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HB 455: "An Act relating to the functions of the Department of Environmental Conservation; and providing for an effective date."

00HOUSE BILL NO. 455 01 "An Act relating to the functions of the Department of Environmental 02 Conservation; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 03.05.011 is amended to read: 05 Sec. 03.05.011. Powers and duties of commissioner of natural resources 06 [ENVIRONMENTAL CONSERVATION]. (a) To carry out the requirements of 07 this title, the commissioner [OF ENVIRONMENTAL CONSERVATION] may issue 08 orders, regulations, permits, quarantines, and embargoes relating to 09 (1) examination and inspection of premises containing products, 10 articles, and commodities carrying pests; 11 (2) establishment of quarantines for eradication of pests; 12 (3) establishment of standards and labeling requirements pertaining to 13 the sale of meat, fish, and poultry; 14 (4) tests and analyses that may be made and hearings that may be held

01 to determine whether the commissioner will issue a stop order or quarantine; 02 (5) cooperation with federal and other state agencies; 03 (6) regulation of fur farming; for purposes of this paragraph, "fur 04 farming" means the raising of and caring for animals for the purpose of marketing 05 their fur, or animals themselves for breeding stock; 06 (7) examination and inspection of meat, fish, and poultry advertised for 07 sale or sold to the public; 08 (8) enforcement of hazard analysis critical control point programs for 09 seafood processing that are developed in cooperation with appropriate industry 10 representatives or that are established by federal regulation and adopted by the 11 department; 12 (9) establishment of standards and conditions for the operation and 13 siting of aquatic farms and related hatcheries, including 14 (A) restrictions on the use of chemicals; and 15 (B) requirements to protect the public from contaminated 16 aquatic farm products that pose a risk to health; 17 (10) monitoring aquatic farms and aquatic farm products to ensure 18 compliance with this chapter and with the requirements of the national shellfish 19 sanitation program manual of operations published by the Food and Drug 20 Administration. 21 (b) The commissioner [OF ENVIRONMENTAL CONSERVATION] shall 22 regulate the farming of elk in a manner similar to the manner in which the 23 commissioner regulates domestic animals and livestock, to the extent that is 24 appropriate. 25 * Sec. 2. AS 03.05.025 is amended to read: 26 Sec. 03.05.025. Seafood processing permits and plans of operation. (a) A 27 person may not operate a seafood processing establishment or seafood processing 28 vessel without a seafood processing permit issued by the department [DEPARTMENT 29 OF ENVIRONMENTAL CONSERVATION]. A seafood processing permit issued 30 under this section must be renewed annually. 31 (b) A person may not operate a seafood processing establishment or a seafood

01 processing vessel without a written hazard analysis critical control point plan that 02 explains the procedures used at each critical control point in the operation of the 03 seafood processing establishment or the seafood processing vessel. The department 04 [DEPARTMENT OF ENVIRONMENTAL CONSERVATION] may review, and 05 comment on, the completeness of the hazard analysis critical control point plan 06 prepared for a seafood processing establishment or a seafood processing vessel; 07 however, the department may not require annual submission of the plan unless a 08 change in operation, product, or process necessitates a change in the plan. In this 09 subsection, "critical control point" means a point in the seafood production process 10 where a high probability exists that improper controls may cause, allow, or contribute 11 to a health hazard in the final seafood product. 12 * Sec. 3. AS 03.05.026(c) is amended to read: 13 (c) The commissioner [OF ENVIRONMENTAL CONSERVATION] shall 14 authorize the use of an "inspection" seal for display on seafood products processed by 15 a person who, at the time the products are processed, holds a permit to operate issued 16 under AS 03.05.025 [,] and who complies with regulations adopted under 17 AS 03.05.025. 18 * Sec. 4. AS 03.05.026(d) is amended to read: 19 (d) The commissioner [OF ENVIRONMENTAL CONSERVATION], after 20 consultation with the Alaska Seafood Marketing Institute, shall develop product 21 specifications and standards for the use of the "premium quality" seal on Alaska 22 seafood products. The commissioner shall authorize a seafood processor to display a 23 "premium quality" seal on products that qualify for the seal if the processor meets the 24 requirements of regulations adopted under this section and AS 03.05.025 [,] and has 25 been issued a permit to operate under AS 03.05.025. 26 * Sec. 5. AS 03.05.026(e) is amended to read: 27 (e) A person may not display a seal under this section without authorization 28 from the commissioner [OF ENVIRONMENTAL CONSERVATION]. 29 * Sec. 6. AS 03.05.085 is amended to read: 30 Sec. 03.05.085. Seafood processing research. The commissioner [OF 31 ENVIRONMENTAL CONSERVATION] may conduct studies, research, experiments,

01 and demonstrations, directly or through grants to or contracts with public or private 02 agencies, organizations, or individuals , 03 (1) to improve sanitation practices in the processing of fish and 04 fisheries products; and 05 (2) to develop improved techniques for surveillance and inspection 06 activities under this chapter. 07 * Sec. 7. AS 03.05.090 is amended to read: 08 Sec. 03.05.090. Penalty for violation. A person who violates a provision of 09 this chapter or a regulation, order, or quarantine made under authority of this chapter, 10 or violates a provision of a permit issued under this chapter, or sells seeds failing to 11 meet the labeling requirements, standards, and tests provided for by regulation of the 12 commissioner [OF NATURAL RESOURCES OR THE COMMISSIONER OF 13 ENVIRONMENTAL CONSERVATION] is guilty of a class A misdemeanor for each 14 offense. 15 * Sec. 8. AS 03.15.020 is amended to read: 16 Sec. 03.15.020. Purpose of appropriations. Appropriations available to the 17 department [DEPARTMENT OF NATURAL RESOURCES OR TO THE 18 DEPARTMENT OF ENVIRONMENTAL CONSERVATION] may be used 19 (1) to buy materials or equipment needed to control agricultural pests 20 when the persons directly affected cannot bear the total cost and the pest is one that 21 is or may become a public problem; 22 (2) to charter or hire on a custom basis equipment and operators 23 necessary for pest-control work when the persons directly affected cannot provide the 24 service and the pest is one that is or may become a public problem; 25 (3) to match federal indemnity payments to livestock owners for 26 livestock slaughtered under any cooperating livestock health program; 27 (4) to maintain a supply of vaccines, serums, and chemicals needed for 28 emergency pest control, that are not commercially available in the state. 29 * Sec. 9. AS 03.45.050 is amended to read: 30 Sec. 03.45.050. Inspection, quarantine, or destruction of livestock. 31 Domestic animals and poultry in the state are subject to inspection and test for all

01 diseases [,] and to quarantine, slaughter, or destruction when found to be infected with 02 or suffering from any contagious disease by an inspector of the Animal Disease 03 Eradication Branch, United States Department of Agriculture, or by a qualified 04 inspector authorized by the commissioner [OF ENVIRONMENTAL 05 CONSERVATION] to make inspections and tests of animals. Inspections and tests 06 of animals kept for dairy purposes by dairies that offer their products to the public in 07 the state [,] and inspection and tests of animals kept for private dairy purposes if [, 08 PROVIDED] they are readily accessible [,] shall be made at least once every year, if 09 possible, and all animals not readily accessible for inspection shall be inspected before 10 they are brought into a community where other animals used for dairy purposes are 11 kept. The commissioner may make arrangements with the Animal Disease Eradication 12 Branch, United States Department of Agriculture, for these inspections and tests. In 13 the event that arrangements cannot be made with the Animal Disease Eradication 14 Branch, the commissioner may employ inspectors. Inspections shall be carried on in 15 cooperation with the Animal Disease Eradication Branch and in accordance with its 16 regulations. 17 * Sec. 10. AS 03.45.060(c) is amended to read: 18 (c) If the inspector determines that the animal should be slaughtered or 19 destroyed, the inspector may condemn and have the animal slaughtered or destroyed 20 in the manner the inspector determines. Reimbursement may be allowed for the 21 slaughter or destruction of dairy cattle only. In such case, the inspector and the owner 22 shall appraise the dairy cattle at a fair valuation without regard to the disease. Where 23 they cannot agree as to the value of the animal, the owner and inspector may select 24 a disinterested third party to aid in the appraisement. Where they cannot agree on the 25 selection of a third party, a peace officer in the judicial district where the inspection 26 is made may designate a third disinterested party to act with the inspector and owner 27 to determine the value of the animal. The amount realized from the sale of the carcass 28 of the slaughtered animal shall be paid to the owner of the animal , and the inspector 29 shall certify to the commissioner [OF ENVIRONMENTAL CONSERVATION] the 30 name and address of the owner, the date the animal was condemned, the appraised 31 value of the animal, together with the net sum realized from the salvage of the animal

01 [THEREOF,] or that [WHICH] could have been realized. 02 * Sec. 11. AS 03.45.070 is amended to read: 03 Sec. 03.45.070. Compensation to owners of dairy cattle destroyed; records 04 to be kept. The commissioner [OF ENVIRONMENTAL CONSERVATION] may 05 enter into cooperative agreements with the United States Department of Agriculture for 06 controlling diseases among dairy cattle and may match federal indemnity payments for 07 livestock slaughtered thereunder [,] from any funds available. The commissioner shall 08 keep a record of all payments made, with a copy of the inspector's certification of 09 appraised value and salvage value. 10 * Sec. 12. AS 03.45.080 is amended to read: 11 Sec. 03.45.080. Record and payment of value of destroyed dairy cattle. 12 The Department of Administration shall keep a record of the appraised value of all 13 dairy cattle slaughtered or destroyed and of the salvage value of the dairy cattle 14 [THEREOF], stating the date when the animal was slaughtered or destroyed and the 15 name of the inspector who ordered the animal slaughtered or destroyed. The 16 Department of Administration, with the approval of the department [DEPARTMENT 17 OF ENVIRONMENTAL CONSERVATION], shall pay the owner of the animal 18 slaughtered or destroyed two-thirds of the difference between the appraised value and 19 the salvage value of the animal slaughtered or destroyed. The appraised valuation of 20 each slaughtered animal may not exceed $175 in the first judicial district and not more 21 than $200 in the second and third judicial districts and not more than $250 in the 22 fourth judicial district. Payment may not be made if at the time of inspection, test, or 23 destruction, the animal was upon the premises of any person to which it had been sold, 24 shipped, or delivered for the purpose of being slaughtered. Payment may not be made 25 unless the owner has complied with all lawful quarantine regulations. 26 * Sec. 13. AS 03.53.010(b) is amended to read: 27 (b) The following persons are authorized to enforce the provisions of this 28 section: 29 (1) the commissioner [OF ENVIRONMENTAL CONSERVATION]; 30 (2) a state employee authorized by the commissioner [OF 31 ENVIRONMENTAL CONSERVATION].

01 * Sec. 14. AS 08.13.210 is amended to read: 02 Sec. 08.13.210. Health and sanitary conditions. Health and sanitary 03 conditions in shops and schools of barbering, hairdressing, and cosmetology shall be 04 supervised by the Department of Health and Social Services [ENVIRONMENTAL 05 CONSERVATION]. 06 * Sec. 15. AS 16.10.240(b) is amended to read: 07 (b) Notwithstanding (a) of this section, live dungeness crab, species Cancer 08 magister, may be taken, shipped, transported, or sent from the state by means of 09 surface transportation if the crab are taken at a time and location in the state for which 10 the Department of Natural Resources [ENVIRONMENTAL CONSERVATION] does 11 not require seafood processors to test dungeness crab for the presence of marine toxins. 12 * Sec. 16. AS 16.40.050(d) is amended to read: 13 (d) Elk imported, exported, or possessed for the purpose of elk farming are 14 subject to the provisions of AS 03 and regulations adopted under AS 03 by the 15 commissioner of natural resources [OR THE COMMISSIONER OF 16 ENVIRONMENTAL CONSERVATION] for domestic animals and livestock [,] to the 17 extent they are made applicable to elk by the commissioner of natural resources 18 [COMMISSIONERS]. 19 * Sec. 17. AS 17.07.200(1) is amended to read: 20 (1) "department" means the Department of Health and Social Services 21 [ENVIRONMENTAL CONSERVATION]; 22 * Sec. 18. AS 17.20.072 is amended to read: 23 Sec. 17.20.072. Enforcement authority. The commissioner is responsible for 24 enforcing AS 17.20.010 - 17.20.072 [AS 17.20.010 - 17.20.075,] and may delegate that 25 authority as appropriate. This section does not limit the authority of peace officers. 26 * Sec. 19. AS 17.20.152 is amended to read: 27 Sec. 17.20.152. Enforcement authority. The commissioner [OF 28 ENVIRONMENTAL CONSERVATION] is responsible for enforcing AS 17.20.140 - 29 17.20.152 [AS 17.20.140 - 17.20.155,] and may delegate that authority as appropriate. 30 This section does not limit the authority of peace officers. 31 * Sec. 20. AS 17.20.180 is amended to read:

01 Sec. 17.20.180. Regulations. The department [DEPARTMENT OF 02 ENVIRONMENTAL CONSERVATION AND THE DEPARTMENT OF HEALTH 03 AND SOCIAL SERVICES] may adopt regulations for the efficient enforcement of 04 [THEIR RESPECTIVE PORTIONS OF] this chapter. The [EACH] department may 05 make the regulations conform, in so far as practicable, with those adopted under the 06 federal act. 07 * Sec. 21. AS 17.20.200(a) is amended to read: 08 (a) The commissioner [OF ENVIRONMENTAL CONSERVATION] or an 09 agent shall have free access at reasonable hours to a factory, warehouse, or 10 establishment in which foods , [OR] cosmetics , drugs, or devices are manufactured, 11 processed, packed, or held for introduction into commerce, or to enter a vehicle being 12 used to transport or hold these foods , [OR] cosmetics , drugs, or devices in commerce, 13 in order to 14 (1) inspect a factory, warehouse, establishment, or vehicle to determine 15 if the provisions of the commissioner's respective portions of this chapter are being 16 violated ; [,] and 17 (2) secure samples or specimens of a food , [OR] cosmetic , drug, or 18 device after paying or offering to pay for the sample. 19 * Sec. 22. AS 17.20.200(b) is amended to read: 20 (b) The commissioner [OF ENVIRONMENTAL CONSERVATION] shall 21 make or have made examinations of samples secured under this section to determine 22 whether or not a provision of the commissioner's respective portions of this chapter is 23 being violated. 24 * Sec. 23. AS 17.20.210 is amended to read: 25 Sec. 17.20.210. Reimbursement for expenses. The department 26 [DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE 27 DEPARTMENT OF HEALTH AND SOCIAL SERVICES] may make expenditures 28 from money appropriated for the administration of [THEIR RESPECTIVE PORTIONS 29 OF] this chapter to reimburse authorized employees or agents for amounts expended 30 without receipt, covering purchases or services obtained in securing evidence of a 31 violation of [THEIR RESPECTIVE PORTIONS OF] this chapter, upon vouchers

01 certified by the disbursing and certifying officer [OFFICERS] of the [APPROPRIATE] 02 department. Disbursement may [SHALL] not exceed $800 in any biennium. 03 * Sec. 24. AS 17.20.220(a) is amended to read: 04 (a) The commissioner [OF ENVIRONMENTAL CONSERVATION AND THE 05 COMMISSIONER OF HEALTH AND SOCIAL SERVICES] may have published 06 from time to time reports summarizing judgments, decrees, and court orders that 07 [WHICH] have been rendered under [THEIR RESPECTIVE PORTIONS OF] this 08 chapter, including the nature of the charge and the disposition of it. 09 * Sec. 25. AS 17.20.220(b) is amended to read: 10 (b) The commissioner [OF ENVIRONMENTAL CONSERVATION] may have 11 disseminated information regarding food , [AND] cosmetics , drugs, and devices that 12 [WHICH] the commissioner considers necessary in the interest of public health and the 13 protection of the consumer against fraud. This section does not prohibit the 14 commissioner from collecting, reporting, and illustrating the results of the 15 commissioner's investigations. 16 * Sec. 26. AS 17.20.230(a) is amended to read: 17 (a) Whenever the commissioner [OF ENVIRONMENTAL CONSERVATION] 18 finds or has probable cause to believe that a food , [OR] cosmetic , or drug is 19 adulterated, or a food, cosmetic, drug, or device is so misbranded as to be dangerous 20 or fraudulent within the meaning of this chapter, the commissioner shall affix to it a 21 tag or other appropriate marking, giving notice that it is or is suspected of being 22 adulterated or misbranded and has been detained or embargoed, and warning all 23 persons not to remove or dispose of it by sale or otherwise until permission for 24 removal or disposal is given by the commissioner or the court. A person may not 25 remove or dispose of a detained or embargoed article by sale or otherwise without this 26 permission. 27 * Sec. 27. AS 17.20.240 is amended to read: 28 Sec. 17.20.240. Petition for libel for condemnation. When an article 29 detained or embargoed under AS 17.20.230 has been found by the commissioner [OF 30 ENVIRONMENTAL CONSERVATION OR THE COMMISSIONER OF HEALTH 31 AND SOCIAL SERVICES, AS THE CASE MAY BE,] to be adulterated or

01 misbranded, the [APPROPRIATE] commissioner shall petition the superior court for 02 a libel for condemnation of the article. When the [THAT] commissioner finds that a 03 detained or embargoed article is not adulterated or misbranded, the commissioner shall 04 remove the tag or other marking. 05 * Sec. 28. AS 17.20.250 is amended to read: 06 Sec. 17.20.250. Destruction of adulterated or misbranded goods. If the 07 superior court finds that a detained or embargoed article is adulterated or misbranded, 08 the article [IT] shall, after entry of the decree, be destroyed at the expense of the 09 claimant, under the supervision of the commissioner [OF ENVIRONMENTAL 10 CONSERVATION OR THE COMMISSIONER OF HEALTH AND SOCIAL 11 SERVICES, AS THE CASE MAY BE]. Court costs and fees and storage and other 12 proper expenses shall be taxed against the claimant of the article. 13 * Sec. 29. AS 17.20.260 is amended to read: 14 Sec. 17.20.260. Exemption from destruction. When the adulteration or 15 misbranding can be corrected by proper labeling or processing of the article, and after 16 entry of the decree , and after costs, fees, and expenses have been paid and a good and 17 sufficient bond, conditioned that the article will be properly labeled or processed , has 18 been executed, the court may order that the article be delivered to the claimant for 19 labeling or processing under the supervision of the commissioner [OF 20 ENVIRONMENTAL CONSERVATION OR THE COMMISSIONER OF HEALTH 21 AND SOCIAL SERVICES, AS THE CASE MAY BE]. The claimant shall pay the 22 expense of supervision. The bond shall be returned to the claimant of the article on 23 representation to the court by the [APPROPRIATE] commissioner that the article is 24 no longer in violation of this chapter [,] and that the expenses of supervision have been 25 paid. 26 * Sec. 30. AS 17.20.270 is amended to read: 27 Sec. 17.20.270. Immediate destruction of contaminated food. Meat, 28 seafood, poultry, vegetable, fruit, or other perishable article in any room, building, 29 vehicle of transportation , or other structure that [WHICH] is unsound, or contains a 30 filthy, decomposed, or putrid substance, or a substance that may be poisonous or 31 deleterious to health or otherwise unsafe, is a nuisance. Whenever the commissioner

01 [OF ENVIRONMENTAL CONSERVATION] finds such an article, the commissioner 02 shall immediately condemn or destroy it or in any other manner render it unsalable as 03 human food. 04 * Sec. 31. AS 17.20.280 is amended to read: 05 Sec. 17.20.280. Injunction proceedings. The commissioner [OF 06 ENVIRONMENTAL CONSERVATION AND THE COMMISSIONER OF HEALTH 07 AND SOCIAL SERVICES] may apply to the superior court for, and the court has 08 jurisdiction to grant, a temporary or permanent injunction restraining a person from 09 violating [THEIR RESPECTIVE PORTIONS OF] AS 17.20.290. 10 * Sec. 32. AS 17.20.290(c) is amended to read: 11 (c) The commissioner [OF HEALTH AND SOCIAL SERVICES] or a 12 designee of the commissioner is responsible for enforcing the provisions of 13 [PARAGRAPHS (a)(1), (2), (3), (4), (6), (7), (8), (9), AND (10) OF] this section [, IF 14 THE SUBJECT OF THE PROHIBITED ACT INVOLVES DRUGS OR DEVICES, 15 AND THE PROVISIONS OF PARAGRAPHS (a)(5), (11), AND (13) OF THIS 16 SECTION]. This subsection does not limit the authority of peace officers. 17 * Sec. 33. AS 17.20.345(c) is amended to read: 18 (c) A person who donates to a food bank salmon from a hatchery that operates 19 under a permit issued under AS 16.10.400 - 16.10.470 is immune from liability as 20 provided in this section if the salmon is apparently fit for human consumption at the 21 time of its donation, even if the hatchery does not have a permit issued [BY THE 22 DEPARTMENT OF ENVIRONMENTAL CONSERVATION] under this chapter, 23 AS 03.05, or other statute to process fisheries products for human consumption. 24 * Sec. 34. AS 17.20.350 is amended to read: 25 Sec. 17.20.350. Report of minor violations. Nothing in this chapter requires 26 [EITHER] the commissioner [OF ENVIRONMENTAL CONSERVATION OR THE 27 COMMISSIONER OF HEALTH AND SOCIAL SERVICES, AS THE CASE MAY 28 BE,] to report minor violations of [THEIR RESPECTIVE PORTIONS OF] this chapter 29 for prosecution, or for the institution of libel or injunction proceedings, when the 30 [THAT] commissioner believes that the public interest will be adequately served by 31 a suitable written notice or warning.

01 * Sec. 35. AS 17.20.360 is amended to read: 02 Sec. 17.20.360. Hearing before report of criminal violation. The attorney 03 general, to whom the commissioner [OF ENVIRONMENTAL CONSERVATION OR 04 THE COMMISSIONER OF HEALTH AND SOCIAL SERVICES, AS THE CASE 05 MAY BE,] reports a violation of this chapter, shall institute appropriate proceedings 06 in the superior court without delay and prosecute them in the manner required by law. 07 Before a violation of this chapter is reported to the attorney general, the person against 08 whom the proceeding is contemplated shall be given appropriate notice and an 09 opportunity to respond to the [APPROPRIATE] commissioner, orally or in writing, in 10 person or by attorney, with regard to the contemplated proceeding. 11 * Sec. 36. AS 17.20.370 is amended by adding new paragraphs to read: 12 (15) "commissioner" means the commissioner of health and social 13 services; 14 (16) "department" means the Department of Health and Social Services. 15 * Sec. 37. AS 18.35.090(1) is amended to read: 16 (1) "department" means the Department of Health and Social Services 17 [ENVIRONMENTAL CONSERVATION]; 18 * Sec. 38. AS 18.35.230(1) is amended to read: 19 (1) "department" means the Department of Health and Social Services 20 [ENVIRONMENTAL CONSERVATION]; 21 * Sec. 39. AS 18.35.365 is amended to read: 22 Sec. 18.35.365. Definitions. In AS 18.35.300 - 18.35.365, 23 (1) "commissioner" means commissioner of health and social services 24 [ENVIRONMENTAL CONSERVATION]; 25 (2) "department" means the Department of Health and Social Services 26 [ENVIRONMENTAL CONSERVATION]. 27 * Sec. 40. AS 44.29.020 is amended by adding a new subsection to read: 28 (c) The Department of Health and Social Services may regulate the quality and 29 purity of commercially compressed air sold for human respiration and may adopt 30 regulations to implement this subsection. 31 * Sec. 41. AS 44.29.022(a) is amended to read:

01 (a) The commissioner of health and social services may establish by regulation 02 a schedule of reasonable fees for services provided by the Department of Health and 03 Social Services under AS 44.29.020(a)(1) - (8), AS 46.03.015, AS 47.10, AS 47.12, 04 AS 47.14, AS 47.30.655 - 47.30.910, and AS 47.80.100 - 47.80.170. The fee 05 established for a service may not exceed the actual cost of providing the service. The 06 commissioner may define or establish the "actual cost of providing a service" by 07 regulation. The Department of Health and Social Services shall charge and collect the 08 fees established under this subsection. The department may waive collection of a fee 09 upon a finding that collection is not economically feasible or in the public interest. 10 * Sec. 42. AS 44.46.020 is amended by adding a new subsection to read: 11 (b) Notwithstanding any other provision of law or any other authority given 12 to the Department of Environmental Conservation, the department may not establish 13 minimum drinking water standards or monitor public water systems. In this 14 subsection, "monitor" and "public water system" have the meanings given in 15 AS 46.03.015. 16 * Sec. 43. AS 44.46.025(a) is amended to read: 17 (a) The Department of Environmental Conservation may adopt regulations that 18 prescribe reasonable fees, and establish procedures for the collection of the fees, to 19 cover the applicable direct costs, not including travel, of inspections, permit 20 preparation and administration, plan review and approval, and other services provided 21 by the department relating to 22 (1) [AGRICULTURE AND ANIMALS UNDER AS 03.05; FOOD, 23 DRUGS, AND COSMETICS UNDER AS 17.20; AND PUBLIC 24 ACCOMMODATIONS AND FACILITIES UNDER AS 18.35; 25 (2)] certificates of inspection for motor vehicles under AS 46.14.400 26 or 46.14.510; 27 (2) [(3)] sewerage system and treatment works and wastewater disposal 28 systems, and drinking water systems, under AS 46.03.720; 29 (3) [(4) REPEALED 30 (5) REPEALED 31 (6)] water and wastewater operator training under AS 46.30;

01 (4) [(7)] control of solid waste facilities under AS 46.03.020(10) and 02 46.03.100; 03 (5) [(8)] certification of laboratories conducting environmental analyses 04 of [PUBLIC DRINKING WATER SYSTEMS OR OF] oil or hazardous substances [,] 05 or conducting other analyses required by the department; 06 (6) [(9)] certification of federal permits or authorizations under 33 07 U.S.C. 1341 (sec. 401, Clean Water Act). 08 * Sec. 44. AS 44.62.330(a)(27) is amended to read: 09 (27) Department of Health and Social Services [AND DEPARTMENT 10 OF ENVIRONMENTAL CONSERVATION] under AS 17.20 (Alaska Food, Drug, and 11 Cosmetic Act), and Department of Commerce and Economic Development in 12 connection with the licensing of embalmers and funeral directors under AS 08.42; 13 * Sec. 45. AS 44.62.330(a)(30) is amended to read: 14 (30) Department of Health and Social Services [ENVIRONMENTAL 15 CONSERVATION], under AS 18.35.010 - 18.35.090, concerning the regulation of 16 tourist and trailer camps, motor courts, and motels; 17 * Sec. 46. AS 46.03 is amended by adding a new section to article 1 to read: 18 Sec. 46.03.015. Drinking water. (a) The Department of Health and Social 19 Services 20 (1) shall monitor public water systems in the state; 21 (2) shall establish by regulation monitoring, sampling, and reporting 22 requirements for persons with public water systems; 23 (3) shall establish by regulation minimum drinking water standards for 24 the state; 25 (4) may certify laboratories conducting analyses of public drinking 26 water systems or conducting other analyses required by the Department of Health and 27 Social Services; 28 (5) may establish by regulation maintenance standards for public water 29 systems; and 30 (6) may enforce the provisions of AS 46.03.800. 31 (b) In this subsection,

01 (1) "monitor" includes sampling, analyzing, investigating, and enforcing 02 standards with regard to the system; 03 (2) "public water system" means a structural arrangement that is made 04 by a person and that provides water for human consumption, and includes systems that 05 provide water to more than one residential dwelling unit, to housing subdivisions, or 06 to a factory, office building, restaurant, school, or other similar facility, but does not 07 include a system that only serves a single-family residence. 08 * Sec. 47. AS 46.03.020(10) is amended to read: 09 (10) adopt regulations necessary to carry out [EFFECTUATE] the 10 purposes of this chapter, except AS 46.03.015, including, by way of example and not 11 limitation, regulations providing for 12 (A) control, prevention, and abatement of air, water, or land or 13 subsurface land pollution; 14 (B) safeguard standards for petroleum and natural gas pipeline 15 construction, operation, modification, or alteration; 16 (C) protection of public water supplies by establishing 17 [MINIMUM DRINKING WATER] standards [, AND STANDARDS] for the 18 construction, improvement, and maintenance of public water supply systems; 19 (D) collection and disposal of sewage and industrial waste; 20 (E) collection and disposal of garbage, refuse, and other 21 discarded solid materials from industrial, commercial, agricultural, and 22 community activities or operations; 23 (F) [REPEALED 24 (G)] control of pesticides; 25 (G) [(H)] other purposes as may be required for the 26 implementation of the policy declared in AS 46.03.010; 27 (H) [(I)] handling, transportation, treatment, storage, and 28 disposal of hazardous wastes; 29 * Sec. 48. AS 46.03.760(a) is amended to read: 30 (a) A person who violates or causes or permits to be violated a provision of 31 this chapter other than AS 46.03.250 - 46.03.314, or a provision of AS 46.04 or

01 AS 46.09, or a regulation, a lawful order of the department, a lawful order of the 02 Department of Health and Social Services under AS 46.03.015 or 46.03.800, or a 03 permit, approval, or acceptance, or term or condition of a permit, approval, or 04 acceptance issued under this chapter , [OR] AS 46.04 , or AS 46.09 is liable, in a civil 05 action, to the state for a sum to be assessed by the court of not less than $500 nor 06 more than $100,000 for the initial violation, nor more than $5,000 for each day after 07 that on which the violation continues, and that shall reflect, when applicable, 08 (1) reasonable compensation in the nature of liquidated damages for 09 any adverse environmental effects caused by the violation, which shall be determined 10 by the court according to the toxicity, degradability , and dispersal characteristics of the 11 substance discharged, the sensitivity of the receiving environment, and the degree to 12 which the discharge degrades existing environmental quality; 13 (2) reasonable costs incurred by the state in detection, investigation, and 14 attempted correction of the violation; 15 (3) the economic savings realized by the person in not complying with 16 the requirement for which a violation is charged. 17 * Sec. 49. AS 46.03.760(c) is amended to read: 18 (c) The court, upon motion of the department , or the Department of Health 19 and Social Services with regard to AS 46.03.015 or 46.03.800, or upon its own 20 motion, may defer assessment of all or part of that portion of the sum imposed upon 21 a person under (a)(3) of this section conditioned upon the person complying, within 22 the shortest feasible time, with the requirement for which a violation is shown. 23 * Sec. 50. AS 46.03.760(e) is amended to read: 24 (e) A person who violates or causes or permits to be violated a provision of 25 AS 46.03.250 - 46.03.314, AS 46.14, or a regulation, a lawful order of the department, 26 a lawful order of the Department of Health and Social Services under 27 AS 46.03.015 or 46.03.800, or a permit, approval, or acceptance, or term or condition 28 of a permit, approval, or acceptance issued under AS 46.03.250 - 46.03.314 or 29 AS 46.14 is liable, in a civil action, to the state for a sum to be assessed by the court 30 of not less than $500 nor more than $100,000 for the initial violation, nor more than 31 $10,000 for each day after that on which the violation continues, and that shall reflect,

01 when applicable, 02 (1) reasonable compensation in the nature of liquidated damages for 03 any adverse environmental effects caused by the violation, which [THAT] shall be 04 determined by the court according to the toxicity, degradability , and dispersal 05 characteristics of the substance discharged, the sensitivity of the receiving environment, 06 and the degree to which the discharge degrades existing environmental quality; for a 07 violation relating to AS 46.14, the court, in making its determination under this 08 paragraph, shall also consider the degree to which the discharge causes harm to 09 persons or property; this paragraph may not be construed to limit the right of parties 10 other than the state to recover for personal injuries or damage to their property; 11 (2) reasonable costs incurred by the state in detection, investigation, and 12 attempted correction of the violation; 13 (3) the economic savings realized by the person in not complying with 14 the requirement for which a violation is charged; and 15 (4) the need for an enhanced civil penalty to deter future 16 noncompliance. 17 * Sec. 51. AS 46.03.765 is amended to read: 18 Sec. 46.03.765. Injunctions. The superior court has jurisdiction to enjoin a 19 violation of this chapter, AS 46.04, AS 46.09, AS 46.14, or of a regulation, a lawful 20 order of the department, a lawful order of the Department of Health and Social 21 Services under AS 46.03.015 or 46.03.800, or a permit, approval, or acceptance, or 22 term or condition of a permit, approval, or acceptance issued under this chapter, 23 AS 46.04, AS 46.09, or AS 46.14. In actions brought under this section, temporary 24 or preliminary relief may be obtained upon a showing of an imminent threat of 25 continued violation, and probable success on the merits, without the necessity of 26 demonstrating physical irreparable harm. The balance of equities in actions under this 27 section may affect the timing of compliance, but not the necessity of compliance 28 within a reasonable period of time. 29 * Sec. 52. AS 46.03.780(a) is amended to read: 30 (a) A person who violates a provision of this chapter, AS 46.04, AS 46.09, or 31 AS 46.14, or who fails to perform a duty imposed by this chapter, AS 46.04,

01 AS 46.09, or AS 46.14, or violates or disregards an order, permit, or other 02 determination of the department , or of the Department of Health and Social Services 03 under AS 46.03.015 or 46.03.800, made under the provisions of this chapter, 04 AS 46.04, AS 46.09, or AS 46.14, respectively, and thereby causes the death of fish, 05 animals, or vegetation or otherwise injures or degrades the environment of the state is 06 liable to the state for damages. 07 * Sec. 53. AS 46.03.790(a) is amended to read: 08 (a) Except as provided in (d) of this section, a person is guilty of a class A 09 misdemeanor if the person with criminal negligence 10 (1) violates a provision of this chapter, AS 46.04, AS 46.09, or 11 AS 46.14, a regulation or order of the department, a regulation or order of the 12 Department of Health and Social Services under AS 46.03.015 or 46.03.800, or a 13 permit, approval, or acceptance, or a term or condition of a permit, approval, or 14 acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14; 15 (2) fails to provide information or provides false information required 16 by AS 46.03.755, AS 46.04, or AS 46.09, [OR] by a regulation adopted by the 17 department under AS 46.03.755, AS 46.04, or AS 46.09 , or by a regulation adopted 18 by the Department of Health and Social Services under AS 46.03.015 or 46.03.800 ; 19 (3) makes a false statement or representation in an application, label, 20 manifest, record, report, permit, or other document filed, maintained, or used for 21 purposes of compliance with AS 46.03.250 - 46.03.314 applicable to hazardous wastes 22 or a regulation adopted by the department under AS 46.03.250 - 46.03.314; 23 (4) makes a false statement, representation, or certification in an 24 application, notice, record, report, permit, or other document filed, maintained, or used 25 for purposes of compliance with AS 46.14 or a regulation adopted under AS 46.14; or 26 (5) renders inaccurate a monitoring device or method required to be 27 maintained under AS 46.14, a regulation adopted under AS 46.14, or a permit issued 28 by the department or a local air quality control program under AS 46.14. 29 * Sec. 54. AS 46.03.820 is amended to read: 30 Sec. 46.03.820. Emergency powers. (a) When the department , or the 31 Department of Health and Social Services under AS 46.03.015 or 46.03.800, finds,

01 after investigation, that a person is causing, engaging in, or maintaining a condition or 02 activity that, in the judgment of its commissioner presents an imminent or present 03 danger to the health or welfare of the people of the state or would result in or be likely 04 to result in irreversible or irreparable damage to the natural resources or environment, 05 and it appears to be prejudicial to the interests of the people of the state to delay action 06 until an opportunity for a hearing can be provided, the department , or the Department 07 of Health and Social Services with regard to AS 46.03.015 or 46.03.800, may, 08 without prior hearing, order that person by notice to discontinue, abate, or alleviate the 09 condition or activity. The proscribed condition or activity shall be immediately 10 discontinued, abated, or alleviated. 11 (b) Upon receipt of an order of a [THE] department made under (a) of this 12 section, the person affected has the right to be heard and to present proof to the 13 department that the condition or activity does not constitute an actual or potential 14 source of irreversible or irreparable damage to the natural resources or environment 15 of the state, or that the order may constitute a substantial private hardship. 16 (c) In the [COMMISSIONER'S] discretion of the department issuing an 17 order under (a) of this section or upon application made by the recipient of an order 18 within 15 days of receipt of the order, the department issuing the order shall schedule 19 a hearing at the earliest possible time. The hearing shall be scheduled within five days 20 of the receipt of the application. The submission of an application or the scheduling 21 of a hearing does not stay the operation of the department's order issued under (a) of 22 this section. 23 (d) After a hearing , the department issuing the order may affirm, modify, or 24 set aside the order. An order affirmed, modified, or set aside after hearing is subject 25 to judicial review as provided in AS 44.62.560. The order is not stayed pending 26 judicial review unless the commissioner of the department issuing the order so 27 directs. If an order is not immediately complied with, the attorney general, upon 28 request of the commissioner of the department issuing the order , shall seek 29 enforcement of the order. 30 (e) The department , or the Department of Health and Social Services under 31 AS 46.03.015 or 46.03.800, may adopt additional regulations prescribing the procedure

01 to be followed in the issuance of emergency orders. 02 * Sec. 55. AS 46.03.850(a) is amended to read: 03 (a) When, in the opinion of the department , or the Department of Health and 04 Social Services with regard to AS 46.03.015 or 46.03.800 , a person is violating or 05 is about to violate a provision of this chapter, AS 46.04, or AS 46.14, [OR] a 06 regulation or lawful order of the department, a regulation or lawful order of the 07 Department of Health and Social Services under AS 46.03.015 or 46.03.800, [OR] 08 a permit or certificate, [OR] a term or condition of a permit or certificate issued by the 09 department under this chapter, AS 46.04, AS 46.14, or a term or condition of a 10 permit or certificate issued by the Department of Health and Social Services 11 under AS 46.03.015 or 46.03.800, the responsible department may notify the person 12 of its determination by personal service or certified mail. The determination and 13 notice do not constitute an order under AS 46.03.820. 14 * Sec. 56. AS 46.03.850(b) is amended to read: 15 (b) The recipient of the determination shall file with the department that made 16 the determination under (a) of this section , within the time period specified in the 17 notice, a report stating what measures have been and are being taken, or are proposed 18 to be taken, to correct or control the conditions outlined in the notice. 19 * Sec. 57. AS 46.03.850(c) is amended to read: 20 (c) After the report is filed under (b) of this section or the time period 21 specified for it has elapsed, the department that made the determination under (a) 22 of this section may issue a compliance order in conformity with the authority of the 23 department and the public policy declared in AS 46.03.010. A copy of the compliance 24 order shall be served personally or sent by certified mail to the person affected. A 25 compliance order is effective upon receipt. 26 * Sec. 58. AS 46.03.850(e) is amended to read: 27 (e) The department that made the determination under (a) of this section 28 shall hold a hearing within 20 days after receipt of a request for one under (d) of this 29 section. After the hearing , the department may rescind, modify, or affirm the 30 compliance order. 31 * Sec. 59. AS 46.03.860 is amended to read:

01 Sec. 46.03.860. Inspection warrant. The department may seek search 02 warrants for the purpose of investigating actual or suspected sources of pollution or 03 contamination or to ascertain compliance or noncompliance with AS 46.14 or this 04 chapter , except AS 46.03.015, or a regulation adopted under AS 46.14 or this chapter , 05 except AS 46.03.015 . 06 * Sec. 60. AS 46.03.860 is amended by adding a new subsection to read: 07 (b) The Department of Health and Social Services may seek search warrants 08 for the purpose of investigating actual or suspected violations of AS 46.03.015 or 09 46.03.800. 10 * Sec. 61. AS 46.03.870(b) is amended to read: 11 (b) Except as specified in AS 46.03.822 - 46.03.828, a determination or order 12 of the department , or a determination or order of the Department of Health and 13 Social Services under AS 46.03.015 or 46.03.800, does not create a presumption of 14 law or finding of fact inuring to or for the benefit of persons other than the state. 15 * Sec. 62. AS 46.03.890 is amended to read: 16 Sec. 46.03.890. Enforcement authority. (a) The following persons are 17 authorized to enforce this chapter: 18 (1) a state employee authorized by the commissioner , except for 19 enforcement of AS 46.03.015 or 46.03.800 ; 20 (2) a police officer of the state ; and 21 (3) a state employee authorized by the commissioner of health and 22 social services with regard to the responsibilities of the Department of Health and 23 Social Services under this chapter . 24 (b) Inspection and enforcement employees of the department designated by the 25 commissioner are peace officers in the performance of their duties under this chapter, 26 AS 46.04, AS 46.09, and AS 46.14. Inspection and enforcement employees of the 27 Department of Health and Social Services designated by the Department of Health 28 and Social Services are peace officers in the performance of their duties under 29 AS 46.03.015 and 46.03.800. 30 * Sec. 63. AS 46.03.900(5) is amended to read: 31 (5) "commissioner" means the commissioner of environmental

01 conservation unless the context indicates otherwise ; 02 * Sec. 64. AS 46.03.900(6) is amended to read: 03 (6) "department" means the Department of Environmental Conservation 04 unless the context indicates otherwise ; 05 * Sec. 65. AS 03.05.020(b), 03.05.035(d), 03.05.040(b), 03.05.050(b), 03.05.060(b), 06 03.05.070(b), 03.05.080(b); AS 03.25.250; AS 03.58.070(1); AS 17.20.075, 17.20.155, 07 17.20.200(c), 17.20.220(c), 17.20.230(b), 17.20.290(b); AS 44.46.020(5), and 44.46.025(d) are 08 repealed. 09 * Sec. 66. TRANSITION. (a) All litigation, hearings, investigations, and other 10 proceedings pending under a law amended or repealed by this Act, or in connection with 11 functions transferred by this Act, continue in effect and may be continued and completed 12 notwithstanding an amendment or a repeal provided for in this Act. 13 (b) Certificates and orders issued under authority of a law amended or repealed by this 14 Act remain in effect for the term issued, or until revoked, vacated, or otherwise modified 15 under the provisions of this Act. 16 (c) Regulations in effect on June 30, 1998, that were adopted to implement a function 17 that is transferred by this Act remain in effect and shall be enforced by the agency to which 18 the function is transferred under this Act until amended by the agency to which the function 19 is transferred. 20 (d) Wherever in Alaska Statutes affected by this Act there is a reference to regulations 21 adopted under a section of law and there are no regulations adopted under that section because 22 previous regulations adopted under another section are being enforced under (c) of this 23 section, the reference shall be construed to refer to the previously adopted regulations until 24 they are amended by the new agency. 25 (e) All contracts, rights, liabilities, and obligations created by or under a law amended 26 or repealed by this Act, and in effect on July 1, 1998, remain in effect notwithstanding this 27 Act's taking effect. 28 (f) Records, equipment, appropriations, and other property of agencies of the state 29 whose functions are transferred under this Act shall be transferred commensurate with the 30 provisions of this Act. 31 * Sec. 67. This Act takes effect July 1, 1998.