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Senate Bill Report SB 6078 — Reimbursement for clean-up or removal actions by fire protection jurisdictions

Summary

This is a Senate Bill Report on SB 6078, as of January 16, 2020, for the Senate Committee on Financial Institutions, Economic Development & Trade, with Senator Mullet listed as sponsor. The bill is titled An act relating to clarifying reimbursement for certain clean-up or removal actions by fire protection jurisdictions. Under the Summary of Bill, fire districts, regional fire protection service authorities, and municipal fire departments are entitled to recover from any liable party the actual costs of cleanup or removal of hazardous waste and other hazardous materials, only when coverage is found within a liable party's insurance policy. The testimony summary states that the insurance industry was opposed last year but is not opposed this year.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Report
Date
2020-01-21
Case
2020 01 21 A26305 D209521 Bill Report 6078 Sba Fiet 20 Ta

Cite this document

“Senate Bill Report SB 6078 — Reimbursement for clean-up or removal actions by fire protection jurisdictions.” Original at app.leg.wa.gov, dated 2020-01-21. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-21-2020-01-21-a26305-d209521-bill-report-6078-sba-fiet-20-ta/, SHA-256 c994289d9f5228a3d5262eb9d6c78d16b339c5940103ecd621b3d35cb4f1bba3.

Full text

                             SENATE BILL REPORT
                                   SB 6078

                                      As of January 16, 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: Available.

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

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

    Staff Summary of Public Testimony: PRO: Insurance industry and municipal fire districts
    came to a good compromise. Cleaning up after a car accident and keeping hazardous
    materials out of a storm drain are not currently covered costs that can be reimbursed. There
    had not been clarity on this type of billing for absorbent material so that fluids do not get in a
    drain. Insurance industry was objecting more and more to covering this cost. The bill before
    you is a clarification more than anything. When you have a lot of these accidents, costs to
    fire municipalities really add up. A reimbursement can only be made when a legitimate
    request is made.

    OTHER: The insurance industry was opposed last year, but is not opposed this year.

    Persons Testifying: PRO: Senator Mark Mullet, Prime Sponsor; Kevin O'Brien, Snohomish
    County Fire District 7, Fire Chief; John Nohr, Clark County Fire & Rescue, Fire Chief;
    Dylan Doty, Washington Fire Chiefs Association.



Senate Bill Report                               -2-                                           SB 6078
    OTHER: Mel Sorensen, American Property and Casualty Insurance Association.; Jean
    Leonard, National Association of Mutual Insurance Companies; Dan McGrady, PEMCO
    Insurance.

    Persons Signed In To Testify But Not Testifying: No one.




Senate Bill Report                          -3-                              SB 6078

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