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
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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
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