Section 90.56.335. Vessel response account—Dedicated rescue tug.

The vessel response account is created in the state treasury. Grants, gifts, and federal funds may be deposited into the account. Oil spill penalties assessed against ships under RCW 90.56.330 and 90.48.144 shall also be deposited into the account as well as the money distributed under *RCW 46.68.020(2). Moneys in the account may be spent only after appropriation. The department of ecology is authorized to utilize the vessel response account to preposition a dedicated rescue tug at the entrance to the Strait of Juan de Fuca to reduce the risk of major maritime accidents and oil spills on the outer coast and western strait. Prior to authorizing the rescue tug to respond to a distressed vessel, the department shall work with the United States coast guard and industry to determine if another capable, unencumbered commercial tug is available in the area that can respond. If such a tug can respond without increasing the risk of a casualty, it should be deployed as the tug of choice and the state-contracted rescue tug should not be taken off standby duty. The department is also authorized to spot charter tugs as needed during major storms and other high risk periods to protect maritime commerce and the environment anywhere in state waters.

The department shall not proceed with rule making related to emergency towing pursuant to chapter 88.46 RCW, so long as the deposit of the fee into the vessel response account under *RCW 46.68.020(2) is continued and is appropriated for the purpose of the dedicated rescue tug.

During the 2015-2017 fiscal biennium, the legislature may transfer from the vessel response account to the environmental legacy stewardship account such amounts as reflect the excess fund balance of the account.

[ 2016 1st sp.s. c 36 § 950; 2003 c 264 § 3.]

NOTES:

*Reviser's note: The deposit of moneys into the vessel response account as referenced here in RCW 46.68.020(2) appears to have expired on July 1, 2008. RCW 46.68.020 was subsequently amended by 2011 c 171 § 84, deleting subsection (2).

Effective date—2016 1st sp.s. c 36: See note following RCW 18.20.430.

Expiration date—2003 c 264 § 3: "Section 3 of this act expires July 1, 2020." [ 2005 c 295 § 10; 2003 c 264 § 9.]

2016 1st sp.s. c 36 § 950; 2003 c 264 § 3.