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1992-16 Supporting the Passage of House Bill 540, Limiting the Liability of an Oil Spill Response Action Contractor.KODIAK ISLAND BOROUGH RESOLUTION NO. 92 -16 A RESOLUTION SUPPORTING THE PASSAGE OF HOUSE BILL 540, LIMITING THE LIABILITY OF AN OIL SPILL RESPONSE ACTION CONTRACTOR WHEREAS, the legislature is considering House Bill 540 and Senate Bill 270, which limit the liability of an oil spill Response Action Contractor (RAC) for release or threatened release of hazardous substances and for an act or omission that is not contrary to a state or national oil spill contingency plan; and WHEREAS, these bills also relate to the liability of an RAC for an act or omission that is not contrary to the state or national plan or an order of an on -scene coordinator; and WHEREAS, these bills repeal the requirements that liability is not limited in an action for damages to personal property not caused by oil and is only limited if the act or omission occurs within 15 days after the release of oil; and WHEREAS, House Bill 540 and Senate Bill 270 are supported by a number of private and public interest groups; and WHEREAS, RACs do not create the risk of a spill; and WHEREAS, WHEREAS, Introduced by: Requested by: Drafted by: Introduced: Amended: Adopted: Mayor Selby Mayor Selby City of Kodiak 04/16/92 04/16/92 04/16/92 it is imperative to have uniform liability standards to attract RACs to establish in Alaska; and certification standards must be consistent with other states in the event of a spill, and RACs would be wanted to respond in Alaska from other states; and Kodiak Island Borough, Alaska Resolution No. 92 -16 Page 1 of 2 WHEREAS, Alaska must attract response action contractors as no business will willingly assume the strict liability for another's actions that result in oil spill damage; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough Assembly, Kodiak, Alaska supports the passage of legislation that removes the RAC from strict liability and urges the Alaska State Legislature to enact this legislation. Section 2: Copies of this resolution be sent to the members of the Alaska State House Resources and Judiciary Committees, the Kodiak Island Borough legislative delegation, and the Kodiak Island Borough Juneau lobbyist. PASSED AND APPROVED THIS 16th DAY OF APRIL, 1992. ATTEST: c hr -tegkru Borough Clerk KODIAK ISLAND BOROUGH o Q gh Mayor Kodiak Island Borough, Alaska Resolution No. 92 -16 Page 2 of 2