Senate Bill 6078 - State of Washington, 66th Legislature (2020 Regular Session)

Summary

Senate Bill 6078, State of Washington, 66th Legislature, 2020 Regular Session, by Senator Mullet, prefiled December 16, 2019. The act relates to clarifying reimbursement for certain clean-up or removal actions by fire protection jurisdictions, adding a new section to chapter 52.30 RCW and a new section to chapter 35.103 RCW. The first new section states that a fire service jurisdiction is entitled to recover from any liable party the actual costs of cleanup or removal of hazardous waste and other hazardous materials, including debris or vehicle operating fluids, when responding to a vehicle accident. The second new section gives a municipal fire department the same entitlement. Each section defines the terms actual costs, insurer, liable party and vehicle.

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Full text

     S-4837.1

                               SENATE BILL 6078


     State of Washington       66th Legislature       2020 Regular Session

     By Senator Mullet

     Prefiled 12/16/19.




1        AN ACT Relating to clarifying reimbursement for certain clean-up
2    or removal actions by fire protection jurisdictions; adding a new
3    section to chapter 52.30 RCW; and adding a new section to chapter
4    35.103 RCW.


5    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 6       NEW SECTION.   Sec. 1.  A new section is added to chapter 52.30
 7   RCW to read as follows:
 8       (1) A fire service jurisdiction is entitled to recover from any
 9   liable party the actual costs associated with the cleanup or removal
10   of hazardous waste and other hazardous materials, including debris or
11   vehicle operating fluids, when responding to a vehicle accident on
12   private or public property, including public roadways. A liable party
13   may submit an invoice for those actual costs incurred by the
14   jurisdiction, for the jurisdiction's cleanup or removal services, to
15   their insurer that provides coverage for property damage for which
16   the party becomes legally obligated, if coverage is found within a
17   liable party's insurance policy. An insurer providing such coverage
18   may issue payment directly to the jurisdiction from available
19   property damage liability coverage contained in the policy. If there
20   are multiple liable parties involved, the jurisdiction may only
21   recover the proportional amount of liability legally determined for
                                     p. 1                           SB 6078
 1   each party. The jurisdiction may not recover from any one liable
 2   party, or all liable parties combined, more than the actual costs
 3   incurred with the cleanup and removal of the hazardous waste and
 4   other hazardous materials, including debris or vehicle operating
 5   fluids, when responding to a vehicle accident on private or public
 6   property, including public roadways.
 7       (2) For the purposes of this section, the definitions in this
 8   subsection apply:
 9       (a) "Actual costs" means the amount necessary to compensate for
10   reasonable personnel time spent at the scene of a vehicle accident
11   and the reasonable cost of any supplies used in the cleanup or
12   removal of hazardous waste and other hazardous materials, including
13   debris or vehicle operating fluids, when responding to a vehicle
14   accident on private or public property, including public roadways.
15       (b) "Fire service jurisdiction" or "jurisdiction" means a fire
16   protection district or regional fire protection service authority.
17       (c) "Insurer" has the same meaning as in RCW 48.01.050.
18       (d) "Liable party" means a person or entity that is legally
19   obligated or responsible for causing a vehicle accident.
20       (e) "Vehicle" means any mode of transportation operated by a
21   liable party and involved in a vehicle accident including, but not
22   limited to, automobiles, trucks, and motorcycles.


23       NEW SECTION. Sec. 2. A new section is added to chapter 35.103
24   RCW to read as follows:
25       (1) A municipal fire department, or department, is entitled to
26   recover from any liable party the actual costs associated with the
27   cleanup or removal of hazardous waste and other hazardous materials,
28   including debris or vehicle operating fluids, when responding to a
29   vehicle accident on private or public property, including public
30   roadways. A liable party may submit an invoice for those actual costs
31   incurred by the department, for the department's cleanup or removal
32   services, to their insurer that provides coverage for property damage
33   for which the party becomes legally obligated, if coverage is found
34   within a liable party's insurance policy. An insurer providing such
35   coverage may issue payment directly to the department from available
36   property damage liability coverage contained in the policy. If there
37   are multiple liable parties involved, the department may only recover
38   the proportional amount of liability legally determined for each
39   party. The department may not recover from any one liable party, or
                                     p. 2                          SB 6078
 1   all liable parties combined, more than the actual costs incurred with
 2   the cleanup and removal of the hazardous waste and other hazardous
 3   materials, including debris or vehicle operating fluids, when
 4   responding to a vehicle accident on private or public property,
 5   including public roadways.
 6       (2) For the purposes of this section, the definitions in this
 7   subsection apply:
 8       (a) "Actual costs" means the amount necessary to compensate for
 9   reasonable personnel time spent at the scene of a vehicle accident
10   and the reasonable cost of any supplies used in the cleanup or
11   removal of hazardous waste and other hazardous materials, including
12   debris or vehicle operating fluids, when responding to a vehicle
13   accident on private or public property, including public roadways.
14       (b) "Insurer" has the same meaning as in RCW 48.01.050.
15       (c) "Liable party" means a person or entity that is legally
16   obligated or responsible for causing a vehicle accident.
17       (d) "Vehicle" means any mode of transportation operated by a
18   liable party and involved in a vehicle accident including, but not
19   limited to, automobiles, trucks, and motorcycles.

                                  --- END ---




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