HB 1578 — Reducing threats to southern resident killer whales by improving the safety of oil transportation.

H-1803.3SUBSTITUTEZ-0439.1HOUSE HOUSE BILL 1578State of Washington66th Legislature2019 Regular SessionByHouseSessionByRepresentatives Environment & Energy (originally sponsored by Representatives Lekanoff, Peterson, Doglio, Fitzgibbon, Shewmake, Robinson, Slatter, Valdez, Bergquist, Morris, Stanford, Tharinger, Cody, Jinkins, Kloba, Pollet, Frame, Davis, and Macri;

by request of Office of the Governor)READGovernorRead FIRSTfirst TIMEtime 02/22/19.AN01/24/19.Referred to Committee on Environment & Energy.AN ACT Relating to reducing threats to southern resident killer whales by improving the safety of oil transportation;

Therefore, it is the intent of the legislature to enact certain new safety requirements designed to reduce the current, acute risk from existing infrastructure and activities of an oil spill that could eradicate our whales, violate the treaty interests and fishing rights of any potentially affected federally recognized Indian tribes, damage commercial fishing prospects, undercut many aspects of the economy that depend on the Salish Sea, and otherwise harm the health and well-being of Washington residents.

Furthermore, it is the intent of the legislature for this act to assistspur in coordinating enhanced international discussions among federal, state, provincial, first nation, federally recognized Indian tribe, and industry leaders in the United States and Canada to develop an agreement for the shared funding of an additional emergency rescue tug available to vessels in distress in the narrow Straits of the San Juan Islands and other boundary waters, which would lessen oil spill risks to the marine environment in both the United States and Canada.Sec.

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))and twenty-five thousand metric 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(e) Such other navigational position location systems as may be prescribed from time to time by the board of pilotage commissioners:))(a)(i) An oil tanker of forty to one hundred twenty-five thousand metric deadweight tons may operate in the waters 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 the San Juan Islands and connected waterways and the waters south of Admiralty Inlet, 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 that have an aggregate shaft horsepower equivalent to at least five percent of the metric deadweight tons of the escorted oil tanker.(ii) Effective October 1, 2019, theoil followingtankers of less than forty thousand metric deadweight tons, and articulated tug barges and waterborne vessels or barges of greater than five thousand metric deadweight tons may operate in Rosario Strait and connected waterways to the east only if the vessel is under the escort of a tug or tugs that have an aggregate shaft horsepower equivalent to at least five percent of the metric deadweight tons of a forty thousand metric deadweight ton oil tanker:tanker.

(A)The Oilrequirements tankersof this subsection may be adjusted by rule by the board of betweenpilotage fivecommissioners, thousandconsistent andwith section 3(3)(b) of this act.(b) An oil tanker, articulated tug barge, or waterborne vessel or barge in ballast is not required to be under the escort of a tug.(c) A tanker assigned a deadweight of less than forty thousand metric deadweight tons;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))and 88.16.180.(3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a) "Articulated tug barge" means a tank barge and a towing vessel joined by hinged or articulated fixed mechanical equipment affixed or connecting to the stern of the tank barge.(b) "Oil tanker" means a self-propelled deep draft tank vessel designed to transport oil in bulk.

and"Oil (B)tanker" does not include an articulated tug bargesbarge andtank towedvessel.(c) waterborne"Waterborne vesselsvessel or bargesbarge" includes any ship, barge, or other watercraft capable of greatertraveling thanon fivethe thousandnavigable deadweightwaters tons.(iii)of Thethis requirementsstate and capable of (a)(ii)transporting any crude oil or petroleum product in quantities of thisten subsection:thousand gallons or more for purposes other than providing fuel for its motor or engine.NEW SECTION.  Sec.

(A) Do not apply to vessels providing bunkering or refueling services;

and (B) may be adjusted by rule by the board of pilotage commissioners, consistent with section 3(3)(b) of this act.(b) An oil tanker, articulated tug barge, or towed waterborne vessel or barge in ballast is not required to be under the escort of a tug.(c) 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))and 88.16.180.(3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a) "Articulated tug barge" means a tank barge and a towing vessel joined by hinged or articulated fixed mechanical equipment affixed or connecting to the stern of the tank barge.(b) "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.(c) "Waterborne vessel or barge" means any ship, barge, or other watercraft capable of traveling on the navigable waters of this state and capable of transporting any crude oil or petroleum product in quantities of ten thousand gallons or more for purposes other than providing fuel for its motor or engine.NEW SECTION.  Sec.

A new section is added to chapter 88.16 RCW to read as follows:(1)(a) By December 31, 2025, the board of pilotage commissioners, in consultation with the department of ecology, must adopt rules regarding tug escorts to address the peculiarities of Puget Sound,Sound withfor theoil exceptiontankers of vesselsless providingthan bunkeringforty orthousand refuelingmetric services,deadweight fortons, thearticulated following:(i)tug Oilbarges, tankersand waterborne vessels or barges of betweengreater than five thousand metric deadweight tons operating in the waters east of the line extending from Discovery Island light south to New Dungeness light and fortyall thousandpoints deadweightin tons;the Puget Sound area.

and(ii)This Articulatedrule making must address the tug bargesescort requirements applicable to Rosario Strait and towedconnected waterbornewaterways vesselsto orthe bargeseast ofestablished greaterin thanRCW five88.16.190(2)(a)(ii), thousandand deadweightmay tons.(b)adjust Thethose rulerequirements.(b) makingTo pursuantachieve tothe rule-making deadline in (a) of this subsectionsubsection, mustthe beboard forof operatingpilotage incommissioners must adhere to the watersfollowing eastinterim ofmilestones:(i) theBy lineSeptember extending1, from2020, Discoveryidentify Islandand lightdefine souththe tozones, Newspecified Dungenessin lightsubsection and(3)(a) allof pointsthis insection, to inform the Pugetanalysis Soundrequired area.under subsection (5) of this section;

Thisand(ii) rule making must address the tug escort requirements applicable to Rosario Strait and connected waterways to the east established in RCW 88.16.190(2)(a)(ii), and may adjust those requirements.(c) To achieve the rule-making deadline in (a) of this subsection, the board of pilotage commissioners must adhere to the following interim milestones:(i) By September 1, 2020:(A)2023, Identifyconsult andwith definestakeholders theas zones,required specifiedunder in subsection (3)(a)(6) of this section,section toand informcomplete the analysis required under subsection (5) of this section;section.

and(B)By CompleteSeptember 1, 2023, the department of ecology must submit a synopsissummary of changingthe results of the analysis required under subsection (5) of this section to the legislature consistent with RCW 43.01.036.(2) When developing rules, the board of pilotage commissioners must consider:(a) The results of the most recently completed vessel traffic trends;risk assessments;(b) The report developed by the department of ecology as required under section 206, chapter 262, Laws of 2018;(c) The recommendations of tribes with usual and accustomed fishing rights in these areas;

and(ii)and(d) ByThe Septemberrecommendations 1,included 2023,in consultthe withsouthern potentiallyresident affectedorca federallytask recognizedforce Indianreport, tribesNovember and2018.(3) stakeholdersIn asthe requiredrules adopted under subsectionthis (6)section, the board of thispilotage sectioncommissioners andmust:(a) completeMake decisions about risk protection on the analysisbasis requiredof undergeographic zones in the waters specified in subsection (5)(1)(a) of this section.

By September 1, 2023, the department of ecology must submit a summary of the results of the analysis required under subsection (5) of this section to the legislature consistent with RCW 43.01.036.(2) When developing rules, the board of pilotage commissioners must consider recommendations of any potentially affected federally recognized Indian tribes, and:(a) The results of the most recently completed vessel traffic risk assessments;(b) The report developed by the department of ecology as required under section 206, chapter 262, Laws of 2018;(c) The recommendations included in the southern resident orca task force report, November 2018;

and(d) Changing vessel traffic trends, including the synopsis required under subsection (1)(c)(i)(B) of this section.(3) In the rules adopted under this section, the board of pilotage commissioners must:(a) Make decisions about risk protection on the basis of geographic zones in the waters specified in subsection (1)(b) of this section.

and (ii) Haro Strait and Boundary Pass;(b) Specify operational requirements, such as tethering, for tug escorts;(c) Include functionality requirements for tug escorts, such as aggregate shaft horsepower for tethered tug escorts;(d)escorts; Be designed to achieve best achievable protection, as defined under RCW 88.46.010, as informed by consideration of:(i) Accident records in British Columbia and Washington waters;(ii) Existing propulsion and design standards for covered tank vessels;

and(iii)and(d) TheBe characteristicsdesigned ofto theachieve waterways;best achievable protection, as defined under RCW 88.46.010, as informed by consideration of:(i) Accident records in British Columbia and Washington waters;(ii) Existing propulsion and design standards for covered tank vessels;

and(e)and(iii) PublishThe acharacteristics document that identifies the sources of information that it relied upon in developing the rules,waterways.(4) including any sources of peer-reviewed science.(4) The rules adopted under this section may not require oil tankers, articulated tug barges, towed waterborne vessels, or barges to be under the escort of a tug when these vessels are in ballast.(5) To inform rule making, the board of pilotage commissioners must conduct an analysis of tug escorts using the model developed by the department of ecology under section 5 of this act.

The board of pilotage commissioners may:(a) Develop subsets of oil tankers,tankers of less than forty thousand metric deadweight tons, and articulated tug barges,barges and towed waterborne vessels or barges,barges of greater than five thousand metric deadweight tons, and situations that could preclude the requirements of the rule making for a given zone or vessel;

and(b) Enter into an interagency agreement with the department of ecology to assist with conducting the analysis and developing the rules.(6) The board of pilotage commissioners must consult with the United States coast guard, the Puget Sound harbor safety committee, anytreaty potentially affected federally recognized Indian tribes, ports, local governments, state agencies, and other appropriate entities before adopting tug escort rules for Puget Sound.

Considering relevant information elicited during the consultations required under this subsection, the board of pilotage commissioners must also design the rules with a goal of avoiding or minimizing the impacts of underwater noise from vessels in the Salish Sea, focusing vessel traffic into established shipping lanes, protecting and minimizing vessel traffic impacts to established treaty fishing areas, and respecting and preserving the treaty-protected interests and fishing rights of any potentially affected federally recognized Indian tribes.(7)tribes in the Salish Sea.(7) Rules adopted under this section must be periodically updated consistent with section 6 of this act.(8) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a) "Articulated tug barge" means a tank barge and a towing vessel joined by hinged or articulated fixed mechanical equipment affixed or connecting to the stern of the tank barge.(b) "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.(c) "Waterborne vessels or barges" meansincludes any ship, barge, or other watercraft capable of traveling on the navigable waters of this state and capable of transporting any crude oil or petroleum product in quantities of ten thousand gallons or more for purposes other than providing fuel for its motor or engine.NEW SECTION.  Sec.

In all instances of use by the department, the department must be responsible for the cost of its use of an emergency response towing vessel;(e) Not allow the emergency response towing vessel to be restricted from responding to distressed vessels that are not covered vessels;(f) Require the owner or operator of a vessel that receives assistance from the emergency response towing vessel to submit a written report to the department as soon as practicable regarding the deployment of the emergency response system;(g) Be designed with a goal of avoiding or minimizing the impacts of underwater noise from vessels in the Salish Sea, focusing vessel traffic into established shipping lanes, protecting and minimizing vessel traffic impacts to established fishing areas, and respecting and preserving the treaty-protected interests and fishing rights of any potentially affected federally recognized Indian tribes;(h)tribes in the Salish Sea;(h) Be designed to maximize the incremental risk reduction offered by an emergency response system in light of the requirements established in or authorized by RCW 88.16.190;(i) Consider whether the adoption of rules under this section would establish the perverse effects of either:(i) Encouraging the development of or mitigating the impacts of oil infrastructure in British Columbia;

or(ii) Discouraging regulatory authorities in Canada from establishing tug escorts, emergency response systems, or similar maritime safety requirements for vessels operating in international boundary waters;(j) Consider input received during the 2019 Salish Sea shared waters forum;(k) Be carried out in consultation with the entities identified in section 3(6) of this act;(l) Rely, in part, upon analysis of the emergency response towing vessel using the model developed by the department under section 5 of this act;

and(m)and(l) BeRely, supportedin bypart, aupon documentanalysis publishedof by the departmentemergency thatresponse identifiestowing thevessel sourcesusing ofthe informationmodel thatdeveloped itby relied upon in developing the rules,department includingunder anysection sources5 of peer-reviewedthis science.(2)act.(2) Rules adopted under this section must be periodically updated consistent with section 6 of this act.(3) The department must prioritize Haro Strait and Boundary Pass as the initial focus of analysis conducted in support of rule-making processes under this section.NEW SECTION.  Sec.

and (iii) consultation with the United States coast guard, any potentially affected federally recognized Indian tribes, and stakeholders;

and(b) Seek participation from tribes, first nations, and stakeholders that, at minimum, includes representatives of the following:

State, provincial, and federal governmental entities, regulated entities, and environmental organizations((,organizations, tribes, and first nations)).(3)nations.(3) The Salish Sea shared waters forum must meet at least once per year to consider the following:(a) Gaps and conflicts in oil spill policies, regulations, and laws;(b) Opportunities to reduce oil spill risk, including requiring tug escorts for oil tankers, articulated tug barges, and ((other))towedother waterborne vessels or barges;(c) Enhancing oil spill prevention, preparedness, and response capacity;

and(d) Whether an emergency response system in Haro Strait, Boundary Pass, and Rosario Strait, similar to the system implemented by the maritime industry pursuant to RCW 88.46.130, will decrease oil spill risk and how to fund such a shared system.(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a) "Articulated tug barge" means a tank barge and a towing vessel joined by hinged or articulated fixed mechanical equipment affixed or connecting to the stern of the tank barge.(b) "Waterborne vessel or barge" means((means))includes any ship, barge, or other watercraft capable of traveling on the navigable waters of this state and capable of transporting any crude oil or petroleum product in quantities of ten thousand gallons or more for purposes other than providing fuel for its motor or engine.(5) In advance of the 2019 meeting of the Salish Sea shared waters forum, the department must partner with organizations such as, but not limited to, the coast Salish gathering, which providesis athe transboundary natural resource policy dialogue of elected officials representing federal, state, provincial, first nations, and tribal governments within the Salish Sea, to discuss the specifics of how the shared system described in subsection (3)(d) of this section could be funded.

The 2019 meeting of the Salish Sea shared waters forum must include continued discussion of the specifics ofcovered funding.(6)on this topic during the coast Salish gathering.(6) This section expires July 1, 2021.Sec.

With respect to thethe(4) informationA reportedfacility providing advance notice under this section is not responsible for meeting advance notice time frame requirements under subsection (1)(a)(1) of this section,section in the informationevent publishedthat by the departmentschedule mustof bearrivals aggregatedof onrailroad cars carrying crude oil changes during a statewideseven-day basisperiod.(5) byConsistent routewith throughthe requirements of chapter 42.56 RCW, the department and any state, bylocal, week,tribal, andor bypublic typeagency ofthat crudereceives oil.information provided under this section may not disclose any such information to the public or to nongovernmental entities that contains proprietary, commercial, or financial information unless that information is aggregated.

The report may also include other information available to the department including, but not limited to, place of origin, modes of transport, number of railroad cars delivering crude oil, and number and volume of spills during transport and delivery.(4) A facility providing advance notice under this section is not responsible for meeting advance notice time frame requirements under subsection (1) of this section in the event that the schedule of arrivals of railroad cars carrying crude oil changes during a seven-day period.(5) Consistent with the requirements of chapter 42.56 RCW, the department and any state, local, tribal, or public agency that receives information provided under this section may not disclose any such information to the public or to nongovernmental entities that contains proprietary, commercial, or financial information unless that information is aggregated.