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CCS SCR 1: Relating to the Task Force on Motorized Oil Transport.

00CONFERENCE CS FOR SENATE CONCURRENT RESOLUTION NO. 1 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 a number of 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 27 (12) other participants as may be agreed to by the commissioner of 28 environmental conservation and the Senate and House members of the task force; and be it 29 FURTHER RESOLVED that the commissioner of environmental conservation, or the 30 deputy commissioner, shall serve as chair of the task force, and that the Department of 31 Environmental Conservation shall provide staff support to the task force; and be it

01 FURTHER RESOLVED that the task force may meet as frequently as its members 02 determine necessary to perform the work; and be it 03 FURTHER RESOLVED that the task force shall determine how to achieve response 04 planning standards for a railroad tank car contingency plan and for a nontank vessel 05 contingency plan as set out in a version of an Act of the Twenty-First Alaska Legislature 06 regarding oil discharge prevention, and relating to contingency plans and proof of financial 07 responsibility for all self-propelled nontank vessels exceeding 400 gross registered tonnage and 08 for railroad tank cars; and authorizing inspection of nontank vessels and trains; and be it 09 FURTHER RESOLVED that the task force shall consider only the following 10 motorized oil transport: 11 (1) self-propelled watercraft of more than 400 gross registered tons, except 12 when the watercraft are tank vessels, oil barges, or public vessels operated by and owned or 13 bareboat chartered by the United States, a state, a political subdivision of a state, or a foreign 14 nation; and 15 (2) railroad tank cars that are rolling stock used to transport oil in bulk as 16 cargo by rail; and be it 17 FURTHER RESOLVED that the task force shall deliver a report to the Twenty- 18 Second Alaska State Legislature on or before the day the legislature first convenes that 19 contains recommendations by the task force concerning 20 (1) Alaska statutes and regulations not subject to preemption by federal law 21 that are calculated to achieve the response planning standard for motorized oil transport in a 22 practical and cost-efficient manner; the Department of Environmental Conservation has the 23 burden of showing why the response planning standard cannot be implemented using 24 containment equipment that is readily available for purchase in the market; 25 (2) practical measures to implement the response planning standard as are 26 necessary to take into account the special conditions within waters of the state west of 157 27 degrees West Longitude or north of 62 degrees North Latitude; 28 (3) use of fleet plans, vessel agents, generic contingency plan contents 29 established by regulations, streamlined contingency plans with membership in a nonprofit 30 corporation that is a primary response action contractor, and spill prevention measures as 31 means of achieving the response planning standard; and

01 (4) inspection measures to be included in the regulations; and be it 02 FURTHER RESOLVED that the task force is terminated on the first day of the 03 Twenty-Second Alaska State Legislature.