It is enacted by the General Assembly as follows:

SECTION 1. The title of Chapter 46-12.5 of the General Laws entitled "Oil Pollution Control" is hereby amended to read as follows:

SECTION 2. Sections 46-12.5-1 and 46-12.5-5 of the General Laws in Chapter 46-12.5 entitled "Oil Pollution Control" are hereby amended to read as follows:

46-12.5-1. Definitions. -- 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) "Department" means the department of environmental management or its successor;

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

(d) "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;

(e) "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;

(f) "Operator" means the person who, through contract, lease, sub lease, 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 master's employer, or any other person who, personally or through an agent or contractor, undertakes the general functioning of the facility; {ADD (f) "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; ADD}

(g) "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;

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

(i) "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.

(j) "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 Rhode Island. {ADD 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.

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

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

(m) "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.

(n) "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.

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

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

(q) "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.

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

46-12.5-5. Discharge reporting. -- {ADD 46-12.5-5. Event and discharge reporting. -- 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 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. ADD}

{ADD (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. ADD}

SECTION 3. Chapter 46-12.5 of the general laws entitled "Oil Pollution Control" is hereby amended by adding thereto the following sections:

{ADD 46-12.5-.09. Short title. -- This chapter shall be known and may be cited as the "Oil Spill Pollution Prevention and Control Act". ADD}

{ADD > 46-12.5-17. Personnel policies -- General. -- 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. ADD}

{ADD 46-12.5-18. Personnel policies -- Illicit drugs and alcohol use. -- (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. ADD}

{ADD 46-12.5-19. Personnel policies--Record keeping. -- 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. ADD}

{ADD 46-12.5-20. Operating procedures -- General. -- 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. ADD}

{ADD 46-12.5-21. Operating procedures -- Watch practices and crew requirements for tank barges. -- (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. ADD}

{ADD 46-12.5-22. Operating procedures -- Navigation. -- (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. ADD}

{ADD 46-12.5-23. Operating procedures -- Technology. -- (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. ADD}

{ADD 46-12.5-24. Environmental protection requirements for tank vessels. -- (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

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

{ADD 46-12.5-25. Narragansett Bay/Rhode Island Sound Safety Committee. -- (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; ADD}

{ADD (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. ADD}

{ADD (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. ADD}

SECTION 4. This act shall take effect June 1, 1997.