6538-S

AN ACT Relating to boating safety education; amending RCW 88.12.500 and 43.51.400; adding a new section to chapter 88.12 RCW; and repealing RCW 88.12.510, 88.12.520, 88.12.530, and 88.12.540.

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

Sec. 1. RCW 88.12.500 and 1993 c 469 s 1 are each amended to read as follows:

(1) The legislature finds that:

(a) Washington state has the greatest length of marine shoreline miles of the lower forty-eight states;

(b) Such marine waters and the extensive freshwater lakes and rivers of the state provide innumerable recreational opportunities, and support a state recreational vessel population that is one of the largest in the country;

(c) Many of Washington's popular recreational waters are remote from population centers and thus remote from emergency health care facilities;

(d) Washington's climate in the western portion of the state, in which its marine recreational waters lie, is cool and wet for much of the year. Much of the state's recreational vessel activity is conducted in the late fall and winter months in connection with fishing activities. For these reasons the great majority of Washington vessels are equipped with heating devices. These appliances are in use for a much greater portion of the boating season than in other states, and are predominantly fueled by liquid petroleum gas;

(e) Current state and federal standards governing heating and cooking appliances on vessels that are fueled by liquid petroleum gas do not adequately protect against undetected gas leaks. Such gas leaks have led to explosions on Washington waters, causing loss of life and property damage;

(f) ((A vessel equipped with leak detection and warning devices will greatly reduce the potential for the ignition of liquid petroleum gas which may have escaped into the hold of the vessel, yet such devices are not currently required either by federal standards or Washington law)) The commission coordinates a state-wide program of boating safety education to communicate accident prevention information to boaters at risk of fires, explosions, and other hazards, and administers a boating accident reporting program to assess the effectiveness of accident prevention measures.

(2) It is the intent of the legislature to address the state's unique local circumstances regarding inadequate protection of Washington's boaters from undetected leaks of liquid petroleum gas-fueled appliances by ((requiring leak detection and warning devices to be placed on those vessels most at risk. It is further the intent of the legislature in this action to exercise the authority to address such local circumstances recognized in federal laws which otherwise preempt the field of establishing safety standards for vessels)) incorporating into the boating safety program an intensified boating fire prevention program with special emphasis on preventing fires and carbon monoxide poisoning caused by auxiliary fuels and appliances.

NEW SECTION. Sec. 2. A new section is added to chapter 88.12 RCW to read as follows:

The commission shall undertake a state-wide recreational boating fire prevention education program concerning the safe use of marine fuels and electrical systems and the hazards of carbon monoxide. The boating fire prevention education program shall provide for the distribution of fire safety materials and decals warning of fire hazards and for educational opportunities to educate boaters on the safety practices needed to operate heaters, stoves, and other appliances in Washington's unique aquatic environment. The commission shall evaluate the boating public's voluntary participation in the program and the program's impact on safe boating.

Sec. 3. RCW 43.51.400 and 1984 c 183 s 4 are each amended to read as follows:

The state parks and recreation commission shall:

(1) Coordinate a state-wide program of boating safety education using to the maximum extent possible existing programs offered by the United States power squadron and the United States coast guard auxiliary;

(2) Adopt rules in accordance with chapter 34.05 RCW, consistent with United States coast guard regulations, standards, and precedents, as needed for the efficient administration and enforcement of this section;

(3) ((Develop by January 31, 1984, a state-wide inventory of marine state parks and recreational facilities operated by other state and local agencies that are available for marine-related use by persons owning boats in this state;

~~(4)~~)) Enter into agreements aiding the administration of this chapter;

((~~(5)~~)) (4) Adopt and administer a casualty and accident reporting program consistent with United States coast guard regulations;

((~~(6)~~)) (5) Adopt and enforce recreational boating safety rules, including but not necessarily limited to equipment and navigating requirements, consistent with United States coast guard regulations;

((~~(7)~~)) (6) Coordinate with local and state agencies the development of biennial plans and programs for the enhancement of boating safety, safety education, and enforcement of safety rules and laws; allocate money appropriated to the commission for these programs as necessary; and accept and administer any public or private grants or federal funds which are obtained for these purposes under chapter 43.88 RCW;

(7) Biennially report to the legislature the effects of the combined efforts of state and local boating safety programs on the state's boating accident and fatality rate. The report shall assess and recommend new or alternative fire safety and accident prevention laws adopted in other states as well as successful programs employed by government or industry; and

(8) Take additional actions necessary to gain acceptance of a program of boating safety for this state under the federal boating safety act of 1971.

NEW SECTION. Sec. 4. The following acts or parts of acts are each repealed:

(1) RCW 88.12.510 and 1993 c 469 s 2;

(2) RCW 88.12.520 and 1993 c 469 s 3;

(3) RCW 88.12.530 and 1993 c 469 s 4; and

(4) RCW 88.12.540 and 1993 c 469 s 5.