NEW SECTION. Sec. 17. "A new section is added to chapter 88.16 RCW to read as follows:
(1)(a) The department of ecology must adopt rules for tug escort requirements or other safety measures for oil tankers of greater than forty thousand deadweight tons, all articulated tug barges, and other towed waterborne vessels or barges that may apply to an area within a two-mile radius of the Grays Harbor pilotage district as defined in RCW
88.16.050. The department of ecology may rely upon information and recommendations provided by the panel under section 16 of this act.
(b) Rules adopted under this section must:
(i) Be designed to achieve best achievable protection as defined in RCW
88.46.010;
(ii) Ensure that any escort tugs used have an aggregate shaft horsepower equivalent to at least five percent of the deadweight tons of the escorted oil tanker or articulated tug barge; and
(iii) Ensure that escort tugs have sufficient mechanical capabilities to provide for safe escort.
(2) The department of ecology shall not adopt rules under this section until a state agency or a local jurisdiction makes a final determination or issues a final permit after January 1, 2015, to site at Grays Harbor a new facility required to have a contingency plan pursuant to chapter
90.56 RCW or to provide authority for the first time to process or receive crude oil, to an existing facility at Grays Harbor required to have a contingency plan pursuant to chapter
90.56 RCW, other than a facility that is a pipeline."
EFFECT: Requires the department of ecology to adopt rules for tug escorts and safety measures for oil tankers in Grays Harbor. The rules may not be adopted until a final determination or a final permit is issued after January 1, 2015, to site a new facility or authorize an existing facility, that is required to have an oil spill contingency plan, or authorize an existing facility, that is required to have an oil spill contingency plan, to process or receive crude oil for the first time.