HCS SCR 1(RLS): Relating to the Task Force on Motorized Oil Transport.
00HOUSE CS FOR SENATE CONCURRENT RESOLUTION NO. 1(RLS) 01 Relating to the Task Force on Motorized Oil Transport. 02 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 WHEREAS concern has developed among the people of Alaska about potential 04 petroleum product spills from the Alaska Railroad and nontank vessels operating in Alaska 05 waters; and 06 WHEREAS there are many complexities in applying oil spill prevention and response 07 rules to the Alaska Railroad and to the various classes and categories of nontank vessels 08 operating in the waters in different areas of Alaska; and 09 WHEREAS it is the intent of the legislature to establish reasonable oil spill prevention 10 and response rules for the Alaska Railroad and for nontank vessels taking into account the 11 different classes of vessels and different operating conditions in Alaska and the costs 12 associated with the rules; and 13 WHEREAS it appears that several months of work by interested parties and the 14 Department of Environmental Conservation will be needed to draft the rules for consideration
01 by the legislature; 02 BE IT RESOLVED that the Alaska State Legislature establishes the Task Force on 03 Motorized Oil Transport, composed of 13 members as follows: 04 (1) one member appointed by the President of the Senate from among the 05 members of the Senate; 06 (2) one member appointed by the Speaker of the House of Representatives 07 from among the members of the House of Representatives; 08 (3) one member to serve as a representative of the United States Coast Guard, 09 appointed by the commanding officer of the 17th Coast Guard District; 10 (4) one member from a response action co-op in Alaska appointed by the 11 Governor with the advice and consent of the Senate and House members of the task force; 12 (5) one member from the Alaska Railroad appointed by the Governor with the 13 advice and consent of the Senate and House members of the task force; 14 (6) one member who is a maritime shipping agent in Alaska appointed by the 15 Governor with the advice and consent of the Senate and House members of the task force; 16 (7) one member from the Alaska Steamship Association appointed by the 17 Governor with the advice and consent of the Senate and House members of the task force; 18 (8) one member from the container ship industry operating in Alaska appointed 19 by the Governor with the advice and consent of the Senate and House members of the task 20 force; 21 (9) two members from the spot charter vessel industry in Alaska appointed by 22 the Governor with the advice and consent of the Senate and House members of the task force; 23 (10) the director of the division of spill prevention and response in the 24 Department of Environmental Conservation; 25 (11) the commissioner and deputy commissioner of the Department of 26 Environmental Conservation; and be it 27 FURTHER RESOLVED that the commissioner of environmental conservation, or the 28 deputy commissioner, shall serve as chair of the task force, and that the Department of 29 Environmental Conservation shall provide staff support to the task force; and be it 30 FURTHER RESOLVED that the task force may meet as frequently as its members 31 determine necessary to perform the work; and be it
01 FURTHER RESOLVED that the task force shall determine how to achieve the 02 following response planning goals: 03 (1) for a railroad tank car contingency plan, the ability to contain and control 04 15 percent of the maximum oil capacity of a train on the railroad within 48 hours, and cleanup 05 of the discharge within the shortest possible time consistent with minimizing damage to the 06 environment; 07 (2) for a nontank vessel contingency plan, the ability to contain and control 08 15 percent of the maximum oil capacity of the nontank vessel within 48 hours, and cleanup 09 of the discharge within the shortest possible time consistent with minimizing damage to the 10 environment; and be it 11 FURTHER RESOLVED that the means to achieve the response planning goals may 12 include the use of fleet plans, membership in a nonprofit corporation that is a primary 13 response action contractor and a contingency plan holder, and spill prevention measures; and 14 be it 15 FURTHER RESOLVED that the task force shall consider only the following 16 motorized oil transport: 17 (1) self-propelled watercraft of 400 gross registered tons or greater, except 18 when the watercraft are tank vessels, oil barges, or public vessels operated by and owned or 19 bareboat chartered by the United States, a state, a political subdivision of a state, or a foreign 20 nation; and 21 (2) railroad tank cars that are rolling stock used to transport oil in bulk as 22 cargo by rail; and be it 23 FURTHER RESOLVED that the task force shall deliver a report to the Twenty- 24 Second Alaska State Legislature on or before the day the legislature first convenes that 25 contains recommendations by the task force concerning 26 (1) Alaska statutes and regulations not subject to preemption by federal law 27 that are calculated to achieve the response planning goals for motorized oil transport using 28 existing and practically available containment equipment; 29 (2) levels of financial responsibility to respond to damages meeting the 30 requirements of AS 46.04.040, and means of proving financial responsibility to respond to 31 damages that allow use of insurers who do not agree to be subject to a direct action in state
01 court or to appoint an agent for service of process; 02 (3) changes to the planning standards necessary to take into account the special 03 conditions within waters of the state west of 157 degrees West Longitude and north of 62 04 degrees North Latitude; and be it 05 FURTHER RESOLVED that the task force is terminated on the first day of the 06 Twenty-Second Alaska State Legislature.