SB 5578 — Reducing threats to southern resident killer whales by improving the safety of oil transportation.

S-1526.2SUBSTITUTEZ-0452.1SENATE SENATE BILL 5578State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenators Environment, Energy & Technology (originally sponsored by Senators Van De Wege, Liias, Carlyle, Frockt, Billig, Conway, Hunt, Pedersen, Palumbo, McCoy, Dhingra, Keiser, Kuderer, Saldaña, and Wilson, C.;

by request of Office of the Governor)READGovernorRead FIRSTfirst TIMEtime 02/08/19.AN01/24/19.Referred to Committee on Environment, Energy & Technology.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 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.

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, with the exception of vessels providing bunkering or refueling services, oil tankers 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.

The requirements of this subsection 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 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 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" 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.

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 with the exception of vessels providing bunkering or refueling services, for oil tankers of less than forty thousand metric deadweight tons, articulated tug barges, and waterborne vessels or barges of greater 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 all points in the Puget Sound area.

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:(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 of anytribes potentiallywith affectedusual federallyand recognizedaccustomed Indianfishing tribes;rights in these areas;

The board of pilotage commissioners may:(a) Develop subsets of oil tankers 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, 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 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 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;

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

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.