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Coalition Drafts Legislation to Restore Oil Spill Prevention Measures January 29, 2007 CONTACT: Korrin N. Petersen, Esq., Advocacy Director The Coalition for Buzzards Bay (508) 999-6363, ext. 206 NEW BEDFORD, MA— New legislation drafted by the Coalition and filed on January 10 by Senator Mark C.W. Montigny and Representative John F. Quinn calls for the creation of a Rescue Tug and State Pilot Program whereby tug boats would shadow oil tankers as they navigate through Buzzards Bay. Lawmakers from Westport to the Cape and Islands have signed on to the bill, which is modeled after a similar program in Washington State. Coalition Executive Director Mark Rasmussen remarked on the importance of the new bill to the ongoing campaign to prevent another oil spill in Buzzards Bay. “We are not going to rest until tug escorts are once again required for all oil barges in the Bay. Buzzards Bay is so unique in its navigational challenges that it is absolutely necessary to have an extra tug out there to react to an incident and prevent a spill. This new state bill is a key step in restoring that protection. To date, we have not been able to count on the U.S. Coast Guard (USCG) or the federal courts to protect the Bay.” According to Coalition Advocacy Director Korrin N. Petersen, Esq., this proposed legislation would return some of the major safety measures lost in the July 2006 federal court decision. “The July 2006 Federal Court ruling invalidated the tugboat escort provision of the state law and left Buzzards Bay vulnerable to another oil spill. While we still believe that the original escort tug requirement is permissible, until we receive a reversal we need to find alternative ways to protect the Bay.” The legislation amends The Massachusetts Oil Spill Prevention and Response Act of 2004, which required oil shippers to use tug escorts in Buzzards Bay. Portions of the law, including the mandatory tug provision, were struck down by a U.S. District Court ruling in July 2006. The decision is currently under appeal in the First Circuit Court of Appeals. According to Petersen, the new legislation would allow the rescue tugs to warn oil tankers of navigation hazards, report incidents, and respond to navigational accidents that could potentially lead to an oil spill, including vessels traveling outside of the USCG-recommended navigational route. Senator Therese Murray from Falmouth, who also signed onto the legislation stated, “The 2003 oil spill in Buzzards Bay was a devastating reminder to how important it is that we make every effort to protect one of southeastern Massachusetts most valuable natural resources. The creation of an on-call Rescue Tug and State Pilot Program reinforces one of the most important aspects of our recent efforts by providing ships carrying oil the necessary guidance to navigate this unique body of water. This legislation is just one more step in our continuing efforts to protect this fragile natural resource.” Representative Bill Straus from Mattapoisett also expressed his support by stating, "The legislation which I am co-sponsoring would allow for the most important of the public safety recommendations of our Oil Spill Commission to be implemented. Our goal remains doing whatever we can to stop another Bouchard disaster in Buzzards Bay or anywhere along the Massachusetts coast.” Funding for the proposed Rescue Tug and State Pilot Program would be generated by an increase in the Oil Spill Prevention and Response Fee from its current rate of 2 cents per barrel of oil landed in Massachusetts ports to 5 cents per barrel—the same fee paid by oil companies in Rhode Island. To date, the fee has been used to buy oil spill emergency response equipment for Southeastern Massachusetts cities and towns.
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