CHAPTER 32


97-S 0898A
Approved Jun. 30, 1997


AN ACT RELATING TO WATERS AND NAVIGATION - TANK VESSEL SAFETY

It is enacted by the General Assembly as follows

SECTION 1. Chapter 46-12.5 of the general laws entitled "Oil Spill Pollution Prevention and Control Act" is hereby repealed its entirety.

{DEL 46-12.5-.09. Short title. (Effective June 1, 1997.). -- DEL} {DEL This chapter shall be known and may be cited as the "Oil Spill Pollution Prevention and Control Act". DEL}

{DEL 46-12.5-1. Definitions. -- DEL} {DEL As used in this chapter these terms shall, where the context permits, be construed to mean:

(1) "Coastal" means state waters that are not inland waters;

(2) "Containment and cleanup" includes all direct and indirect efforts associated with the prevention, abatement, containment, or removal of a pollutant, the restoration of the environment to its former state, and all incidental administrative costs;

(3) "Department" means the department of environmental management or its successor;

(4) "Director" means the director of the department of environmental management;

(5) "Double hull" is defined and has the meaning given under 33 CFR 157.03 (kk).

(6) "Inland" means state waters where a pilot or pilotage license endorsement is required by state or federal law for any self-propelled vessel or any river, stream, brook, pond or lake.

(7) "Oil" means oil of any kind and in any form, whether crude, refined, or a petroleum by product, including, but not limited to, petroleum, fuel oil, gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with other wastes, crude oils, liquified natural gas, propane, butane, or other liquid hydrocarbons regardless of specific gravity;

(8) "Oil pollution" means discharging, causing to be discharged, or permitting the discharge of oil into or upon the waters of this state, or to construct or install any industrial, commercial, or other establishment, to make any modification or addition thereto, or to undertake any development which may result in the discharge of oil into the waters of the state, unless the discharge is made to a system or means to prevent pollution approved by the director;

(9) "Operator" or "Master" may be used interchangeably and means the person who, through contract, lease, sublease, or otherwise, exerts general supervision and control of activities including, but not limited to, a prime general contractor, the "master" of a vessel as used in the traditional context and the master's employer or any other person who, personally or through an agent or contractor, undertakes the general functioning of the facility;

(10) "Owner" means the person who alone or in conjunction with others owns a vessel or facility.

(11) "Person" shall include an individual, trust, firm, joint stock company, corporation (including a quasi government corporation), municipality, municipal or state agency, fire district, club, nonprofit agency, or country;

(12) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment;

(13) "Restricted visibility" means visibility is limited because of fog, mist, precipitation, sand storms or other condition limiting visibility.

(14) "Tank barge" means a tank vessel without a means of self-propulsion or a self-propelled tank vessel less than forty meters (one hundred thirty (130) feet) in overall length.

(15) "Tank vessel" means any ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:

(i) Operates on the waters of the state; or

(ii) Transfers oil in a port or place subject to the jurisdiction of the state.

(16) "Topping off" means the period of time oil is received in the last ten percent (10%) of available tank capacity in any cargo tank.

(17) "Vessel" means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, whether self propelled or otherwise, and shall include barges and tugs.

(18) "Waters of the state" shall include any and all surface waters which are contained within, flow through, or border upon the state or any portion thereof, including all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond or lake; all ground waters and wetlands of the state; and all coastal waters within the jurisdiction of the state. DEL}

{DEL 46-12.5-2. Powers and duties of the director. -- DEL} {DEL In addition to the other powers granted the director of environmental management, the director shall have and may exercise these powers and duties:

(1) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated hereunder;

(2) To promulgate rules and regulations for the transportation of oil on the waters and over the land of this state; for the emergency response for the containment, cleanup, and abatement of a discharge of oil; for the assessment of penalties and recovery of costs and of damages as set forth in this chapter; and for any other procedures necessary for the implementation of this chapter.

(3) To promulgate rules and regulations for oil discharge contingency plans. The rules and regulations may at the minimum:

(i) Prohibit the transfer of oil to or from a tank vessel or oil barge without an oil discharge contingency plan that the appropriate authority has approved;

(ii) Require proof of financial responsibility by the owner or operator of the tank vessel or oil barge; and

(iii) Address catastrophic oil discharges.

(4) To exercise all incidental powers necessary to carry out the purposes of this chapter.

(5) Nothing in this chapter shall be construed to abridge the powers and duties of the director over water pollution, including the discharge of oil, as established in this title, or in chapter 17.1 or 35 of title 42, or in title 23. DEL}

{DEL 46-12.5-3. Prohibition against oil pollution. -- DEL} {DEL (a) No person shall discharge, cause to be discharged, or permit the discharge of oil into, or upon the waters or land of the state except by regulation or by permit from the director.

(b) Any person who violates any provision of this chapter or any rule or regulation or order of the director issued pursuant to this chapter shall be strictly liable to the state. DEL}

{DEL 46-12.5-4. Ballast water discharge. -- DEL} {DEL (a) Except as provided in subsection (b) of this section, no person shall cause or permit the discharge of contaminated ballast water from a vessel into the water of the state. A tank vessel may not take on oil or a petroleum product or by-product as cargo unless the master of the vessel certifies that the vessel has arrived in port without having discharged contaminated ballast into the waters of the state.

(b) The master of a vessel may discharge contaminated ballast water from a vessel only if it is necessary for the safety of the vessel and no alternative action is feasible to ensure the safety of

the vessel. DEL}

{DEL 46-12.5-5. Event and discharge reporting. -- DEL} {DEL A person in charge of a facility, operation or vessel, as soon as the person has knowledge of any discharge from the facility, operation, or vessel in violation of this chapter shall, in a timely fashion, notify the department of the discharge event.

(1) For the purposes of this section, "event" means:

(a) a collision;

(b) an allision;

(c) a marine casualty;

(d) a disabled vessel, which means an accidental or intentional grounding, failure of the propulsion or primary steering systems, failure of a component or control system that reduces the vessel's maneuverability, or fire, flood, or other incident that affects the vessel's seaworthiness or fitness for service;

(e) for a tank barge, damaged towing gear.

(2) The owner or operator, or any person in charge of a facility, operation, or vessel, shall notify the director of any event which has occurred in the waters of the state. This notification should be submitted in the form of a report, containing the information required by subsection (3) of this section. The owner, operator, or person in charge shall submit the report immediately on request by the director.

If the director makes no request, the owner, operator, or person in charge shall submit a report no later than thirty (30) days after the date of the event.

(3) The report of an event, as submitted to the director, must include the following information:

(a) The date, time, and location of the event;

(b) The weather conditions at the time of the event;

(c) The vessel operations underway at the time of the event;

(d) The identity of any facilities and any other vessels involved in the event;

(e) The type and amount of any oil spilled, and the estimated amount recovered;

(f) A list of any government agencies to which the event was reported;

(g) A brief analysis of any known causes and contributing factors for each event that considers, at a minimum, human error, equipment or technology failure, and maintenance or inspection deficiencies;

(h) A description of measures taken to prevent a recurrence of each event, including changes to operation or maintenance procedures, personnel policies, vessel crew and organization, and the vessel's technology.

(4) Failure to submit a complete event report in accordance with the specifications of this section shall be deemed a violation of this chapter. DEL}

{DEL 46-12.5-6. Civil penalties for discharge of oil. -- DEL} {DEL (a) The legislature finds that

(1) Oil is important as an energy source to the people of the state; however, the discharge of oil in any quantity may have a substantial permanent or negative impact on the public health and environment and the economy of this state in that it contaminates the land and water supplies and renders land unfit for use and water unfit for use and consumption; degrades, damages, and destroys the abundant natural beauty of the state; and kills marine and aquatic organisms at all stages of development;

(2) The citizens of this state should not have to bear the burdens of the cleanup and the losses of economic livelihood that result from the discharge of oil in any degree; and

(3) Substantial civil penalties should be imposed in order to provide an incentive to insure the safe handling of oil and to prevent the discharge of oil onto the land or into the waters of the state;

(b) The director shall promulgate rules and regulations pursuant to the Administrative Procedures Act, as set forth in chapter 35 of title 42, that establish administrative penalties for discharges of oil, which penalties shall not exceed the sum of twenty five thousand dollars ($25,000) for each day during which the violation occurs. In determining the administrative penalty for the discharge of oil, the director shall consider several factors, including, but not limited to:

(1) The type of environment that the discharge oil enters, such as, but not limited to, a stream or tributary thereto that is capable of or has historically supported anadromous fish; a freshwater environment with significant or substantial aquatic resources; or an estuarine, intertidal, or salt water environment;

(2) The amount of oil spilled;

(3) The type of oil spilled;

(4) The toxicity, degradability, and dispersal characteristics of the oil spilled; and

(5) Any mitigating action that the vessel master or the facility owner or operator may have taken to stop or to control the discharge of oil.

(c) The entire penalty specified in the regulations shall be imposed, except that a person who discharges oil into a receiving environment may demonstrate, by a preponderance of evidence, that mitigating circumstances relating to the effects of the discharge would make imposition of the full penalty inappropriate. If mitigating circumstances are proven by a preponderance of the evidence, the director may reduce or eliminate the penalty, in accordance with the purposes of this section.

(d) A person otherwise liable for administrative penalties under subsection (e) of this section shall not be liable if the person demonstrates, by a preponderance of the evidence, that the discharge occurred solely as a result of:

(1) An act of God;

(2) An act of a third person, unless the third person is a person with whom the person charged is made jointly and severally liable under this section;

(3) A negligent or intentional act of the United States; or

(4) An act of war.

(e) Nothing in this section shall preclude the director from assessing additional penalties for the discharge of oil as set forth in chapters 12 of this title, 17.1 and 17.6 of title 42, and 19.1 of title 23.

(f) Nothing in this section shall preclude the state or any private party from seeking damages and/or penalties in an action brought pursuant to any other provision of the general laws or pursuant to common law or to limit the damages which can be awarded in such an action. DEL}

{DEL 46-12.5-7. Damages. -- DEL} {DEL (a) In addition to penalties

established in this chapter, any person who violates or causes or permits to be violated a provision of this chapter or rule, regulation, or order pursuant thereto, shall be strictly liable to the state for these costs and expenses:

(1) Compensation for any adverse environmental effects caused by the violation, which the court shall determine according to the toxicity, degradability, and dispersal characteristics of the substance discharged, the nature and sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality;

(2) Costs that the state has incurred in detection, investigation, and correction of the violation;

(3) The economic advantage that the person realized in not complying with the requirements and provisions of this chapter.

(b) Liability for damages under subsection (a) of this section includes an amount equal to the sum of money required to restock injured land or waters, to replenish a damaged or degraded resource, or to otherwise restore the environment of the state to its condition before the injury.

(c) Nothing in this section shall preclude the state or any private party from seeking additional damages and/or penalties in a civil action brought pursuant to any other provision of the general laws or pursuant to common law, or to limit the damages which can be awarded in such an action. DEL}

{DEL 46-12.5-8. Reimbursement for cleanup expenses -- Deposit of money. -- DEL} {DEL (a) The department shall promptly seek reimbursement under this chapter or from an applicable federal fund, for the expenses it incurs in the cleanup, containment, or abatement of a discharge of oil. If the department obtains reimbursement for a portion of its expenses from a federal fund, the remainder of the expenses incurred may be recovered as set forth in this chapter.

(b) All money collected pursuant to this chapter shall be deposited as general revenues. DEL}

{DEL 46-12.5-9. Proceedings for enforcement. -- DEL} {DEL The superior court shall have the jurisdiction to enforce the provisions of this chapter and any rule, regulation, or order issued pursuant thereto. Proceedings for enforcement may be instituted by the attorney general or the director, and in any proceedings in which the attorney general or the director seeks injunctive relief, it shall not be necessary to show that without the relief, the injury that will result will be irreparable or that the remedy at law is inadequate. Proceedings provided in this section shall be in addition to other administrative or judicial proceedings authorized by this chapter or pursuant to any other provision of the general laws or common law. DEL}

{DEL 46-12.5-10. Criminal penalties. -- DEL} {DEL (a) Except as provided in subsections (c) and (d) of this section, a person who violates a provision of this chapter, or of a rule or regulation promulgated under this chapter or order of the director issued under this chapter shall be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment for not more than five (5) years, or by both such a fine and imprisonment; and every person shall be deemed guilty of a separate and distinct offense for each day during which the violations shall be repeated or continued.

(b) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or by any permit, rule, regulation, or order issued under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each instance of violation or by imprisonment for not more than five (5) years or by both a fine and imprisonment.

(c) Notwithstanding subsection (a) of this section, a person who fails to provide or falsely states information required under section 12.3-4 shall be guilty of a misdemeanor.

(d) Any person convicted under this chapter shall be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment for not more than five (5) years, or by both. Each unlawful act constitutes a separate offense. DEL}

{DEL 46-12.5-11. Emergency powers. -- DEL} {DEL The director shall have all emergency powers and procedures set forth in section 10 of chapter 12 of this title. DEL}

{DEL 46-12.5-12. Notices of violations and compliance orders. -- DEL} {DEL (a) The director shall follow the procedures provided in section 42-17.1-2(u) in issuing any notice of violation or compliance order authorized pursuant to this chapter or any rules, regulations, or permits promulgated thereunder.

(b) Where an order of the director does not otherwise specify, the person against whom an order is entered shall, within seventy-two (72) hours of the receipt of the order and before proceeding to install a system or means to contain, abate, control, and remove the discharged oil, submit to the director a plan or a statement describing the system or means that the person intends to implement. DEL}

{DEL 46-12.5-13. Remedies cumulative. -- DEL} {DEL All remedies provided by this chapter or chapter 12.7 of this title are cumulative, and the securing of relief, whether injunctive, civil, or criminal, under a section of this chapter or chapter 12.7 of this title does not stop the state or any person from obtaining relief under any other section of this chapter or chapter 12.7 of this title, or pursuant to any other provision of the general laws or the common law. DEL}

{DEL 46-12.5-14. Inspections. -- DEL} {DEL (a) The master of any vessel requiring a pilot shall, prior to entry into water of the state of Rhode Island, furnish to the pilot a copy of the coast guard certificate of compliance which shall be filed by the pilot with the director.

(b) Failure of the master to furnish the certificate of compliance or discrepencies therein shall empower the director to board and inspect the vessel. DEL}

{DEL 46-12.5-15. Oil discharge cleanup personnel, equipment, expenses. -- DEL} {DEL In the absence of an alternative, the department, when feasible, shall enter into contracts with persons or private organizations to provide the personnel, equipment, or other services or supplies which may be required to carry out this chapter. Contracts under this section are governed by title 37, chapter 2. When private contracting is not feasible, the department may establish and maintain at ports, harbors, or other locations in the state, the cleanup personnel, equipment, and supplies which, in its judgment, are necessary to carry out this chapter. DEL}

{DEL 46-12.5-16. Compacts authorized. -- DEL} {DEL The governor may execute supplementary agreements, reciprocal arrangements, or compacts with any other state or country, subject to the approval, if required by the United States Constitution, of the Congress of the United States, for the purpose of implementing this chapter. DEL}

{DEL 46-12.5-17. Personnel policies -- General. -- DEL} {DEL As provided in sections 46-12.5-18 and 46-12.5-19 personnel employed by any and all tank vessels operating within the waters of the state shall be subject to the provisions and requirements of this chapter. DEL}

{DEL 46-12.5-18. Personnel policies -- Illicit drugs and alcohol use. -- DEL} {DEL (1) An owner or operator of a tank vessel shall have policies, procedures, and practices for alcohol and drug testing that comply with 33 CFR Part 95 and 46 CFR Parts 4 and 16, except 66 CFR sec. 16.500. The owner's and operator's policies, procedures, and practices shall ensure that:

(a) A person neither consumes, nor is under the influence of, alcohol on a tank vessel while on the waters of the state, unless that person is a passenger who does not perform, and will not perform, any duty on the tank vessel in state waters; and

(b) A person neither consumes, nor is under the influence of, illicit drugs on a tanker while in the waters of the state.

(2) The policies, procedures, and practices for alcohol and drug testing shall meet the following objectives:

(a) Chemical tests for evidence of alcohol or drug use, or both, shall be taken from all persons directly involved in a serious marine incident as defined in 46 CFR sec. 4.03-4 as soon as practicable after any such incident occurs which involves the vessel; and

(b) A person on a tank vessel is tested for drug or alcohol use, or both, when there is reasonable cause to believe the person is under the influence of alcohol or illicit drugs; and

(c) All crew members are randomly subject to chemical testing for being under the influence of illicit drugs or alcohol.

(3) The owner or operator of all tank vessels operating in the waters of the state shall be responsible for compiling records of all drug and alcohol testing which has been conducted within the past year. The vessel owner or operator must include, in these records:

(a) The total number of personnel tested for illicit drugs in the past year:

(b) The total number of personnel tested for alcohol in the past year; and

(c) A numerical summary of the testing performed and positive test results by assigned vessels.

(4) The owner or operator of any and all tank vessels operating in the waters of the state may be required to submit proof to the director of drug testing activity, in the form of the records required by section 46-12.5-18(3), as requested by the director. It shall be considered within the powers and duties of the director to request submission of such plans at any time, regardless of whether an event has occurred involving the vessel in question.

(5) For the purposes of this section, the following definitions shall apply.

(a) "Chemical test" means an analysis of a person's breath, blood, urine, saliva, bodily fluids, or tissues for evidence of illicit drug or alcohol use performed in a scientifically recognized manner.

(b) "Illicit drug" means a narcotic drug, marijuana, and any substance listed as a controlled substance under 21 U.S.C. sec. 802.

(c) "Positive test results" means a chemical test that identifies any amount of alcohol or levels of illicit drugs meeting or exceeding initial cut off levels described in 49 CFR sec. 40.20(e) found as a result of chemically testing a person's breath, blood, urine, saliva, bodily fluids, or tissues. DEL}

{DEL 46-12.5-19. Personnel policies --Record keeping. -- DEL} {DEL The owner or operator shall maintain the following records, which must be supplied to the director within seventy-two (72) hours of a direct request for those records.

(1) The owner or operator shall maintain detailed training records for personnel assigned to each vessel which operates in the waters of the state. These records must include training required to obtain a license or merchant marine document, and the completion dates and performance evaluations of the training conducted.

(2) The owner or operator shall also maintain records of all shipboard drills performed on vessels transiting the water of the state. DEL}

{DEL 46-12.5-20. Operating procedures -- General. -- DEL} {DEL As provided in section 46-12.5-21, 46-12.5-22, 46-12.5-23, and 46-12.5-24, any and all vessels operating within the waters of the state shall be subject to the provisions and requirements of this chapter. DEL}

{DEL 46-12.5-21. Operating procedures -- Watch practices and crew requirements for tank barges. -- DEL} {DEL (a) Water procedures.

(i) The navigation watch on the tow vessel shall consist of at least one licensed deck officer or tow vessel operator. The terms Master and operator may be used interchangeably as defined in section 46-12.5-1.

(ii) When underway in restricted visibility, one (1) crew member must serve as a lookout, and must be assigned to a watch station in a safe location which allows sight and hearing of all navigational hazards and the tow vessel operator.

(iii) The names of each navigation watch member must be logged in the deck log as the member assumes duties.

(iv) All tank barges entering port in or transiting the waters of the state must satisfy these minimum safety standards for manning of barges.

(b) Crew requirements.

(i) Two (2) personnel, one (1) of whom must be a certified tanker-man under 46 CFR subpart 12.20, shall be on the tank barge at all times when the tank barge is underway, anchored, or moored in the waters of the state.

(ii) Three (3) licensed officers or tow vessel operators shall be on a tow vessel for tank barge tows in coastal waters.

(iii) Tow vessel operators shall maintain a list of crew members while towing a tank barge in state waters.

(c) Any tank barge which is underway, anchored, or moored in the waters of the state and which does not fulfill the minimum manning safety standards as stated in this section, shall be in violation of this chapter.

(d) The requirements of this section shall not apply to tank vessels with a capacity of less than seven thousand five hundred (7,500) barrels. DEL}

{DEL 46-12.5-22. Operating procedures -- Navigation. -- DEL}

{DEL (1) Prior to operating in the waters of the state, the vessel master shall ensure that a comprehensive written voyage plan is developed for the tanker's trip throughout state waters. The voyage plan is a navigation guide used by the bridge team for transits through state waters, but subject to deviations by the master based on local conditions or recommendations from the vessel's state licensed pilot. A standard voyage plan for consecutive voyages along the same routes may be used if updated prior to the tank vessel's entry into state waters. The voyage plan must address, at a minimum, the following:

(a) Channel depth and width, turning areas, navigational obstructions, and appropriate speeds for each waterway transited;

(b) Accuracy, dependability, and operating status of available navigational aids, including radio-navigational aids;

(c) Environmentally sensitive areas, traffic separation systems, areas-to-be-avoided, landfalls, routes expected to be transited at night, and other areas where caution should be exercised;

(d) Predicted weather, currents, and tides;

(e) Emergency procedures to be used while transiting state waters for vessel casualties, pollution incidents, and personnel health and safety. DEL}

{DEL 46-12.5-23. Operating procedures -- Technology. -- DEL} {DEL (1) An owner or operator of a tank barge shall ensure that tow vessels transporting tank barges within the waters of the state are equipped with a minimum of the following navigational and safety equipment requirements:

(a) Functional radar;

(b) Global Positioning System(GPS) receivers;

(c) Both a magnetic and a gyrocompass; and

(d) Two VHF radios, one of which is independently powered (not reliant on the towing vessel's main power source).

(e) Functioning automated fire and flooding detection systems that can be activated by the master or crew in the event of emergency or other situation that endangers, or threatens to endanger the safety of the tow vessel, barge or cargo.

(2) The owner or operator of a tank barge underway, anchored, or moored in the waters of the state shall employ anchoring equipment which can be manually deployed by a crew member manning the tank barge during coastal tow or another method of retrieving a lost tow. DEL}

{DEL 46-12.5-24. Environmental protection requirements for tank vessels. -- DEL} {DEL (a) Effective June 1, 1997, no tank vessel shall transport oil or hazardous material on or over waters of the state, in conditions of limited visibility unless the tank vessel (i) has a double hull or (ii) is accompanied by a tugboat escort.

(b) Effective January 1, 2001, no tank vessel shall transport oil or hazardous material over the waters of this state in any conditions unless the tank vessel (i) has a double hull or (ii) is accompanied by a tugboat escort.

(c) The provisions of this section shall not apply to tank vessels with a capacity of less than seven thousand five hundred (7,500) barrels.

(d) The provisions of this section shall not apply to a self-propelled tank vessel or a "notched barge". For the purposes of this section, "notched barge" shall be defined as a tank barge and towing vessel attached to the tank barge by a notched groove located in the stern of the tank vessel, into which the towing vessel is inserted and affixed.

(e) The director shall have authority to issue regulations concerning tugboat escorts as required under this section. DEL}

{DEL 46-12.5-25. Narragansett Bay/Rhode Island Sound Safety Committee. -- DEL} {DEL (1) On or before January 1, 1997 the director shall establish a Narragansett Bay/Rhode Island Sound Safety Committee (NBRISSC).

(2) The director shall appoint to the committee, for a term of two (2) years, the following members:

(a) A representative from the Rhode Island Port Authority;

(b) A representative of the tank vessel industry;

(c) A representative of the pilot organizations which operate in Rhode Island waters;

(d) A representative of dry cargo vessel operators;

(e) Two (2) representatives from the commercial fishing industry;

(f) A representative for recreational boaters;

(g) A representative of a recognized nonprofit environmental organization that has as a purpose the protection of marine resources;

(h) A representative of the Rhode Island Coastal Resources Management Council;

(i) A representative from a recognized labor organization involved with the operations of vessels; and,

(j) A representative from the U.S. Coast Guard Marine Safety Office, to the extent that the Coast Guard consents to participate on the committee.

(3) The members appointed from categories listed in paragraphs (a), (b), (c), (d), and (f) shall have navigational expertise. An individual is considered to have navigational expertise if the individual meets any of the following conditions:

(a) Has held or is presently holding a U.S. Coast Guard Merchant Marine Deck Officer's license;

(b) Has held or is presently holding a position on a commercial vessel that includes navigational responsibilities;

(c) Has held or is presently holding a shore-side position with direct operational control of vessels; or

(d) Has held or is currently holding a position having responsibilities for permitting or approving the docking of vessels in and around port facilities.

(4) The director shall appoint a chairperson for the NBRISSC.

(5) The purpose of this committee is to plan for the safe navigation and operation of tank vessels (including tankers and barges) within Rhode Island Sound, Narragansett Bay, and all other waters of the State as defined in section 46-12.5-1(j). The committee shall develop a Narragansett Bay and Rhode Island Sound Vessel Traffic Safety Plan (hereby referred to as a "Safety Plan") encompassing all vessel traffic within the waters of the state, in order to minimize the likelihood of future oil spill pollution events.

(6) The director shall adopt regulations, pursuant to this section, for the development of safety plans. These regulations shall require that the safety plans contain a discussion of the competitive aspects of the recommendations of the committee.

(7) The regulations adopted by the director shall ensure that the safety plan include all of the following elements:

(a) A review and evaluation of the adequacy of, and any changes needed in, all of the following:

(i) Anchorage designations and sounding checks.

(ii) Communications systems.

(iii) Small vessel congestion in shipping lanes.

(iv) Placement and effectiveness of navigational aids and channel design plans.

(v) Equipment or operating procedures for tank vessels traversing the waters of the state, in the interest of ensuring the continued safety of state waters from the threat of oil spill pollution from tank vessels.

(b) Procedures for routing vessels during emergencies that impact navigation.

(c) Bridge management requirements, including personnel policies and operating procedures.

(d) Suggested mechanisms to ensure that the provisions of the safety plan are fully and regularly enforced.

(e) A mechanism for regular review of all operating procedures and personnel policies required by the provisions of this chapter shall be applicable to vessel operators in state waters.

(8) It shall also be within the scope of the Narragansett Bay/Rhode Island Sound Safety Committee to oversee vessel compliance with regulations and standards for tank vessel operation as contained in this chapter. The committee shall respond to any reports of noncompliance with these regulations by reporting suspected violators immediately to the director. The Narragansett Bay/Rhode Island Sound Safety Committee shall give its highest priority to the development of regulations concerning tugboat escorts as required under this chapter.

(9) The safety plan shall be completed by the committee and submitted to the director by December 31, 1997. The director shall review the plan for consistency with the regulations and shall approve the plan or give reasons for the disapproval.

(10) Upon approving the safety plan, the director shall, in consultation with the port authorities set forth in subsection (2) of this section, implement the plan. The director shall adopt any regulations necessary to implement the plan. When federal authority or action is required to implement the plan, the director shall petition the appropriate federal agency or the congress, as may be necessary.

(11) On or before February 1 of each year, the committee shall report its findings and recommendations to the director, concerning the safety of Narragansett Bay and Rhode Island Sound and any recommendations for improving tank barge safety in the Bay or Sound by amending the provisions of the safety plan or by other means.

(12) On or before February 1, of each year, the committee shall report to the General Assembly regarding any changes in federal law or regulations which might impact upon the legal stature of any provisions contained herein. DEL}

SECTION 2. Title 46 of the general laws entitled "Waters and Navigation" is hereby amended by adding the following chapter:

{ADD CHAPTER 12.5.1 ADD}

{ADD OIL POLLUTION CONTROL ADD}

{ADD 46-12.5.1-1. Definitions. -- ADD} {ADD As used in this chapter these terms shall, where the context permits, be construed to mean:

(a) "Containment and cleanup" includes all direct and indirect efforts associated with the prevention, abatement, containment, or removal of a pollutant, the restoration of the environment to its former state, and all incidental administrative costs;

(b) "Contaminated ballast water" means ballast water carried in uncleaned cargo tanks or mixed with oil in some other manner such that the discharge of such water would produce a visible sheen.

(c) "Department" means the department of environmental management or its successor;

(d) "Director" means the director of the department of environmental management;

(e) "Oil" means oil of any kind and in any form, whether crude, refined, or a petroleum by product, including, but not limited to, petroleum, fuel oil, gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with other wastes, crude oils, liquified natural gas, propane, butane, or other liquid hydrocarbons regardless of specific gravity;

(f) "Oil pollution" means discharging, causing to be discharged, or permitting the discharge of oil into or upon the waters of this state, or to construct or install any industrial, commercial, or other establishment, to make any modification or addition thereto, or to undertake any development which may result in the discharge of oil into the waters of the state, unless the discharge is made to a system or means to prevent pollution approved by the director;

(g) "Operator" means the person who, through contract, lease, sublease, or otherwise, exerts general supervision and control of activities including, but not limited to, a prime general contractor, the "master" of a vessel and the master's employer or any other person who, personally or through an agent or contractor, undertakes the general functioning of the facility;

(h) "Person" shall include an individual, trust, firm, joint stock company, corporation (including a quasi government corporation), municipality, municipal or state agency, fire district, club, nonprofit agency, or country;

(i) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, releasing, injecting, escaping, leaching, dumping, or disposing into the environment;

(j) "Vessel" means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, whether self propelled or otherwise, and shall include barges and tugs;

(k) "Waters of the state" shall include all surface waters including all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond or lake; and all ground waters and wetlands of the state of R.I. ADD}

{ADD 46-12.5.1-2. Powers and duties of the director. -- ADD} {ADD In addition to the other powers granted the director of environmental management, the director shall have and may exercise these powers and duties:

(a) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated hereunder;

(b) To promulgate rules and regulations for the transportation of oil on the waters and over the land of this state; for the emergency response for the containment, cleanup, and abatement of a discharge of oil; for the assessment of penalties and recovery of costs and of damages as set forth in this chapter; and for any other procedures necessary for the implementation of this chapter;

(c) To promulgate rules and regulations for oil discharge contingency plans. The rules and regulations may at the minimum:

(1) Prohibit the transfer of oil to or from a tank vessel or oil barge without an oil discharge contingency plan that the appropriate authority has approved;

(2) Require proof of financial responsibility by the owner or operator of the tank vessel or oil barge; and

(3) Address catastrophic oil discharges.

(d) To exercise all incidental powers necessary to carry out the purposes of this chapter;

(e) Nothing in this chapter shall be construed to abridge the powers and duties of the director over water pollution, including the discharge of oil, as established in this title, or in chapter 17.1 or 35 of title 42, or in title 23. ADD}

{ADD 46-12.5.1-3. Prohibition against oil pollution. -- ADD} {ADD (a) No person shall discharge, cause to be discharged, or permit the discharge of oil into, or upon the waters or land of the state except by regulation or by permit from the director.

(b) Any person who violates any provision of this chapter or any rule or regulation or order of the director issued pursuant to this chapter shall be strictly liable to the state. ADD}

{ADD 46-12.5.1-4. Ballast water discharge. -- ADD} {ADD (a) Except as provided in subsection (b) of this section, no person shall cause or permit the discharge of contaminated ballast water from a vessel into the water of the state.

(b) The master of a vessel may discharge contaminated ballast water from a vessel only if it is necessary for the safety of the vessel and no alternative action is feasible to ensure the safety of the vessel. ADD}

{ADD 46-12.5.1-5. Discharge reporting. -- ADD} {ADD A person in charge of a facility, operation or vessel, as soon as the person has knowledge of any discharge from the facility, operation, or vessel in violation of this chapter shall, in a timely fashion, notify the department of the discharge. ADD}

{ADD 46-12.5.1-6. Civil penalties for discharge of oil. -- ADD} {ADD (a) The legislature finds that:

(1) Oil is important as an energy source to the people of the state; however, the discharge of oil in any quantity may have a substantial permanent or negative impact on the public health and environment and the economy of this state in that it contaminates the land and water supplies and renders land unfit for use and water unfit for use and consumption; degrades, damages, and destroys the abundant natural beauty of the state; and kills marine and aquatic organisms at all stages of development;

(2) The citizens of this state should not have to bear the burdens of the cleanup and the losses of economic livelihood that result from the discharge of oil in any degree; and

(3) Substantial civil penalties should be imposed in order to provide an incentive to insure the safe handling of oil and to prevent the discharge of oil onto the land or into the waters of the state;

(b) The director shall promulgate rules and regulations pursuant to the Administrative Procedures Act, as set forth in chapter 35 of title 42, that establish administrative penalties for discharges of oil, which penalties shall not exceed the sum of twenty five thousand dollars ($25,000) for each day during which the violation occurs. In determining the administrative penalty for the discharge of oil, the director shall consider several factors, including, but not limited to:

(1) The type of environment that the discharge oil enters, such as, but not limited to, a stream or tributary thereto that is capable of or has historically supported anadromous fish; a freshwater environment with significant or substantial aquatic resources; or an estuarine, intertidal, or salt water environment;

(2) The amount of oil spilled;

(3) The type of oil spilled;

(4) The toxicity, degradability, and dispersal characteristics of the oil spilled; and

(5) Any mitigating action that the vessel master or the facility owner or operator may have taken to stop or to control the discharge of oil.

(c) The entire penalty specified in the regulations shall be imposed, except that a person who discharges oil into a receiving environment may demonstrate, by a preponderance of evidence, that mitigating circumstances relating to the effects of the discharge would make imposition of the full penalty inappropriate. If mitigating circumstances are proven by a preponderance of the evidence, the director may reduce or eliminate the penalty, in accordance with the purposes of this section.

(d) A person otherwise liable for administrative penalties under subsection (e) of this section shall not be liable if the person demonstrates, by a preponderance of the evidence, that the discharge occurred solely as a result of:

(1) An act of God;

(2) An act of a third person, unless the third person is a person with whom the person charged is made jointly and severally liable under this section;

(3) A negligent or intentional act of the United States; or

(4) An act of war.

(e) Nothing in this section shall preclude the director from assessing additional penalties for the discharge of oil as set forth in chapters 12 of this title, 17.1 and 17.6 of title 42, and 19.1 of title 23.

(f) Nothing in this section shall preclude the state or any private party from seeking damages and/or penalties in an action brought pursuant to any other provision of the general laws or pursuant to common law or to limit the damages which can be awarded in such an action. ADD}

{ADD 46-12.5.1-7. Damages. -- ADD} {ADD (a) In addition to penalties established in this chapter, any person who violates or causes or permits to be violated a provision of this chapter or rule, regulation, or order pursuant thereto, shall be strictly liable to the state for these costs and expenses:

(1) Compensation for any adverse environmental effects caused by the violation, which the court shall determine according to the toxicity, degradability, and dispersal characteristics of the substance discharged, the nature and sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality;

(2) Costs that the state has incurred in detection, investigation, and correction of the violation;

(3) The economic advantage that the person realized in not complying with the requirements and provisions of this chapter.

(b) Liability for damages under subsection (a) of this section includes an amount equal to the sum of money required to restock injured land or waters, to replenish a damaged or degraded resource, or to otherwise restore the environment of the state to its condition before the injury.

(c) Nothing in this section shall preclude the state or any private party from seeking additional damages and/or penalties in a civil action brought pursuant to any other provision of the general laws or pursuant to common law, or to limit the damages which can be awarded in such an action. ADD}

{ADD 46-12.5.1-8. Reimbursement for cleanup expenses -- Deposit of money. -- ADD} {ADD (a) The department shall promptly seek reimbursement under this chapter or from an applicable federal fund, for the expenses it incurs in the cleanup, containment, or abatement of a discharge of oil. If the department obtains reimbursement for a portion of its expenses from a federal fund, the remainder of the expenses incurred may be recovered as set forth in this chapter.

(b) There is hereby established an account within the general fund to be called the oil release response fund. All monies collected pursuant to this chpter shall be deposited into this fund, which shall be administered in accordance with chapter 12.7 of this title. ADD}

{ADD 46-12.5.1-9. Proceedings for enforcement. -- ADD} {ADD The superior court shall have the jurisdiction to enforce the provisions of this chapter and any rule, regulation, or order issued pursuant thereto. Proceedings for enforcement may be instituted by the attorney general or the director, and in any proceedings in which the attorney general or the director seeks injunctive relief, it shall not be necessary to show that without the relief, the injury that will result will be irreparable or that the remedy at law is inadequate. Proceedings provided in this section shall be in addition to other administrative or judicial proceedings authorized by this chapter or pursuant to any other provision of the general laws or common law. ADD}

{ADD 46-12.5.1-10. Criminal penalties. -- ADD} {ADD (a) Except as provided in subsection (c) of this section, a person who willfully or with criminal negligence violates a provision of this chapter, or of a rule or regulation promulgated under this chapter or order of the director issued under this chapter shall be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment for not more than five (5) years, or by both such a fine and imprisonment; and every person shall be deemed guilty of a separate and distinct offense for each day during which the violations shall be repeated or continued.

(b) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or by any permit, rule, regulation, or order issued under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each instance of violation or by imprisonment for not more than five (5) years or by both a fine and imprisonment.

(c) Notwithstanding subsection (a) of this section, a person who fails to provide or falsely states information required under section 46-12.5-4 shall be guilty of a misdemeanor. ADD}

{ADD 46-12.5.1-11. Emergency powers. -- ADD} {ADD The director shall have all emergency powers and procedures set forth in section 46-12-10. ADD}

{ADD 46-12.5-.12. Notices of violations and compliance orders. -- ADD} {ADD (a) The director shall follow the procedures provided in section 42-17.1-2(u) in issuing any notice of violation or compliance order authorized pursuant to this chapter or any rules, regulations, or permits promulgated thereunder.

(b) Where an order of the director does not otherwise specify, the person against whom an order is entered shall, within seventy-two

(72) hours of the receipt of the order and before proceeding to install a system or means to contain, abate, control, and remove the discharged oil, submit to the director a plan or a statement describing the system or means that the person intends to implement. ADD}

{ADD 46-12.5.1-13. Remedies cumulative. -- ADD} {ADD All remedies provided by this chapter or chapter 12.7 of this title are cumulative, and the securing of relief, whether injunctive, civil, or criminal, under a section of this chapter or chapter 12.6 or 12.7 of this title does not stop the state or any person from obtaining relief under any other section of this chapter or chapter 12.6 or 12.7 of this title, or pursuant to any other provision of the general laws or the common law. ADD}

{ADD 46-12.5.1-14. Oil discharge cleanup personnel, equipment, expenses. -- ADD} {ADD In the absence of an alternative, the department, when feasible, shall enter into contracts with persons or private organizations to provide the personnel, equipment, or other services or supplies which may be required to carry out this chapter. Contracts under this section are governed by title 37, chapter 2. When private contracting is not feasible, the department may establish and maintain at ports, harbors, or other locations in the state, the cleanup personnel, equipment, and supplies which, in its judgment, are necessary to carry out this chapter. ADD}

{ADD 46-12.5.1-15. Compacts authorized. -- ADD} {ADD The governor may execute supplementary agreements, reciprocal arrangements, or compacts with any other state or country, subject to the approval, if required by the United States Constitution, of the Congress of the United States, for the purpose of implementing this chapter. ADD}

SECTION 3. Title 46 of the general laws entitled "Waters and Navigation" is hereby amended by adding thereto the following chapter:

{ADD 46-12.6 ADD}

{ADD TANK VESSEL SAFETY ACT ADD}

{ADD 46-12.6.1. Short title. -- ADD} {ADD This act shall be known as the Tank Vessel Safety Act. ADD}

{ADD 46-12.6-2. Purpose. -- ADD} {ADD The general assembly finds that while the transport of oil on the waters of the state is vital to the citizens and the economy of Rhode Island, it poses a substantial threat to the environment, public health and economy should it be released into the environment. It is therefore in the best interest of Rhode Island to regulate the operation of the vessels that transport oil on the waters of the state. ADD}

{ADD 46-12.6-3. Definitions. -- ADD} {ADD When used in this chapter:

(1) "Allision" means the contact between a vessel and a stationary object such as a bridge, pier or other manmade object;

(2) "Collision" means the contact between two vessels;

(3) "Department" means the Department of Environmental Management;

(4) "Director" means the director of the Department of Environmental Management;

(5) "Event" shall mean an allision, collision, grounding, failure of the propulsion or steering system, damage to the towing gear when under tow, fire, flood or other incident or failure that affects the vessels seaworthiness or fitness for service;

(6) "Oil" means oil of any kind in any form whether crude, refined or a petroleum by product, including but not limited to petroleum, fuel oil, gasoline, lubricating oils, oily sludge, oils mixed with other waste, propane butane or other liquefied natural gas or other liquid hydrocarbons regardless of specific gravity;

(7) "Person" shall include an individual, trust, joint stock company, corporation (including a quasi government corporation) municipality, municipal or state agency, non profit agency or country;

(8) "Tank vessel" means a vessel whose primary purpose is to carry oil or hazardous material and in the instance of a tank vessel under tow includes the towing vessel;

(9) "Tank barge" means any tank vessel not equipped with the means of self propulsion;

(10) "Vessel" means every description of water craft used or capable of being used as a means of transportation on water either self propelled or otherwise;

(11) "Waters" of the state includes all of the surface waters of the territorial seas, tidewaters, all inland waters of any stream, river, pond, lake, and all groundwater and wetlands of the state of Rhode Island;

(12) "Operator" means the person who, through contract, lease, sublease or otherwise, exerts general supervision and control of activities, including but not limited to, a prime or general contractor, the master of a vessel and the masters employer or any other person who personally or through an agent or contractor undertakes the general functioning of the tank vessel or its tug boat. ADD}

{ADD 46-12.6-4. Event reporting. -- ADD} {ADD (1) The master or owner or operator or agent of a tank vessel or a tug boat towing a tank vessel, shall notify the director of any event which has occurred in the waters of the state. This notification, when practicable, shall be in the form of a report containing the information detailed in subsection (2) below. The master, owner, or operator or agent shall submit the report immediately in the event of a spill or loss of cargo or the threat of such loss or upon the request of the director. If there was no spill or loss of cargo or if the director makes no request, the master, owner or operator or agent shall submit the report no later than 15 days after the date of the event.

(2) The report of an event, when possible, shall include the following information:

(a) The estimated amount of oil spilled;

(b) The date, time and location of the event;

(c) The weather conditions during the event;

(d) The vessel operations at the time of the event;

(e) The identity of any facilities and/or vessels involved in the event;

(f) A description of any measures taken to prevent a recurrence of the event. ADD}

{ADD 46-12.6-5. Illicit drug and alcohol use. -- ADD} {ADD (1) An owner or operator of a tank vessel shall have policies and procedures prohibiting drug and alcohol use during operations and for testing that complies with 33 CFR part 95 and 46 CFR 4.06.

(2) No crew member of a tank vessel shall consume alcohol or be under the influence of illegal drugs while on the waters of the state.

(3) A chemical test for drugs or alcohol shall be taken from all persons directly involved in a serious marine incident as defined in 46 CFR 4.03-4 as soon as practicable after such incident occurs. Such tests shall be performed under the direction of representatives of the United States Coast Guard or the department.

(4) The owner/operator's drug and alcohol policies shall insure that:

(a) A person on a tank vessel shall be tested for drugs and/or alcohol use when there is reasonable cause to believe the person is under the influence of illicit drugs or alcohol;

(b) All crew members shall be subject to random chemical testing, by representatives of the owner/operator, for the use of illegal drugs or being under the influence of alcohol. ADD}

{ADD (5) The owner or operator of all tank vessels operating in the waters of the state shall be responsible for compiling records of all drug and alcohol testing which has been conducted within the past year. The vessel owner or operator must include, in these records;

(a) The total number of personnel tested for illicit drugs in the past year;

(b) The total number of personnel tested for alcohol in the past year;

(c) A numerical summary of the testing performed and positive test results by assigned vessels.

(6) The owner or operator of any and all tank vessels operating in the waters of the state may be required to submit proof, to the director, in the form of the records required by section 46-12.6-5(5), as requested by the director. the director may request submission of such records at any time, regardless of whether an event has occurred involving the vessel in question. ADD}

{ADD 46-12.6-6. Penalties. -- ADD} {ADD (1) Failure to perform any of the requirements of 46-12.6-4 and 5 above, or any rule or regulation of the director, shall subject the person to civil penalties not to exceed twenty five thousand dollars ($25,000). The attorney general may institute a civil action for enforcement in Providence county superior court.

(2) Criminal penalties for the willful violation of the sections above shall be punished by a fine of not more than twenty five thousand dollars ($25,000) or by imprisonment for not more than five (5) years. ADD}

{ADD 46-12.6-7. Rhode island Port and Waterways Safety Committee. -- ADD} {ADD (1) On or before January 1, 1998 the director shall establish a Rhode Island port and waterway safety committee. The committee shall review all aspects of navigation and marine operation in Rhode Island waters and make recommendations for safety improvements, annually, to the director and the U.S. Coast Guard, Captain of the Port, Providence. The committee shall consider all of the following elements in making its report:

(a) placement and effectiveness of aids to navigation;

(b) designation of anchorages and lightering areas;

(c) small vessel congestion in shipping lanes;

(d) need for commercial vessel restrictions in the channel;

(e) vessel to vessel communications;

(f) requirements for the use of pilots;

(g) under keel clearances for tank vessels.

(2) The committee shall consist of the following:

(a) the director or his/her designee, ex-officio;

(b) the U.S. Coast Guard Captain of the Port, Providence or his/her designee as permitted by federal regulations, ex-officio;

(c) the executive director of the Rhode Island economic development corp. or his/her designee, ex-officio;

(d) the chairman of the coastal resources management council or his/her designee, ex-officio;

(e) the manager of the port of Providence or his/her designee, ex-officio;

(f) a representative of the towing vessel operators;

(g) a representative of the self-propelled tank vessel operations;

(h) a representative of the dry cargo vessel operations;

(i) a Narragansett Bay Pilot appointed by the director;

(j) a representative of a statewide environmental organization;

(k) a representative of the general public. ADD}

{ADD 46-12.6-8. Tank Barge Towing Vessel Requirements. -- ADD} {ADD (a) Towing vessels towing tank barges on the waters of the state shall be required to possess the following equipment:

(1) Navigation equipment that meets the requirements of 33 CFR 164 of the federal code of regulations;

(2) A Differential Global Positioning Satellite (DGPS) system;

(3) Towing vessels towing single hulled tank barges greater than 7,500 barrels of capacity shall be equipped with twin engines and twin screws. If the towing vessel is not so equipped the tow shall be accompanied by an escort towing vessel of sufficient capacity to assume the tow from the primary towing vessel if it loses the tow, power or steering. If the towing vessel is so equipped then an escort vessel of sufficient capacity to assume the tow shall be called immediately to escort the tank vessel if one system is incapacitated or the towing hawser is broken while it is in state waters.

(b) Towing vessels towing tank barges on the waters of the state shall initiate security calls on VHF Channels 13 and/or 16 with other vessels in the areas of the following points; Race Rock Light (LLNR 19815); Block Island/Point Judith approaching Point Judith to Block Island ferry route; Buzzards Bay entrance Light Ledge (LLNR 630).

(c) The masters of towing vessels towing tank barges on the < waters of the state must prepare a voyage plan prior to commencing the voyage. At a minimum the voyage plan must contain:

(1) the type and volume of cargo transported;

(2) current charts for the route, including publications for the area;

(3) current and forecasted weather for the duration of the voyage including visibility, wind and sea state;

(4) tide and current data;

(5) forward and aft draft of the vessel and underkeel clearances for the port and/or berthing area;

(6) pre-departure checklist to insure the vessel is ready for departure;

(7) speed and estimated time of arrival;

(8) masters standing orders for closest point of approach, special conditions and critical maneuvers. ADD}

{ADD 46-12.6-9. Tank barge equipment. -- ADD} {ADD (a) Tank vessels operating on the waters of the state shall be equipped with the following:

(1) an operable anchor which meets the requirements of 46 CFR32.15-15, has been deployed at least once quarterly and has been inspected prior to a voyage into Rhode Island waters;.

(2) either an emergency tow line with a pick up capability on the towing vessel; or

(3) a barge retrieval device with pick up capability on the towing vessel.

(b) Single hulled manned tank barges shall have the equipment described in subsection 1 and that listed either in subsection (a) 2 or subsection (a) 3; unmanned barges shall have all three devices listed above. For the purposes of this section manned barges shall be considered to be tank barges either manned with a Person in Charge (PIC documented tankerman) on board or if the barge is towed alongside or pushed ahead with a PIC assigned to the tank barge, with no other duties, on the towing vessel. ADD}

{ADD 46-12.6-10. Escort towing vessels. -- ADD} {ADD (a) Effective January 1, 2001, no tank barge shall transport oil or hazardous materials on the waters of the state unless the tank barge:

(1) has a double hull; or

(2) is accompanied by an escort towing vessel of sufficient capacity to assume the tow if the primary towing vessel is disabled.

(b) The provisions of this section shall not apply to tank vessels with a capacity of less than seven thousand five hundred (7,500) barrels. ADD}

{ADD 46-12.6-11. Exemptions. -- ADD} {ADD (a) The equipment requirements of section 46-12.6-8 and 46-12.6-9 above shall not take effect until 31 October 1997. (b) The director, in consultation with the captain of the port, may grant limited exemptions for towing vessels or tank barges that do not meet the equipment requirements of section 46-12.6-8 and 46-12.6-9 above if in their opinion it is necessary for safety or practicality reasons. In granting such exemptions the director shall be guided by the 1997 report of the Regional Risk Assessment of Petroleum Transportation on the Water of the Northeast United States.

(c) The provisions of section 46-12.6-8 and 46-12.6-9 above shall not apply to dedicated oil spill response vessels or vessels temporarily engaged in such a response. ADD}

{ADD 46-12.6-12. Coast Guard regulations supercede. -- ADD} {ADD The provisions of sections 46-12.6-8 and 46-12.6-9 are hereby superceded and of no force and effect upon the adoption by the U.S. Coast Guard of rules and regulations which at a minimum meet the requirements of 46-12.6-8 and 46-12.6-9 and which regulations cover a region which is greater than and inclusive of Rhode Island waters. ADD}

{ADD 46-12.6-13. Regulation. -- ADD} {ADD The director may establish regulations to implement the provisions of this chapter. ADD}

{ADD 46-12.6-14. Severability. -- ADD} {ADD If any provision of this chapter or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction the remainder of this chapter and the application of the provisions to other persons. The invalidity of any section or sections or part thereof shall not affect the validity of the remainder of the chapter. ADD}

SECTION 4. Section 46-12.3-8 of the General Laws in Chapter 46-12.3 entitled "The Environmental Injury Compensation Act" is hereby amended to read as follows:

46-12.3-8. Responders liability. -- (a) Nothing in this chapter or any other provision of law shall be construed to hold persons, other than those responsible for the initial discharge, who render care, assistance or advice with respect to the discharge of a petroleum or petroleum products into or on the waters of the state, regarding the amelioration of environmental damage caused by the discharge, strictly liable for their acts or omissions.

(b) Notwithstanding any other provision of law, any person who takes action or omits to take actions in rendering care, assistance or advice relating to containment and clean up of or otherwise responding to a discharge or threat of discharge of petroleum or petroleum products into or on the surface waters of the state, consistent with the national contingency plan or as otherwise directed by the federal on-scene coordinator or by the director of the department of environmental management, shall not be liable for any costs, expenses or damages of any kind; provided, however, that this limitation shall not apply to such costs, expenses and/or damages that are a proximate result of that person's gross negligence or willful misconduct, and provided further this exemption shall not apply with respect to personal injury or wrongful death.

(c) Notwithstanding any other provision of law, a person responsible for the initial discharge shall be liable for any and all costs, expenses or damages for which a responder is relieved of liability under this section, and any injured person with a claim against a person who is relieved of liability by this section may bring an action for recovery of the costs of cleanup and removal and direct and indirect damages directly against the person responsible for the initial discharge. Nothing in this section shall serve to limit or reduce the strict liability of a person responsible for the initial discharge for any injury or damage resulting from a discharge of petroleum or petroleum products, including but not limited to damage or injury to the environment or natural resources of the state, injury to the person, property damage or economic loss to any individual, corporation, partnership or other business entity.

(d) Nothing in this section shall preclude any claim by any person seeking recovery for the costs of cleanup and removal or direct and indirect damages in an action brought directly against the person responsible for the initial discharge pursuant to any other provisions of the general laws or pursuant to common law, or limit the damages which can be awarded in such action.

{ADD (e) Notwithstanding any other provision of law, an owner, operator or a person holding a masters license to operate a vessel is not liable for cleanup and removal costs or damages which result from actions taken in good faith in the course of rendering assistance, in an emergency situation, at the request of the owner or operator of a vessel attempting to prevent the substantial threat of a discharge of petroleum into or upon the waters of the state; provided however, that reasonable efforts are made to notify the federal on scene coordinator or the director of the department of environmental management or his or her designee prior to such assistance being rendered or, if that is not practicable, as soon as possible thereafter. This limitation shall not apply to such costs, expenses or damages that are the proximate result of that masters gross negligence or willful misconduct, and provide further that this exemption shall not apply with respect to personal injury or wrongful death. ADD}

SECTION 5. This act shall take effect upon passage.


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