirty days after receipt of the notice of disposition by a local air authority on application for relief from penalty, if such an application is made; or
     (c) Thirty days after receipt of the notice of decision of the hearings board if the penalty is appealed.
     (4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon request of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator does business, to recover the penalty. If the amount of the penalty is not paid to the authority within thirty days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.
     (5) All penalties recovered shall be paid into the state treasury and credited to the general fund except those penalties imposed pursuant to RCW 18.104.155, which shall be credited to the reclamation account as provided in RCW 18.104.155(7), RCW 70.94.431, the disposition of which shall be governed by that provision, RCW 70.105.080, which shall be credited to the hazardous waste control and elimination account created by RCW 70.105.180, RCW 90.56.330, which shall be credited to the coastal protection fund created by RCW 90.48.390, and RCW 90.76.080, which shall be credited to the underground storage tank account created by RCW 90.76.100.

NEW SECTION.  Sec. 16   Section 13 of this act expires June 30, 2019.

NEW SECTION.  Sec. 17   Section 14 of this act takes effect June 30, 2019.

NEW SECTION.  Sec. 18   Section 4 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION.  Sec. 19   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.