HOUSE BILL REPORT

HB 154

BYRepresentatives Spanel, D. Sommers, Cooper, Doty, Betrozoff and Rayburn; by request of Washington State Patrol

Designating hazardous materials coordinating agencies.

House Committe on Transportation

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (26)

     Signed by Representatives Walk, Chair; Baugher, Vice Chair; Betrozoff, Brough, Cantwell, Cooper, Day, Dellwo, Doty, Fisher, Gallagher, Hankins, Heavey, Kremen, Meyers, Patrick, Prince, Schmidt, C. Smith, D. Sommers, Spanel, Sutherland, Todd, K. Wilson, S. Wilson and Zellinsky.

House Staff:Mary McLaughlin (786-7309)

AS REPORTED BY COMMITTEE ON TRANSPORTATION FEBRUARY 16, 1987

BACKGROUND:

In 1982 legislation was enacted defining the procedures to be followed for designating hazardous materials coordinating agencies.  The intent was to promote and encourage advanced planning, cooperation, and mutual assistance between applicable political subdivisions and persons with the equipment, personnel and expertise in handling hazardous material incidents. The law also established limitations on the liability an individual, corporation or association could incur for properly responding to an incident ("Good Samaritan Law").

Political subdivisions were required to designate an incident command agency. The Washington State Patrol (WSP) assumed the role of command agency along state and interstate highway corridors unless, through mutual agreement, the role was assumed by another designated incident command agency.  If a political subdivision did not designate an incident coordinating agency within six months from enactment, the WSP assumed the role until such time as the designation was made.

In 1984 the law was amended in an attempt to eliminate jurisdictional confusion.  The patrol's authority to assume the command role was removed, and the designation of an incident command agency by a political subdivision was made discretionary.  Concerns have since been raised regarding the potential problems which could occur by not assigning a group to handle hazardous material incidents in the remote areas of the state.

A public agency (local government agency, political subdivision or unit, including municipal and quasi-municipal corporations, special purpose and local service districts, state or federal agencies, etc.) is not immune from liability when acting in good faith in its capacity as a designated incident command agency, or when responding to a request for assistance from another incident command agency.  The written agreement forms executed prior to or at the scene of the incident deny immunity to a public employee acting in his/her official capacity at the scene of an incident.

SUMMARY:

SUBSTITUTE BILL:  The 1982 language regarding the designation of a hazardous materials incident command agency is restored:  (1) Political subdivisions are required to designate an incident command agency; and (2) If a political subdivision does not designate a command agency within six months from enactment, the Washington State Patrol assumes the role until such time as a designation is made.  In political subdivisions where an incident command agency has been designated, the patrol will continue to respond and provide assistance to the incident commander.

The criteria for immunity from liability under the "Good Samaritan Law" is broadened to include:  (1) An incident command agency when acting in good faith in performing its duties, and (2) a public agency when properly responding to a request for assistance from an incident command agency, if a written agreement prior to or at the scene of the incident is executed between the parties.  Consistent with the expanded immunity provisions, language in the written agreements executed prior to or at the scene of the incident denying a public employee immunity from liability when acting in his/her official duty is deleted.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Immunity is changed to include incident command and public agencies, definition of command agency representative is restored, definition of public agency is established, the need to execute a written agreement for purposes of immunity is restored, written agreement forms changed to grant public employees acting in their official roles immunity, and technical changes are made for clarification and consistency.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Captain Rick Jensen, Washington State Patrol; Otto Jensen, Washington Fire Chiefs Association.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     The designation of an incident command agency (a political subdivision or the patrol) will eliminate the potential problems that may arise when responding to a hazardous materials incident in remote areas of the state.  The Good Samaritan immunity provisions should be extended to a command agency acting in the good faith performance of its duties, and a public agency responding to a request for assistance from the command agency.

House Committee - Testimony Against: None Presented.