SCS CSHB 260(FIN): "An Act relating to marine passenger vessels; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 260(FIN) 01 "An Act relating to marine passenger vessels; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 46.03 is amended by adding new sections to read: 04 Article 6A. Commercial Passenger Vessel 05 Environmental Compliance Program. 06 Sec. 46.03.460. Program established. (a) There is established the 07 commercial passenger vessel environmental compliance program providing for 08 (1) terms and conditions of vessel discharges; 09 (2) independent verification of environmental compliance; and 10 (3) allowing the department to monitor and supervise discharges from 11 commercial passenger vessels through a registration system. 12 (b) The department may adopt regulations to carry out the purposes of 13 AS 46.03.460 - 46.03.490. The department shall use negotiated regulation making 14 under AS 44.62.710 - 44.62.800, when appropriate, to develop those regulations. 15 Sec. 46.03.461. Registration requirements. (a) Except as provided in
01 AS 46.03.487, each calendar year in which the owner or operator of a commercial 02 passenger vessel intends to operate, or cause or allow to be operated, the vessel in the 03 marine waters of the state, the owner or operator of the vessel shall register with the 04 department. The registration shall be completed before the time any commercial 05 passenger vessel of the owner or operator enters the marine waters of the state in that 06 calendar year. The registration must include the following information: 07 (1) the vessel owner's business name and, if different, the vessel 08 operator's business name for each commercial passenger vessel of the owner or 09 operator that is scheduled to be in the marine waters of the state during the calendar 10 year; 11 (2) the postal address, electronic mail address, telephone number, and 12 facsimile number for the principal place of each business identified under (1) of this 13 subsection; 14 (3) the name and address of an agent for service of process for each 15 business identified under (1) of this subsection; the owner and operator shall 16 continuously maintain a designated agent for service of process whenever a 17 commercial passenger vessel of the owner or operator is in the marine waters of the 18 state, and the agent must be an individual resident of this state, a domestic corporation, 19 or a foreign corporation having a place of business in and authorized to do business in 20 this state; 21 (4) the name or call sign of and Port of Registry for each of the owner's 22 or operator's vessels that is scheduled either to call upon a port in this state or 23 otherwise to be in the marine waters of the state during the calendar year and after the 24 date of registration; and 25 (5) an agreement to comply with the terms and conditions of vessel 26 discharges specified under AS 46.03.462. 27 (b) Registration under (a) of this section shall be executed under oath by the 28 owner or operator. 29 (c) Upon request of the department, the registrant shall submit registration 30 information required under this section electronically. 31 Sec. 46.03.462. Terms and conditions of discharges. (a) An owner or
01 operator required to register under AS 46.03.461 shall comply with either the standard 02 terms and conditions of vessel discharges specified in (b) of this section or the 03 alternative terms and conditions of vessel discharges specified in (c) of this section. 04 (b) The standard terms and conditions of vessel discharges are that the owner 05 or operator 06 (1) may not discharge untreated sewage, treated sewage, or graywater 07 in a manner that violates AS 46.03.463; 08 (2) shall maintain records and provide the reports required under 09 AS 46.03.465(a); 10 (3) shall collect and test samples as required under AS 46.03.465(b) 11 and (d) and provide the reports with respect to those samples required by 12 AS 46.03.475(c); 13 (4) shall report discharges in accordance with AS 46.03.475(a); 14 (5) shall allow the department access to the vessel at the time samples 15 are taken under AS 46.03.465 for purposes of taking the samples or for purposes of 16 verifying the integrity of the sampling process; and 17 (6) shall submit records, notices, and reports to the department in 18 accordance with AS 46.03.475(b), (d), and (e). 19 (c) The department may establish alternative terms and conditions of vessel 20 discharges applicable to an owner or operator of a vessel who cannot practicably 21 comply with the standard terms and conditions of vessel discharges under (b) of this 22 section, or who wishes to use or test alternative environmental protection equipment or 23 procedures. Except as specified in alternative terms and conditions set by the 24 department under this subsection, the alternative terms and conditions of vessel 25 discharges must require compliance with the standard terms and conditions of vessel 26 discharges under (b) of this section. The department, on a case-by-case basis, may set 27 alternative terms and conditions of vessel discharges if 28 (1) the vessel owner or operator demonstrates to the department's 29 reasonable satisfaction that equivalent environmental protection can be attained 30 through other terms or conditions appropriate for the specific configuration or 31 operation of the vessel;
01 (2) the vessel owner or operator agrees to make necessary changes to 02 the vessel to allow it to comply with the standard terms and conditions of vessel 03 discharges under (b) of this section but demonstrates to the department's reasonable 04 satisfaction that additional time is needed to make the necessary changes; or 05 (3) an experimental technology or method for pollution control of a 06 discharge is being used or is proposed as one of the alternative terms and conditions of 07 vessel discharges and the department determines that the experimental technology or 08 method has a reasonable likelihood of success in providing increased protection for 09 the environment. 10 (d) Alternative terms and conditions of vessel discharges approved by the 11 department under (c) of this section may, if determined appropriate by the department, 12 include a waiver by the department of portions of the requirements of AS 46.03.463 13 and 46.03.465, for the time period that the department determines to be appropriate. 14 Sec. 46.03.463. Prohibited discharges; limitations on discharges. (a) 15 Except as provided in (h) of this section, a person may not discharge untreated sewage 16 from a commercial passenger vessel into the marine waters of the state. 17 (b) Except as provided in (h) of this section or under AS 46.03.462(c) - (d), a 18 person may not discharge treated sewage from a commercial passenger vessel into the 19 marine waters of the state that has suspended solids greater than 150 milligrams per 20 liter or a fecal coliform count greater than 200 colonies per 100 milliliters, except that 21 the department may, by regulation, adopt a protocol for retesting for fecal coliform, if 22 this discharge limit for fecal coliform is exceeded, under which a discharger will be 23 considered to be in compliance with the fecal coliform limit if the geometric mean of 24 the fecal coliform count in the samples considered under the protocol does not exceed 25 200 colonies per 100 milliliters. Upon submission by the owner or operator of a small 26 commercial passenger vessel of a plan for interim protective measures, the department 27 may extend the time for compliance of that vessel with this subsection. 28 (c) Except as provided in (h) of this section or under AS 46.03.462(c) - (d), a 29 person may not discharge graywater from a commercial passenger vessel into the 30 marine waters of the state that has suspended solids greater than 150 milligrams per 31 liter or a fecal coliform count greater than 200 colonies per 100 milliliters, except that
01 the department may, by regulation, adopt a protocol for retesting for fecal coliform, if 02 this discharge limit for fecal coliform is exceeded, under which a discharger will be 03 considered to be in compliance with the fecal coliform limit if the geometric mean of 04 the fecal coliform count in the samples considered under the protocol does not exceed 05 200 colonies per 100 milliliters. Upon submission by the owner or operator of a large 06 commercial passenger vessel of a plan for interim protective measures, the department 07 may extend the time for compliance of that vessel with this subsection for a period of 08 time that ends not later than January 1, 2003. Upon submission by the owner or 09 operator of a small commercial passenger vessel of a plan for interim protective 10 measures, the department may extend the time for compliance of that vessel with this 11 subsection. 12 (d) The department may by regulation establish numeric or narrative standards 13 for other parameters for sewage and graywater discharged from commercial passenger 14 vessels. In developing regulations under this subsection, the department shall consider 15 the best available scientific information on the environmental effects of the regulated 16 discharges, the materials and substances handled on the vessels, vessel movement 17 effects, and the availability of new technologies for wastewater. 18 (e) Except as provided in (g) and (h) of this section or under AS 46.03.462(c) - 19 (d), a person may not discharge any treated sewage or graywater from a large 20 commercial passenger vessel into the marine waters of the state unless 21 (1) the vessel is underway and proceeding at a speed of not less than 22 six knots; 23 (2) the vessel is at least one nautical mile from the nearest shore, 24 except in areas designated by the department; 25 (3) the discharge complies with all applicable vessel effluent standards 26 established under applicable federal or other law; the standards under applicable 27 federal or other law may be adopted by regulation by the department; and 28 (4) the vessel is not in an area where the discharge of treated sewage or 29 graywater is prohibited. 30 (f) Except as provided in (h) of this section, a person may not discharge 31 sewage from a small commercial passenger vessel unless the sewage has been
01 processed through a properly operated and properly maintained marine sanitation 02 device. 03 (g) The provisions of (e)(1) and (e)(2) of this section do not apply to a 04 discharge allowed under federal law. 05 (h) The provisions of (a) - (f) of this section do not apply to discharges made 06 for the purpose of securing the safety of the commercial passenger vessel or saving 07 life at sea if all reasonable precautions have been taken for the purpose of preventing 08 or minimizing the discharge. 09 Sec. 46.03.465. Information-gathering requirements. (a) Except as 10 provided under AS 46.03.462(c) - (d), the owner or operator of a commercial 11 passenger vessel shall maintain records and, upon request of the department, provide 12 to the department a report, with copies of the records related to the period of operation 13 in the marine waters of the state, detailing the dates, times, and locations, and the 14 volumes or flow-rates of any discharge of sewage or graywater into the marine waters 15 of the state. 16 (b) Except as provided under AS 46.03.462(c) - (d), while a commercial 17 passenger vessel is present in the marine waters of the state, the owner or operator of 18 the vessel shall collect routine samples of the vessel's sewage and graywater that is 19 being discharged into the marine waters of the state with a sampling technique 20 approved by the department before the sample is collected. The number of routine 21 samples for each vessel to be collected under this subsection shall be the greater of 22 two per calendar year or the number of samples required to be collected under federal 23 statutes and regulations for sewage or graywater discharges. 24 (c) Except as provided under AS 46.03.462(c) - (d), while a commercial 25 passenger vessel is present in the marine waters of the state, the department, or an 26 independent contractor retained by the department, may collect additional samples of 27 the vessel's sewage and graywater that is being discharged into the marine waters of 28 the state. 29 (d) Except as provided under AS 46.03.462(c) - (d), the owner or operator of a 30 vessel required to collect samples under (b) of this section shall have the samples 31 tested to measure for fecal coliform, ammonia, residual chlorine, pH (degree of acidity
01 or alkalinity), chemical oxygen demand (COD), biochemical oxygen demand (BOD), 02 total suspended solids, and other parameters as required by the department in the 03 samples with an analytical testing method that was approved by the department before 04 the testing is conducted. A laboratory used for testing under this subsection shall 05 agree not to disclose the testing results to any person other than to the department, the 06 United States Coast Guard, or the owner or operator of the vessel. 07 (e) The owner or operator of a commercial passenger vessel shall pay for all 08 routine sampling under (b) of this section and the testing of routine samples. The 09 department shall pay for all additional sampling under (c) of this section and the 10 testing of the additional samples. 11 (f) If the owner or operator of a commercial passenger vessel has, when 12 complying with another state or federal law that requires substantially equivalent 13 information gathering, gathered the type of information required under (a), (b), or (d) 14 of this section, the owner or operator shall be considered to be in compliance with that 15 subsection so long as the information is also provided to the department. 16 Sec. 46.03.470. Record keeping requirements. An owner or operator 17 subject to AS 46.03.465 shall record the information required to be gathered under that 18 section and shall maintain the records for three years after the date the information 19 was gathered. 20 Sec. 46.03.475. Reporting requirements. (a) An owner or operator of a 21 commercial passenger vessel who becomes aware of a discharge in violation of 22 AS 46.03.463 shall immediately report that discharge to the department. There is no 23 audit report privilege under AS 09.25.450 for this information. 24 (b) If the owner or operator of a commercial passenger vessel operating in the 25 marine waters of the state is required by the Administrator of the Environmental 26 Protection Agency or the secretary of the federal department in which the United 27 States Coast Guard is operating to collect samples and test sewage or graywater and 28 keep records of the sampling and testing, the owner or operator shall, within 21 days 29 after the sewage or graywater is tested, submit to the department a copy of the records. 30 (c) Within 21 days after the testing required under AS 46.03.465(d), the owner 31 or operator shall submit a written report to the department that contains the
01 measurements required under AS 46.03.465(d) and describes the sampling technique 02 and analytical testing methods used. The information in the report required under this 03 subsection may be provided by referring to, and including copies of, other reports that 04 are required by substantially equivalent state or federal reporting requirements. 05 (d) If the owner or operator of a commercial passenger vessel operating in the 06 marine waters of the state is required by the laws of the United States or by the laws of 07 Canada or of a province or territory of Canada to file a report or provide notice of a 08 discharge or offloading of a hazardous waste, as defined in AS 46.03.900, or of a 09 hazardous substance, as defined in AS 46.03.826, that was generated, discharged, or 10 offloaded while the vessel was operating in the marine waters of the state, the owner 11 or operator shall submit to the department a copy of the report or notice within 21 days 12 after having provided the report or notice to an agency of the government of the 13 United States or to an agency of the government of Canada or of a province or 14 territory of Canada. 15 (e) Before the operation of a commercial passenger vessel in the marine 16 waters of the state, the owner or operator of the vessel shall provide to the department 17 a plan that describes the vessel's policies and procedures for 18 (1) offloading in this state or disposing into the marine waters of the 19 state of nonhazardous solid waste other than sewage; and 20 (2) offloading of hazardous waste or a hazardous substance from the 21 vessel while it is operating in the marine waters of the state to the extent that the 22 offloading is not covered by (d) of this section. 23 (f) Upon request of the department, the information required under this section 24 shall be submitted electronically. 25 (g) This section does not relieve the owner or operator of a commercial 26 passenger vessel from other applicable reporting requirements of state or federal law. 27 Sec. 46.03.480. Fees. (a) There is imposed an environmental compliance fee 28 on each commercial passenger vessel operating in the marine waters of the state. 29 (b) The fee imposed by (a) of this section for all commercial passenger vessels 30 is a separate fee for each voyage during which the commercial passenger vessel 31 operates in the marine waters of the state. The fee shall range from $.70 to $1.75 per
01 berth, based on the overnight accommodation capacity of the vessel, determined with 02 reference to the number of lower berths, according to the following categories: 03 (1) $75 for a commercial passenger vessel with overnight 04 accommodations for at least 50 but not more than 99 passengers for hire; 05 (2) $175 for a commercial passenger vessel with overnight 06 accommodations for at least 100 but not more than 249 passengers for hire; 07 (3) $375 for a commercial passenger vessel with overnight 08 accommodations for at least 250 but not more than 499 passengers for hire; 09 (4) $750 for a commercial passenger vessel with overnight 10 accommodations for at least 500 but not more than 999 passengers for hire; 11 (5) $1,250 for a commercial passenger vessel with overnight 12 accommodations for at least 1,000 but not more than 1,499 passengers for hire; 13 (6) $1,750 for a commercial passenger vessel with overnight 14 accommodations for at least 1,500 but not more than 1,999 passengers for hire; 15 (7) $2,250 for a commercial passenger vessel with overnight 16 accommodations for at least 2,000 but not more than 2,499 passengers for hire; 17 (8) $2,750 for a commercial passenger vessel with overnight 18 accommodations for at least 2,500 but not more than 2,999 passengers for hire; 19 (9) $3,250 for a commercial passenger vessel with overnight 20 accommodations for at least 3,000 but not more than 3,499 passengers for hire; 21 (10) $3,750 for each commercial passenger vessel with overnight 22 accommodations for 3,500 or more passengers for hire. 23 (c) A commercial passenger vessel operating in the marine waters of the state 24 is liable for the fee imposed by this section. The fee is due and payable to the 25 department in the manner and at the times required by the department by regulation. 26 Sec. 46.03.482. Commercial passenger vessel environmental compliance 27 fund. (a) The commercial passenger vessel environmental compliance fund is created 28 in the general fund. 29 (b) The fund consists of the following, all of which shall be deposited in the 30 fund upon receipt: 31 (1) money received by the department in payment of fees under
01 AS 46.03.480; 02 (2) money received under AS 46.03.760(e) as a result of a violation 03 related to AS 46.03.460 - 46.03.490 unless the money would otherwise be deposited in 04 the oil and hazardous substance release prevention and response fund established by 05 AS 46.08.010; 06 (3) money appropriated to the fund by the legislature; 07 (4) earnings on the fund. 08 (c) The legislature may make appropriations from the fund to the department 09 to pay for the department's operational costs necessary to prepare reports that assess 10 the information received by the department for the cruise ship seasons of 2000, 2001, 11 2002, and 2003 and for the department's operational costs necessary to carry out 12 activities under AS 46.03.460 - 46.03.490 related to commercial passenger vessels. 13 (d) The unexpended and unobligated balance of an appropriation made from 14 the fund to the department for the purposes described in (c) of this section lapses into 15 the fund on December 31 following the end of the period for which the appropriation 16 was made. 17 (e) Nothing in this section creates a dedicated fund. 18 Sec. 46.03.485. Recognition program. The department may engage in 19 efforts to encourage and recognize superior environmental protection efforts made by 20 the owners or operators of commercial passenger vessels that exceed the requirements 21 established by law. 22 Sec. 46.03.487. Exemption for vessels in innocent passage. AS 46.03.460 - 23 46.03.490 do not apply to a commercial passenger vessel that operates in the marine 24 waters of the state solely in innocent passage. For purposes of this section, a vessel is 25 engaged in innocent passage if its operation in marine waters of the state, regardless of 26 whether the vessel is a United States or foreign-flag vessel, would constitute innocent 27 passage under the 28 (1) Convention on the Territorial Sea and the Contiguous Zone, 29 April 29, 1958, 15 U.S.T. 1606; or 30 (2) United Nations Convention on the Law of the Sea 1982, 31 December 10, 1982, United Nations Publication No. E.83.V.5, 21 I.L.M. 1261 (1982),
01 were the vessel a foreign-flag vessel. 02 Sec. 46.03.488. Activities of the department. The department may engage in 03 the following activities related to commercial passenger vessels operating in the 04 marine waters of the state: 05 (1) direct in-water monitoring of discharges of sewage and graywater 06 and direct monitoring of the opacity of air emissions from those vessels; 07 (2) monitoring and studying of direct or indirect environmental effects 08 of those vessels; and 09 (3) researching ways to reduce effects of the vessels on marine waters 10 and other coastal resources. 11 Sec. 46.03.490. Definitions. In AS 46.03.460 - 46.03.490, 12 (1) "agent for service of process" means an agent upon whom process, 13 notice, or demand required or allowed by law to be served upon the owner or operator 14 may be served; 15 (2) "commercial passenger vessel" means a vessel that carries 16 passengers for hire, except that "commercial passenger vessel" does not include a 17 vessel 18 (A) that does not provide overnight accommodations for at 19 least 50 passengers for hire, determined with reference to the number of lower 20 berths; or 21 (B) operated by the state, the United States, or a foreign 22 government; 23 (3) "discharge" means any release, however caused, from a 24 commercial passenger vessel, and includes any escape, disposal, spilling, leaking, 25 pumping, emitting, or emptying; 26 (4) "federal cruise ship legislation" means secs. 1401 - 1414 of H.R. 27 5666, incorporated by reference into P.L. 106 - 554, as set out in a note under 33 28 U.S.C. 1901; 29 (5) "fund" means the commercial passenger vessel environmental 30 compliance fund established under AS 46.03.482; 31 (6) "graywater" means galley, dishwasher, bath, and laundry waste
01 water; 02 (7) "large commercial passenger vessel" means a commercial 03 passenger vessel that provides overnight accommodations for 250 or more passengers 04 for hire, determined with reference to the number of lower berths; 05 (8) "marine waters of the state" means all waters within the boundaries 06 of the state together with all of the waters of the Alexander Archipelago even if not 07 within the boundaries of the state; 08 (9) "offloading" means the removal of a hazardous substance, 09 hazardous waste, or nonhazardous solid waste from a commercial passenger vessel 10 onto or into a controlled storage, processing, or disposal facility or treatment works; 11 (10) "passengers for hire" means vessel passengers for whom 12 consideration is contributed as a condition of carriage on the vessel, whether directly 13 or indirectly flowing to the owner, charterer, operator, agent, or any other person 14 having an interest in the vessel; 15 (11) "sewage" means human body wastes and the wastes from toilets 16 and other receptacles intended to receive or retain human body waste; 17 (12) "small commercial passenger vessel" means a commercial 18 passenger vessel that provides overnight accommodations for 249 or fewer passengers 19 for hire, determined with reference to the number of lower berths; 20 (13) "treated sewage" means sewage that meets all applicable effluent 21 limitation standards and processing requirements of 33 U. S. C. 1251 - 1376 (Federal 22 Water Pollution Control Act), as amended, the federal cruise ship legislation, and 23 regulations adopted under 33 U.S.C. 1251 - 1376 or under the federal cruise ship 24 legislation; 25 (14) "untreated sewage" means sewage that is not treated sewage; 26 (15) "vessel" means any form or manner of watercraft, other than a 27 seaplane on the water, whether or not capable of self-propulsion; 28 (16) "voyage" means a vessel trip to or from one or more ports of call 29 in the state with the majority of the passengers for hire completing the entire vessel 30 trip; a vessel trip involving stops at more than one port of call is considered a single 31 voyage so long as the majority of passengers for hire complete the entire trip;
01 (17) "waters of the Alexander Archipelago" means all waters under the 02 sovereignty of the United States within or near Southeast Alaska, beginning at a point 03 58 degrees 11 minutes 41 seconds North, 136 degrees 39 minutes 25 seconds West 04 (near Cape Spencer Light), thence southeasterly along a line three nautical miles 05 seaward of the baseline from which the breadth of the territorial sea is measured in the 06 Pacific Ocean and the Dixon Entrance, except where this line intersects geodesics 07 connecting the following five pairs of points: (A) 58 degrees 05 minutes 17 seconds 08 North, 136 degrees 33 minutes 49 seconds West and 58 degrees 11 minutes 41 09 seconds North, 136 degrees 39 minutes 25 seconds West (Cross Sound); (B) 56 10 degrees 09 minutes 40 seconds North, 134 degrees 40 minutes 00 seconds West and 11 55 degrees 49 minutes 15 seconds North, 134 degrees 17 minutes 40 seconds West 12 (Chatham Strait); (C) 55 degrees 49 minutes 15 seconds North, 134 degrees 17 13 minutes 40 seconds West and 55 degrees 50 minutes 30 seconds North, 133 degrees 14 54 minutes 15 seconds West (Sumner Strait); (D) 54 degrees 41 minutes 30 seconds 15 North, 132 degrees 01 minutes 00 seconds West and 54 degrees 51 minutes 30 16 seconds North, 131 degrees 20 minutes 45 seconds West (Clarence Strait); (E) 54 17 degrees 51 minutes 30 seconds North, 131 degrees 20 minutes 45 seconds West and 18 54 degrees 46 minutes 15 seconds North, 130 degrees 52 minutes 00 seconds West 19 (Revillagigedo Channel); the portion of each such geodesic situated beyond three 20 nautical miles from the baseline from which the breadth of the territorial sea is 21 measured forms the outer limit of the waters of the Alexander Archipelago in those 22 five locations. 23 * Sec. 2. AS 37.05.146(b)(4) is amended by adding a new subparagraph to read: 24 (XX) receipts described in AS 46.03.482(b)(1) and (2) received 25 under the commercial passenger vessel environmental compliance program; 26 * Sec. 3. AS 46.03.760(e) is amended to read: 27 (e) A person who violates or causes or permits to be violated a provision of 28 AS 46.03.250 - 46.03.313, 46.03.460 - 46.03.475 [AS 46.03.250 - 46.03.314], 29 AS 46.14, or a regulation, a lawful order of the department, or a permit, approval, or 30 acceptance, or term or condition of a permit, approval, or acceptance issued under 31 AS 46.03.250 - 46.03.313, 46.03.460 - 46.03.475, [AS 46.03.250 - 46.03.314] or
01 AS 46.14 is liable, in a civil action, to the state for a sum to be assessed by the court of 02 not less than $500 nor more than $100,000 for the initial violation, nor more than 03 $10,000 for each day after that on which the violation continues, and that shall reflect, 04 when applicable, 05 (1) reasonable compensation in the nature of liquidated damages for 06 any adverse environmental effects caused by the violation, that shall be determined by 07 the court according to the toxicity, degradability and dispersal characteristics of the 08 substance discharged, the sensitivity of the receiving environment, and the degree to 09 which the discharge degrades existing environmental quality; for a violation relating to 10 AS 46.14, the court, in making its determination under this paragraph, shall also 11 consider the degree to which the discharge causes harm to persons or property; for a 12 violation of AS 46.03.463, the court, in making its determination under this 13 paragraph, shall also consider the volume of the graywater or sewage discharged; 14 this paragraph may not be construed to limit the right of parties other than the state to 15 recover for personal injuries or damage to their property; 16 (2) reasonable costs incurred by the state in detection, investigation, 17 and attempted correction of the violation; 18 (3) the economic savings realized by the person in not complying with 19 the requirement for which a violation is charged; and 20 (4) the need for an enhanced civil penalty to deter future 21 noncompliance. 22 * Sec. 4. AS 46.03.790(a) is amended to read: 23 (a) Except as provided in (d) of this section, a person is guilty of a class A 24 misdemeanor if the person with criminal negligence 25 (1) violates a provision of this chapter, AS 46.04, AS 46.09, or 26 AS 46.14, a regulation or order of the department, or a permit, approval, or 27 acceptance, or a term or condition of a permit, approval, or acceptance issued under 28 this chapter, AS 46.04, AS 46.09, or AS 46.14; 29 (2) fails to provide information or provides false information required 30 by AS 46.03.465, 46.03.475, 46.03.755, AS 46.04, or AS 46.09, or by a regulation 31 adopted by the department under AS 46.03.460, 46.03.755 [AS 46.03.755], AS 46.04,
01 or AS 46.09; 02 (3) makes a false statement or representation in an application, label, 03 manifest, record, report, permit, or other document filed, maintained, or used for 04 purposes of compliance with AS 46.03.250 - 46.03.313 [AS 46.03.250 - 46.03.314] 05 applicable to hazardous wastes or a regulation adopted by the department under 06 AS 46.03.250 - 46.03.313 [AS 46.03.250 - 46.03.314]; 07 (4) makes a false statement, representation, or certification in an 08 application, notice, record, report, permit, or other document filed, maintained, or used 09 for purposes of compliance with AS 46.03.460 - 46.03.475, AS 46.14, or a regulation 10 adopted under AS 46.03.460 or AS 46.14; or 11 (5) renders inaccurate a monitoring device or method required to be 12 maintained under AS 46.14, a regulation adopted under AS 46.14, or a permit issued 13 by the department or a local air quality control program under AS 46.14. 14 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 APPLICABILITY OF REPORTING REQUIREMENTS. (a) Notwithstanding 17 AS 46.03.461(a), enacted by sec. 1 of this Act, the first registration required under 18 AS 46.03.461(a) for the owner or operator of a commercial passenger vessel that is subject to 19 that section and is in the marine waters of the state on July 1, 2001, is 11:59 p.m., Alaska 20 Daylight Time, on July 3, 2001. 21 (b) The information-gathering and record keeping requirements of AS 46.03.465 and 22 46.03.470, enacted by sec. 1 of this Act, apply on and after July 1, 2001. The first report that 23 is due under AS 46.03.475(b) - (f), enacted by sec. 1 of this Act, is due August 21, 2001. 24 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TRANSITION: INITIAL IMPLEMENTATION OF FEES. (a) For a commercial 27 passenger vessel voyage occurring on or after July 1, 2001, and before the effective date of 28 regulations adopted by the department under AS 46.03.480, enacted by sec. 1 of this Act, 29 providing for payment of the environmental compliance fee, the environmental compliance 30 fee required by AS 46.03.480, enacted by sec. 1 of this Act, for each voyage during which the 31 commercial passenger vessel is scheduled to operate in the marine waters of this state, is due
01 and payable to the department on or before July 31 of the calendar year in which the voyage is 02 scheduled to occur. An additional amount owed under this subsection because of an 03 unscheduled voyage, or a refund request under this subsection because of a cancelled voyage, 04 shall be submitted to the department within 30 days after the vessel's last voyage in the marine 05 waters of the state in that calendar year. 06 (b) In this section, "commercial passenger vessel," "department," "marine waters of 07 the state," and "voyage" have the meanings given in AS 46.03.490, enacted by sec. 1 of this 08 Act. 09 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 DELAYED APPLICABILITY TO SMALLER VESSELS. (a) Notwithstanding 12 sec. 11 of this Act, AS 46.03.463(a) - (d) and 46.03.480, enacted by sec. 1 of this Act, do not 13 apply until January 1, 2004, in the case of small commercial passenger vessels. 14 (b) In this section, "small commercial passenger vessel" has the meaning given in 15 AS 46.03.490, enacted by sec. 1 of this Act. 16 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 ASSESSMENT REPORTS. (a) By December 1, 2002, the department shall submit to 19 the governor a report that assesses the information received by the department for the cruise 20 ship seasons of 2000, 2001, and 2002 related to small commercial passenger vessels. The 21 report must include 22 (1) a characterization, to the extent possible, of the risks to the marine and 23 human environments posed by the discharge of sewage and graywater from small commercial 24 passenger vessels; 25 (2) evaluation of the sewage and graywater treatment systems and 26 technologies on the vessels, including an evaluation of whether small commercial passenger 27 vessels should be made subject to the requirements of AS 46.03.463(e) on and after January 1, 28 2004; and 29 (3) recommendations for future action by the state in relation to matters 30 discussed in the report. 31 (b) By January 15, 2004, the Department of Environmental Conservation shall submit
01 to the governor a report that assesses the information received by the department for the cruise 02 ship seasons of 2000, 2001, 2002, and 2003 related to commercial passenger vessels. The 03 report must include 04 (1) a characterization, to the extent possible, of the risks to the marine and 05 human environments posed by the discharge of sewage and graywater from commercial 06 passenger vessels; 07 (2) evaluation of the sewage and graywater treatment systems and 08 technologies on the vessels; and 09 (3) recommendations for future action by the state in relation to the matters 10 discussed in the report. 11 (c) While producing the assessments required under this section, the department shall 12 consult its own records, appropriate federal agencies, owners and operators of passenger and 13 other vessels, affected parties, and other appropriate sources of information. 14 (d) The department shall notify the legislature when the reports required under this 15 section have been submitted to the governor. 16 (e) In this section, 17 (1) "commercial passenger vessel" has the meaning given in AS 46.03.490, 18 enacted by sec. 1 of this Act; 19 (2) "department" means the Department of Environmental Conservation; 20 (3) "small commercial passenger vessel" has the meaning given in 21 AS 46.03.490, enacted by sec. 1 of this Act. 22 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION: REGULATIONS. Notwithstanding sec. 11 of this Act, the 25 Department of Environmental Conservation may immediately proceed to adopt regulations 26 necessary to implement this Act. A regulation adopted under this section takes effect under 27 AS 44.62 (Administrative Procedure Act) but not before the effective date of the statutory 28 provision implemented by the regulation. 29 * Sec. 10. Section 9 of this Act takes effect immediately under AS 01.10.070(c). 30 * Sec. 11. Except as provided in sec. 10 of this Act, this Act takes effect July 1, 2001.