HOUSE BILL REPORT

HJM 4026

BYRepresentatives Phillips, Sayan, Rust, D. Sommers, G. Fisher, Walker, Fraser, Valle, Spanel, Sprenkle, Jones and Brekke

Requesting Congress to address oil spills and vessel standards and operating procedures.

House Committe on Environmental Affairs

Majority Report:  Do pass.  (11)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; D. Sommers, Ranking Republican Member; Brekke, G. Fisher, Fraser, Phillips, Pruitt, Sprenkle, Van Luven and Walker.

Minority Report:  Without recommendation.  (1)

      Signed by Representative Schoon.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON ENVIRONMENTAL AFFAIRS

FEBRUARY 2, 1990

BACKGROUND:

A considerable amount of oil and hazardous substances is shipped over Washington state waters.  According to a recent survey conducted for the States/B.C. Task Force on Oil Spills, there are over 700 oil tanker trips in Washington state waters each year.  There are many more barge trips.

The United States Coast Guard has regulatory authority over domestic oil tanker design and operation.  Foreign flag tankers are subject to much less oversight.  In the 1970s, the Legislature enacted a number of measures to limit the size of tankers that could enter Puget Sound and imposed regulations on the design of tankers.  The United States Supreme Court struck down most of those provisions, finding that these were matters for federal control.

The United States Coast Guard operates a Vessel Traffic Safety (VTS) system on portions of Puget Sound.  The VTS system has some blind spots and does not extend south of Vashon Island.  Vessels of over 300 gross tons, not including barges, passenger vessels of more than 100 gross tons, and some additional commercial vessels, are required to participate in the VTS.  The participation does not generally include directives from the Coast Guard about which lanes and at what speed the vessel should travel.  In addition, the current Vessel Tracking Center in Seattle has radar equipment which is approximately 10 years old and is obsolete.  One estimate is that upgrading this equipment would cost approximately $20 to $25 million.

The Coast Guard is also responsible for establishing standards for personnel and operation of United States flag vessels.

Both the United States House of Representatives and the Senate have passed bills relating to oil spill liability, contingency planning, and prevention.  These bills both preserve existing state authority to impose liability for persons responsible for oil spills.  The House measure does, however, call for Senate ratification of International Protocols governing the maximum liability for injuries caused by oil spills.  The limits in the International Protocols are less than can be imposed by this state. If the International Protocols are adopted, the state would be preempted from imposing liability above the level established in the protocol.

SUMMARY:

SUBSTITUTE MEMORIAL:  Congress is requested to require all oil tankers to have double hulls if current studies show this will prevent oil spills.  Congress is also asked to preserve the states' authority to enforce their own limits of liability for damage caused by oil spills.  Congress is requested not to ratify the International Protocols preempting state liability and to permit states to adopt appropriate standards for the operation and design of vessels which enter state waters.

Congress is also requested to appropriate sufficient funds to the Coast Guard so that it may fulfill all of its marine safety responsibilities.  Congress is requested to appropriate funds for the upgrading of the Puget Sound Vessel Traffic Safety system and to require all vessels to use the system.  Congress is also requested to direct the Coast Guard to study oil tanker manning standards and to adopt standards which will assure the safety of the vessels in other than normal conditions.

SUBSTITUTE MEMORIAL COMPARED TO ORIGINAL:  The substitute clarifies some of the statements describing Coast Guard manning standards and deletes a statement of the amount spent by EXXON to clean up the Valdez oil spill.  A statement is added describing the purpose of the Vessel Traffic Safety system.  The request that Congress require oil tankers to have double hulls is conditioned on the results of current studies.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Representative Larry Phillips, Prime Sponsor.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    The federal government is responsible for many aspects of the marine oil transportation system.  This memorial requests Congress and federal agencies to accept their responsibilities and reduce the likelihood of oil spills.

House Committee - Testimony Against:      None.