wa-law.org > bill > 2025-26 > SB 5519 > Original Bill
The legislature finds that the combustion of liquid fuels used by vessels transiting waters near Washington releases particulate matter that is harmful to human health on ship and on shore, and to the environment. Some technologies designed to reduce air pollution generated by vessel fuel combustion produce different harms to the environment. The legislature further finds that lower-sulfur fuels have fewer harmful emissions associated with their combustion, and do not require the use of onboard technologies that have harmful environmental impacts.
Therefore, it is the intent of the legislature to protect the public health and environment of Washington residents by requiring ocean-going vessels to use low-sulfur fuels when approaching Washington shores.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Auxiliary boiler" means any fuel-fired combustion equipment designed primarily to produce steam for uses other than propulsion including, but not limited to, heating of residual fuel and liquid cargo, heating of water for crew and passengers, powering steam turbine discharge pumps, freshwater generation, and space heating of cabins. Exhaust gas economizers that exclusively use diesel engine exhaust as a heat source to produce steam are not auxiliary boilers.
"Auxiliary engine" means a diesel engine on an ocean-going vessel designed primarily to provide power for uses other than propulsion or emergencies, except that all diesel-electric engines shall be considered "auxiliary diesel engines" for purposes of this section.
"Department" means the department of ecology.
"Main engine" means a diesel engine on an ocean-going vessel designed primarily to provide propulsion, other than a diesel-electric engine.
"Marine diesel oil" means any fuel that meets all the specifications for DMB grades as defined in table 1 of ISO 8217, as revised in 2005, which is incorporated herein by reference, or DMB grades as defined in table 1 of ISO 8217, as revised on June 15, 2010, which is incorporated herein by reference.
"Marine gas oil" means any fuel that meets all the specifications for DMX or DMA grades as defined in table 1 of ISO 8217, as revised in 2005, which is incorporated herein by reference, or DMX, DMA, or DMZ grades as defined in table 1 of ISO 8217, as revised on June 15, 2010, which is incorporated herein by reference.
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"Ocean-going vessel" means a commercial, government, or military vessel meeting any one of the following criteria:
A vessel other than a tank vessel greater than or equal to 400 feet in length overall (LOA) as defined in 50 C.F.R. Sec. 679.2 (1996);
A vessel other than a tank vessel greater than or equal to 10,000 gross tons (GT ITC) per the convention measurement (international system) as defined in 46 C.F.R. Secs. 69.51-.61 (1989);
A vessel other than a tank vessel propelled by a marine compression ignition engine with a per-cylinder displacement of greater than or equal to 30 liters; or
A tank vessel that meets any one of the criteria in (a)(i) through (iii) of this subsection.
"Ocean-going vessel" does not include a tugboat, towboat, or pushboat.
"Person" has the same meaning provided in RCW 70A.15.1030.
"Port visit" means any of the following:
Each separate and distinct entry of a vessel into a port, roadstead, or terminal facility in regulated waters that results in the vessel stopping, docking, mooring, or otherwise dropping anchor at the port. The port visit continues if the vessel moves to a different berth within the same port, but the port visit ends when the vessel leaves for or is otherwise moved to another port within the same bay or any other port;
Except as provided in (c) of this subsection, each separate and distinct entry of a vessel into an offshore location in regulated waters away from a port that results in the vessel stopping at the offshore location. The port visit ends when the vessel leaves for or is otherwise moved to a port or another offshore location; or
Each separate and distinct entry of a vessel into an offshore location in regulated waters away from a port that results in the vessel stopping, followed by entry into that port, shall constitute one port visit, provided that the offshore stop was conducted solely because the port could not accept the vessel as scheduled due to reasons beyond the reasonable control of the vessel operator or master.
"Regulated waters" means all waters within three nautical miles of a shoreline of the state, as defined in RCW 90.58.030, and including all waters of the state as defined in RCW 90.56.010.
"Roadstead" means any facility that is used for the loading, unloading, and anchoring of vessels.
"Tank vessel" has the same meaning as in RCW 90.56.010.
"Vessel" means any boat, ship, barge, tugboat, tank vessel, watercraft, or other floating craft of any kind except:
A seaplane on the water; and
A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled.
Except as provided in section 4 of this act, beginning January 1, 2028, a person may not use marine gas oil or marine diesel oil in an auxiliary engine, main engine, or auxiliary boiler on a vessel that exceeds a maximum sulfur content of 0.1 percent sulfur by weight while operating in regulated waters.
Persons subject to the requirements of this section must retain and maintain records in English that contain the following information, unless otherwise provided in rules adopted by the department:
The date, local time, and position (longitude and latitude) of the vessel for each entry into regulated waters from waters outside of regulated waters, and each departure from regulated waters to waters outside of regulated waters;
The date, local time, and position (longitude and latitude) of the vessel at the initiation and completion of any fuel switching procedures used to comply with the requirements of subsection (1) of this section prior to entry into regulated waters from waters outside of regulated waters;
The date, local time, and position (longitude and latitude) of the vessel at the initiation and completion of any fuel switching procedures within regulated waters. For purposes of this subsection, the completion of fuel switching procedures occurs the moment all engines subject to this section have completely transitioned from operation on one fuel to another fuel;
The type of fuel used in each auxiliary engine, main engine, and auxiliary boiler operated in regulated waters;
The types, amounts, and actual percent by weight sulfur content of all fuels purchased for use on the vessel, as reported by the fuel supplier or fuel testing firm; and
Other records identified by the department by rule.
A person subject to the requirements of this section that complies with subsection (1) of this section by switching fuels must retain and maintain records in English onboard the ship that contain the following information for auxiliary engines, main engines, and auxiliary boilers, unless otherwise provided in rules adopted by the department:
A fuel system diagram that shows all storage, service, and mixing tanks, fuel handling, pumping, and processing equipment, valves, and associated piping. The diagram or other documentation must list the fuel tank capacities and locations, and the nominal fuel consumption rate of the machinery at rated power;
A description of the fuel switch over procedure with detailed instructions and clear identification of responsibilities;
The make, model, rated power, and serial numbers of all main engines and auxiliary engines and make, model, rated output, and serial numbers of all auxiliary boilers subject to subsection (1) of this section; and
Other records identified by the department by rule.
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A person subject to the requirements of this section must provide in writing information specified in subsection (3) or (4) of this section upon request by the department. To the extent the person already collects the required information in English to comply with other regulatory requirements or standard practices, the person may provide the requested information in a format consistent with those other regulatory requirements or standard practices.
A person subject to the requirement of this section must provide, upon request of the department, other information necessary for the department to determine compliance with this chapter.
Any person subject to this section must provide access to the department to the vessel for the purpose of determining compliance with this section, including the review of records and information and for the purpose of collecting fuel samples for testing and analysis.
The department may permit a person to pay noncompliance fees in lieu of meeting the requirements of section 3 of this act. A person intending to pay fees under this section must notify the department prior to entry into regulated waters from waters outside of regulated waters. In order to be eligible to pay noncompliance fees under this section in lieu of complying with the requirements of section 3 of this act, the person must demonstrate to the department's satisfaction that:
Noncompliance with section 3 of this act is beyond a person's control due to unplanned redirection, inadequate fuel supply, or the inadvertent purchase of defective fuel;
Compliance cannot be achieved without vessel modifications that cannot be completed by the effective date of the requirements in section 3 of this act; or
For vessels that make port visits in Washington no more than two times per calendar year, vessel modifications would be necessary to comply with the requirements of section 3 of this act.
The department must establish, by rule, amounts and processes for the noncompliance fees that are similar to the requirements for ocean-going vessels visiting other west coast ports with similar low-sulfur fuel requirements.
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Except as provided in (b) of this subsection, noncompliance fees paid by a person under this section must be paid to the port or ports at which the vessel is conducting a port visit. Funds received by ports under this section may only be used for port electrification or other criteria pollutant emission reduction activities associated with port operations, under an enforceable agreement between the port and the department. A port may not use fees received under this section to fund projects on vessels from which noncompliance fees were paid.
If a port elects not to receive noncompliance fees under this section from a vessel that owes fees, the fees must instead be deposited in the air quality and health disparities improvement account created in RCW 70A.65.280.
The department may adopt rules to implement this chapter, including to exclude categories of vessels from the requirements of this chapter.
The department must collect a fee from persons that operate ocean-going vessels subject to the requirements of this chapter that make a port visit in this state after January 1, 2028. By rule, the department must establish the amount of the fee charged, which must be set so as to equal but not exceed the projected costs to the department to implement, administer, and enforce the requirements of this chapter.
A person violating a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty in an amount of $10,000 per day for each violation. Each violation is a separate and distinct offense. The penalty amount must be set in consideration of the previous history of the violator and the severity of the violation's impact on public health, the environment, or both, in addition to other factors deemed relevant by the department. Penalties are appealable to the pollution control hearings board, and collected penalties must be deposited in the natural climate solutions account created in RCW 70A.65.270.
The vessel sulfur pollution account is created in the state treasury. All fees received under section 4 of this act must be deposited into the account. Moneys in the account may be spent only after appropriation. The department may only use expenditures from the account for implementing, administering, and enforcing the requirements of this chapter.
(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70A.15 RCW, local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:
This act may be known and cited as the Salish Sea protection and marine clean fuels act.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.