Not an official copy.

CITY OF NORTH BEND, WASHINGTON
RESOLUTION NO. 769

A RESOLUTION OF THE CITY OF NORTH BEND, WASHINGTON, SUPPORTING RE-AUTHORIZATION OF THE, OFFICE OF PIPELINE SAFETY AND ESTABLISHMENT OF A LOCAL GOVERNMENT, CITIZEN AND TRIBAL PETROLEUM TRANSPORTATION OVERSIGHT COUNCIL.

WHEREAS, according to the Office of Pipeline Safety, since 1984 pipeline accidents have resulted in the deaths of 385 U.S. citizens, injured 4,061 U.S. citizens, damaged more than $1 billion worth of property, released more than 2.4 million barrels of hazardous liquid to the environment, and occurred in every state except North Dakota;

WHEREAS, the Pipeline Safety Act was last reauthorized by Congress in 1996, but according to the Office of Pipeline Safety (which has records posted back to 1986), the third highest year for volume spilled by pipelines in the United States was 1997, the worst year for property damaged from hazardous pipeline spills was 1998, and 1999 was tied for the second worst year in fatalities from pipeline accidents;

WHEREAS, three youths were killed in Bellingham Washington when an Olympic refined product pipeline exploded within a County Park;

WHEREAS, the National Transportation Safety Board has called the Office of Pipeline Safety a "complete failure" due to their inability to effectively regulate the pipeline industry;

WHEREAS, there is a need to improve the safety with which crude oil and petroleum products are shipped over water and over land;

WHEREAS, Congress passed the Oil Pollution Act of 1990 (OPA'90) in response to the 1989 Exxon Valdez oil spill in Prince William Sound;

WHEREAS, in addition to mandating specific improvements to maritime safety, section 5002 of OPA'90 also created two Regional Citizen Advisory Committees (RCAC), made up of citizens, local government and tribes, for Prince William Sound and Cook Inlet, funded by the oil industry to oversee the operations of the oil industry;

WHEREAS, according to Alaska's Governor, transportation of oil over the
water is safer in Prince William Sound than any place else in the Country due in large part to the RCAC;

WHEREAS, OPA'90 referred to the Alaskan RCACs as models to be replicated elsewhere around the country, but none have yet been created;

WHEREAS, the Pipeline Safety Act is up for reauthorization this session of Congress;

WHEREAS, in addition to mandating specific safety improvements to the operations of pipelines including, enhancements to inspection procedures, operator certification, delegation of State authority, and citizen right to know laws, there is a need to authorize and fund a citizen, tribal and local government oversight program modeled after the Prince William Sound RCAC;

WHEREAS, the State of Washington has one of the most complex mixes of vessel traffic and pipeline safety issues of any State in the Nation;

WHEREAS, the December 1999 Final Report of Governor Locke's Fuel Accident Prevention and Response Team recommended the "Establishment of a formal mechanism for meaningful and effective local government and citizen participation to ensure that local issues and concerns play a significant role in the regulatory supervision of pipelines" modeled after the Alaska Model of a Regional Citizens Advisory Council.

WHEREAS, Senator Murray has introduced legislation (S. 2004) and Senator Metcalf, along with all the Congress people representing Washington State have introduced legislation designed to enhance pipeline safety without addressing the need for citizen, tribal or local government oversight;

WHEREAS, Senator John McCain, is the Chairman of the Committee on Commerce, Science and Transportation and Senator Inouye is a ranking member of the Surface Transportation and Merchant Marine Subcommittee, which have primary jurisdiction over the reauthorization of the Pipeline Safety Act;

THEREFORE, Be it Resolved, the City Council of the City of North Bend hereby authorizes a letter be sent to Senators McCain and Inouye, urging their support for amending the Pipeline Safety Act and the Oil Spill Prevention Act to require the establishment of a Petroleum Transportation Oversight Council for the State of Washington for both marine and land transport of petroleum, made up of citizen, local government and tribal members

PASSED BY THE CITY COUNCIL OF THE CITY OF NORTH BEND, WASHINGTON, AT A REGULAR MEETING THEREOF THIS 7th Day of March, 2000.

ATTEST/AUTHENTICATED:
Dolores M. Beauchene, City Clerk

CITY OF NORTH BEND
Joan M. Simpson, Mayor

Consent Agenda AB2K-029
3-7-00 meeting

APPROVED AS FORM:
City Attorney, Michael R.Kenyon