Senate Bill Report — SB 6078, As of January 14, 2020

Summary

A Senate Bill Report on SB 6078, as of January 14, 2020, for the Senate Committee on Financial Institutions, Economic Development & Trade, showing committee activity on 1/16/20. The bill, sponsored by Senator Mullet, concerns clarifying reimbursement for certain clean-up or removal actions by fire protection jurisdictions. The brief summary states that it entitles fire protection districts, regional fire protection service authorities, and municipal fire departments to recover actual costs of cleanup or removal of hazardous waste and other hazardous materials from insurers. The summary of the bill states that recovery applies only when coverage is found within a liable party's insurance policy. The report lists Appropriation: None.

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                             SENATE BILL REPORT
                                   SB 6078

                                      As of January 14, 2020

Title: An act relating to clarifying reimbursement for certain clean-up or removal actions by fire
    protection jurisdictions.

Brief Description: Clarifying reimbursement for certain clean-up or removal actions by fire
   protection jurisdictions.

Sponsors: Senator Mullet.

Brief History:
   Committee Activity: Financial Institutions, Economic Development & Trade: 1/16/20.

                                      Brief Summary of Bill
          Ÿ Entitles fire protection districts, regional fire protection service
            authorities, and municipal fire departments to recover the actual costs
            associated with cleanup or removal of hazardous waste and other
            hazardous materials from insurers.


SENATE  COMMITTEE                  ON      FINANCIAL          INSTITUTIONS,           ECONOMIC
DEVELOPMENT & TRADE

    Staff: Clint McCarthy (786-7319)

    Background: Fire Protection Districts. Fire protection districts (fire districts) are a type of
    special purpose district created to provide fire prevention, fire suppression, and emergency
    medical services within a district's boundaries. Generally, districts serve residents outside of
    cities or towns, except when cities and towns have been annexed into a district or when the
    district continues to provide service to a newly incorporated area. A fire district may be
    established through election or a petition signed by 60 percent of voters. Fire districts are
    governed by a board of three, five, or seven elected fire commissioners.

    Municipal Fire Department. A municipal fire department is a city or town fire department
    responsible for firefighting actions, emergency medical services, and other special operations
    in a specified geographic area. The department must be composed of mostly career
    firefighters, not volunteers.
––––––––––––––––––––––
    This analysis was prepared by non-partisan legislative staff for the use of legislative
    members in their deliberations. This analysis is not a part of the legislation nor does it
    constitute a statement of legislative intent.

Senate Bill Report                              -1-                                          SB 6078
    Regional Fire Protection Service Authority. Regional fire protection service authorities
    (RFAs) are municipal corporations established to provide regional fire protection and
    emergency services within their jurisdictional boundaries. An RFA is formed through
    merging two or more fire protection jurisdictions located within a reasonable proximity of
    each other, including fire districts, cities, towns, port districts, municipal airports, and Indian
    tribes.

    Hazardous Materials Incident Liability. Any person transporting hazardous materials, other
    than the operating employees of a transportation company, is liable to the state, a municipal
    fire department, a fire district, or any political subdivision for extraordinary costs incurred in
    the course of protecting the public from actual or threatened harm resulting from a hazardous
    materials incident.

    Summary of Bill: Fire districts, RFAs, and municipal fire departments (fire service
    jurisdictions) are entitled to recover, from any liable party, the actual costs associated with
    cleanup or removal of hazardous waste and other hazardous materials when responding to an
    incident only when coverage is found within a liable party's insurance policy.

    The liable party may submit the actual costs from the fire service jurisdiction to any insurer
    that provides coverage for property damage the liable party is legally obligated or responsible
    for causing if coverage is found within a liable party's insurance policy. If there are multiple
    liable parties involved in an incident the fire service jurisdiction may only recover the
    proportional amount of liability legally determined for each party.

    Appropriation: None.

    Fiscal Note: Requested on January 6, 2020.

    Creates Committee/Commission/Task Force that includes Legislative members: No.

    Effective Date: Ninety days after adjournment of session in which bill is passed.




Senate Bill Report                               -2-                                           SB 6078


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