HB 305: "An Act relating to oil and hazardous substances and waiver of cost recovery for containment and cleanup of certain releases; and providing for an effective date."
00 HOUSE BILL NO. 305 01 "An Act relating to oil and hazardous substances and waiver of cost recovery for 02 containment and cleanup of certain releases; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 46.08.070(a) is amended to read: 05 (a) Except as provided in (e) of this section, the [THE] commissioner shall 06 seek reimbursement promptly under this section, AS 46.03.760(d), or federal law for 07 the cost incurred in the cleanup or containment of oil or a hazardous substance that has 08 been released. 09 * Sec. 2. AS 46.08.070(d) is amended to read: 10 (d) The department shall adopt regulations to implement the cost recovery 11 requirements of (a) and (b) of this section, but may not delay cost recovery actions 12 pending the effective date of the adoption of the regulations. The department may 13 adopt regulations to implement the provisions in (e) of this section. 14 * Sec. 3. AS 46.08.070 is amended by adding a new subsection to read:
01 (e) Notwithstanding (a) of this section and for a person otherwise liable under 02 AS 46.03.822, the department may waive all or a portion of the response costs 03 incurred by the department in the cleanup or containment of oil or a hazardous 04 substance that has been released if the department makes a written finding that 05 (1) the release was from piping, tankage, or other equipment used 06 solely to provide space heat or electrical power generation for a single-family home or 07 a residential building with four or fewer housing units; 08 (2) the person did not wilfully or negligently fail to comply with spill 09 prevention, reporting, and response requirements of the department applicable to the 10 release or the property where the release occurred; 11 (3) the person took immediate measures upon discovery of the release 12 to contain the release where possible; and 13 (4) the person provided reasonable assistance to the department and 14 other governmental entities that responded to the release, including providing 15 reasonable access to the property where the release occurred and providing 16 information requested by the department about the release and property. 17 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 TRANSITION: REGULATIONS. The Department of Environmental Conservation 20 may adopt regulations necessary to implement AS 46.08.070(e), added by sec. 3 of this Act. 21 The regulations take effect under AS 44.62 (Administrative Procedures Act), but not before 22 the effective date of the law implemented by the regulation. 23 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 RETROACTIVITY. If secs. 1 - 3 of this Act take effect after January 1, 2018, secs. 1 - 26 3 of this Act are retroactive to January 1, 2018. 27 * Sec. 6. Section 4 of this Act takes effect immediately under AS 01.10.070(c).