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HB 322: "An Act relating to penalties for discharges of oil and other pollution violations; relating to oil discharge prevention and contingency plans for commercial motor vehicles transporting crude oil; and providing for an effective date."

00                             HOUSE BILL NO. 322                                                                          
01 "An Act relating to penalties for discharges of oil and other pollution violations; relating                            
02 to oil discharge prevention and contingency plans for commercial motor vehicles                                         
03 transporting crude oil; and providing for an effective date."                                                           
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 46.03.758(a) is amended to read:                                                                   
06            (a)  The legislature finds that                                                                              
07 (1)  [RECENT INFORMATION DISCLOSES THAT] the discharge of                                                               
08 oil may cause significant short and long-term damage to the state's environment; even                                   
09 minute quantities of oil released to the environment may cause high mortalities among                                   
10       larval and juvenile forms of important commercial species, may affect salmon                                      
11       migration patterns, and may otherwise degrade and diminish the renewable resources                                
12       of the state;                                                                                                     
13                 (2)  the exact nature and extent of oil pollution can be neither                                        
14       documented with certainty nor precisely quantified on a spill-by-spill basis; however,                            
01 in light of the magnitude of harm that [WHICH] may be caused by oil discharges, and                                 
02 the vital importance of commercial, sport, and subsistence fishing, tourism, and the                                    
03 state's natural abundance and beauty to the economic future of the state and its quality                                
04 of life, it is the judgment of the legislature that substantial civil penalties should be                               
05 imposed for the discharge of oil in order to provide a meaningful incentive for the safe                                
06 handling of oil and to ensure [INSURE] that the public does not bear substantial                                    
07 losses from oil pollution for which, because of its subtle, long-term, or unquantifiable                                
08       nature, compensation would not otherwise be received; and                                                         
09 (3)  the handling of oil in large quantities is a hazardous undertaking                                                 
10 that poses a significant threat to the economy and environment of the state, which can                                  
11 be substantially reduced only by the taking of rigorous safety precautions involving                                    
12 considerable expense; conversely, persons handling oil in smaller amounts pose a                                        
13 correspondingly lower risk to the economy and environment of the state, and are                                         
14 capable of safe oil handling practices at correspondingly lower costs; in order to                                      
15 provide an incentive that is effective, [BUT NOT PUNITIVE,] it is necessary and                                         
16 appropriate that the assessment of [CIVIL] penalties for discharges of small quantities                                 
17 of oil be left for case-by-case [JUDICIAL] determination, while ensuring, through the                                   
18 penalty provisions of this section, that the handling of oil in large quantities occurs in                              
19       a manner that will not impair the renewable resources of the state.                                               
20    * Sec. 2. AS 46.03.758(b) is amended to read:                                                                      
21 (b)  The [NO LATER THAN THE 10TH DAY AFTER THE CONVENING                                                            
22 OF THE SECOND SESSION OF THE TENTH ALASKA LEGISLATURE, THE]                                                             
23 department shall establish in [SUBMIT TO THE LEGISLATURE] regulations                                               
24       [ESTABLISHING] the following schedule of fixed penalties for discharges of oil:                                   
25 (1)  subject to (2) of this subsection, the penalties for the following                                                 
26       categories of receiving environments may not exceed                                                               
27 (A)  $20 [$10] per gallon of oil that [WHICH] enters an                                                         
28 anadromous stream or other freshwater environment with significant aquatic                                              
29            resources;                                                                                                   
30 (B)  $5 [$2.50] per gallon of oil that [WHICH] enters an                                                        
31            estuarine, intertidal or confined saltwater environment; and                                                 
01                      (C)  $2 [$1] per gallon of oil that [WHICH] enters an                                      
02            unconfined saltwater environment, public land or freshwater environment                                      
03            without significant aquatic resources;                                                                       
04 (2)  for discharges of oil that are caused by the gross negligence or                                                   
05 intentional act of the discharger, or when the court finds that the discharger did not                                  
06 take reasonable measures to contain and clean up the discharged oil, the penalty shall                                  
07 be determined by multiplying the penalty established under (1) of this subsection by a                                  
08       factor of five.                                                                                                   
09    * Sec. 3. AS 46.03.758 is amended by adding a new subsection to read:                                              
10 (m)  The department shall annually increase the amounts of the civil penalties                                          
11 authorized in (b) of this section by a percentage equal to the percentage of increase in                                
12 all items of the Consumer Price Index for all urban consumers for Anchorage, Alaska.                                    
13       The index for January of 2018 is the reference base index.                                                        
14    * Sec. 4. AS 46.03.759(a) is amended to read:                                                                      
15 (a)  A person who is found to be liable under any other state law for an                                                
16 unpermitted discharge of crude oil in excess of 18,000 gallons is, in addition to                                       
17 liability for any other penalties or for damages or the cost of containment and cleanup,                                
18 liable to the state in a civil action for a civil penalty, up to a maximum of                                           
19       $500,000,000, in the amount of                                                                                    
20 (1)  $16 [$8] per gallon of crude oil discharged for the first 420,000                                              
21       gallons discharged; and                                                                                           
22 (2)  $25 [$12.50] per gallon of crude oil discharged for amounts                                                    
23       discharged in excess of 420,000 gallons.                                                                          
24    * Sec. 5. AS 46.03.759 is amended by adding new subsections to read:                                               
25 (h)  For the purpose of determining the volume of discharged crude oil under                                            
26 this section, the department shall include the produced water, if any, that was mixed                                   
27       with the discharged crude oil at the time of the discharge.                                                       
28 (i)  The department shall annually increase the amounts of the civil penalties                                          
29 authorized in (a) of this section by a percentage equal to the percentage of increase in                                
30 all items of the Consumer Price Index for all urban consumers for Anchorage, Alaska.                                    
31       The index for January of 2018 is the reference base index.                                                        
01    * Sec. 6. AS 46.03.760(a) is amended to read:                                                                      
02 (a)  A person who violates or causes or permits to be violated a provision of                                           
03 this chapter other than AS 46.03.250 - 46.03.313, or a provision of AS 46.04 or                                         
04 AS 46.09, or a regulation, a lawful order of the department, or a permit, approval, or                                  
05 acceptance, or term or condition of a permit, approval, or acceptance issued under this                                 
06 chapter or AS 46.04 or AS 46.09 is liable, in a civil action, to the state for a sum to be                              
07 assessed by the court of not less than $1,000 [$500] nor more than $200,000                                     
08 [$100,000] for the initial violation, nor more than $25,000 [$5,000] for each day after                             
09       that on which the violation continues, and that shall reflect, when applicable,                                   
10 (1)  reasonable compensation in the nature of liquidated damages for                                                    
11 any adverse environmental effects caused by the violation, which shall be determined                                    
12 by the court according to the toxicity, degradability, and dispersal characteristics of                                 
13 the substance discharged, the sensitivity of the receiving environment, and the degree                                  
14       to which the discharge degrades existing environmental quality;                                                   
15 (2)  reasonable costs incurred by the state in detection, investigation,                                                
16       and attempted correction of the violation;                                                                        
17 (3)  the economic savings realized by the person in not complying with                                                  
18       the requirement for which a violation is charged; and                                                         
19 (4)  the need for an enhanced civil penalty to deter future                                                         
20       noncompliance.                                                                                                
21    * Sec. 7. AS 46.03.760(d) is amended to read:                                                                      
22 (d)  In addition to liability under (a) and (c) [(a) - (c)] of this section, a person                               
23 who violates or causes or permits to be violated a provision of AS 46.03.740 -                                          
24 46.03.750 is liable to the state, in a civil action brought under AS 46.03.822, for the                                 
25       full amount of actual damages caused to the state by the violation, including                                     
26 (1)  direct and indirect costs associated with the abatement,                                                           
27       containment, or removal of the pollutant;                                                                         
28                 (2)  restoration of the environment to its former state;                                                
29 (3)  amounts paid as grants under AS 29.60.510 - 29.60.599 and as                                                       
30       emergency first response advances and reimbursements under AS 46.08.070(c); and                                   
31                 (4)  all incidental administrative costs.                                                               
01    * Sec. 8. AS 46.03.760(e) is amended to read:                                                                      
02 (e)  A person who violates or causes or permits to be violated a provision of                                           
03 AS 46.03.250 - 46.03.313, 46.03.460 - 46.03.475, AS 46.14, or a regulation, a lawful                                    
04 order of the department, or a permit, approval, or acceptance, or term or condition of a                                
05 permit, approval, or acceptance issued under AS 46.03.250 - 46.03.313, 46.03.460 -                                      
06 46.03.475, AS 46.14, or under the program authorized by AS 46.03.020(12), is liable,                                    
07 in a civil action, to the state for a sum to be assessed by the court of not less than                                  
08 $1,000 [$500] nor more than $200,000 [$100,000] for the initial violation, nor more                             
09 than $25,000 [$10,000] for each day after that on which the violation continues, and                                
10       that shall reflect, when applicable,                                                                              
11 (1)  reasonable compensation in the nature of liquidated damages for                                                    
12 any adverse environmental effects caused by the violation, that shall be determined by                                  
13 the court according to the toxicity, degradability and dispersal characteristics of the                                 
14 substance discharged, the sensitivity of the receiving environment, and the degree to                                   
15 which the discharge degrades existing environmental quality; for a violation relating to                                
16 AS 46.14, the court, in making its determination under this paragraph, shall also                                       
17 consider the degree to which the discharge causes harm to persons or property; for a                                    
18 violation of AS 46.03.463, the court, in making its determination under this paragraph,                                 
19 shall also consider the volume of the graywater, sewage, or other wastewater                                            
20 discharged; this paragraph may not be construed to limit the right of parties other than                                
21       the state to recover for personal injuries or damage to their property;                                           
22 (2)  reasonable costs incurred by the state in detection, investigation,                                                
23       and attempted correction of the violation;                                                                        
24 (3)  the economic savings realized by the person in not complying with                                                  
25       the requirement for which a violation is charged; and                                                             
26 (4)  the need for an enhanced civil penalty to deter future                                                             
27       noncompliance.                                                                                                    
28    * Sec. 9. AS 46.03.760(f) is amended to read:                                                                      
29 (f)  An owner, agent, employee, or operator of a commercial passenger vessel,                                           
30 as defined in AS 43.52.295, who falsifies a registration or report required by                                          
31 AS 46.03.460 or 46.03.475 or who violates or causes or permits to be violated a                                         
01 provision of AS 46.03.250 - 46.03.314, 46.03.460 - 46.03.490, AS 46.14, or a                                            
02 regulation, a lawful order of the department, or a permit, approval, or acceptance, or                                  
03 term or condition of a permit, approval, or acceptance issued under AS 46.03.250 -                                      
04 46.03.314, 46.03.460 - 46.03.490, or AS 46.14 is liable, in a civil action, to the state                                
05 for a sum to be assessed by the court of not less than $10,000 [$5,000] nor more than                               
06 $200,000 [$100,000] for the initial violation, nor more than $25,000 [$10,000] for                              
07 each day after that on which the violation continues, and that shall reflect, when                                      
08       applicable,                                                                                                       
09 (1)  reasonable compensation in the nature of liquidated damages for                                                    
10 any adverse environmental effects caused by the violation, that shall be determined by                                  
11 the court according to the toxicity, degradability, and dispersal characteristics of the                                
12 substance discharged, the sensitivity of the receiving environment, and the degree to                                   
13 which the discharge degrades existing environmental quality; for a violation relating to                                
14 AS 46.14, the court, in making its determination under this paragraph, shall also                                       
15 consider the degree to which the discharge causes harm to persons or property; this                                     
16 paragraph may not be construed to limit the right of parties other than the state to                                    
17       recover for personal injuries or damage to their property;                                                        
18 (2)  reasonable costs incurred by the state in detection, investigation,                                                
19       and attempted correction of the violation;                                                                        
20 (3)  the economic savings realized by the person in not complying with                                                  
21       the requirement for which a violation is charged; and                                                             
22 (4)  the need for an enhanced civil penalty to deter future                                                             
23       noncompliance.                                                                                                    
24    * Sec. 10. AS 46.03.760(g) is amended to read:                                                                     
25 (g)  As used in this section, "economic savings" means the economic benefit                                         
26 of noncompliance [THAT SUM WHICH A PERSON WOULD BE REQUIRED TO                                                      
27 EXPEND FOR THE PLANNING, ACQUISITION, SITING, CONSTRUCTION,                                                             
28 INSTALLATION AND OPERATION OF FACILITIES NECESSARY TO EFFECT                                                            
29 COMPLIANCE] with the standard violated. When determining an "economic                                               
30       savings," the court may consider                                                                              
31 (1)  deferred and avoided costs of compliance with the standard                                                     
01       violated;                                                                                                     
02                 (2)  a competitive advantage gained by noncompliance with the                                       
03       standard violated; and                                                                                        
04                 (3)  income derived as a result of noncompliance with the standard                                  
05       violated from operations that were not authorized or permitted.                                               
06    * Sec. 11. AS 46.03.760 is amended by adding new subsections to read:                                              
07            (h)  When assessing the need for an enhanced civil penalty to deter future                                   
08       noncompliance under this section, the court may take into consideration                                           
09                 (1)  the seriousness of the violation;                                                                  
10                 (2)  the degree of culpability of the person;                                                           
11                 (3)  the history of previous violations of the person;                                                  
12                 (4)  other penalties assessed for the same violation;                                                   
13 (5)  good faith efforts made by the person to comply with applicable                                                    
14       requirements and to minimize or mitigate the effects of the violations;                                           
15                 (6)  the economic effect of the violation on the person; and                                            
16                 (7)  other factors as justice may require.                                                              
17 (i)  The department shall annually increase the daily civil penalty caps in (a),                                        
18 (e), and (f) of this section by a percentage equal to the percentage of increase in all                                 
19 items of the Consumer Price Index for all urban consumers for Anchorage, Alaska.                                        
20       The index for January of 2018 is the reference base index.                                                        
21    * Sec. 12. AS 46.03 is amended by adding a new section to read:                                                    
22 Sec. 46.03.762. Administrative penalties for discharges of oil and crude oil.                                         
23 (a) In addition to the actions available under AS 46.03.758 - 46.03.760, the department                                 
24 may assess an administrative penalty against a person who causes or permits a serious                                   
25 discharge or repeat discharges of oil not permitted under applicable state or federal                                   
26       law.                                                                                                              
27 (b)  An administrative penalty assessed under this section may not be less than                                         
28 $1,000 nor more than $10,000 for the initial violation, and may not exceed $24 a                                        
29 gallon of oil discharged. When assessing a penalty under this section, the department                                   
30       shall consider                                                                                                    
31                 (1)  the effect of the discharge on the public health or the environment;                               
01                 (2)  reasonable costs incurred by the state in the detection,                                           
02       investigation, and attempted correction of the discharge;                                                         
03                 (3)  any previous history of compliance or noncompliance by the                                         
04       person with this chapter, AS 46.04, AS 46.09, and AS 46.14;                                                       
05                 (4)  the need to deter future discharges; and                                                           
06                 (5)  the extent and seriousness of the discharge, including the potential                               
07       for the discharge to threaten public health or the environment.                                                   
08            (c)  If a person fails to pay an administrative penalty assessed under this                                  
09       section, the department may bring an action to collect the penalty. The amount of the                             
10 penalty is not subject to review by the court in an action to collect the penalty                                       
11       described in this section.                                                                                        
12 (d)  In a collection action under (c) of this section, the court shall award the                                        
13 prevailing party full reasonable attorney fees and costs incurred in the collection                                     
14       action.                                                                                                           
15 (e)  Action under this section by the department does not limit or otherwise                                            
16 affect the authority of the department to otherwise enforce this chapter, AS 46.04,                                     
17 AS 46.08, AS 46.09, AS 46.14, or regulations adopted under those statutes, or to                                        
18 recover damages, restoration expenses, investigation costs, court costs, attorney fees,                                 
19 or other necessary expenses. The court shall set off against a judicial civil assessment                                
20 subsequently awarded under AS 46.03.758, 46.03.759, or 46.03.760 an amount                                              
21       ordered to be paid under this section by the same person for the same discharge.                                  
22 (f)  For the purpose of determining the volume of discharged oil under this                                             
23 section, the department shall include the produced water, if any, that was mixed with                                   
24       the discharged oil at the time of the discharge.                                                                  
25 (g)  The department shall annually increase the amounts of the administrative                                           
26 penalties authorized in (b) of this section by a percentage equal to the percentage of                                  
27 increase in all items of the Consumer Price Index for all urban consumers for                                           
28       Anchorage, Alaska. The index for January of 2018 is the reference base index.                                     
29            (h)  In this section,                                                                                        
30 (1)  "discharge" means entry of oil into or on the water or public land of                                              
31 the state, regardless of causation, except discharges into an enclosed and impervious                                   
01       oil spill containment area;                                                                                       
02                 (2)  "oil" means crude oil, petroleum, and any substance refined from                                   
03       petroleum.                                                                                                        
04    * Sec. 13. AS 46.04.030(d) is amended to read:                                                                     
05 (d)  Upon approval of a contingency plan, the department shall issue to the                                             
06 plan holder a certificate stating that the contingency plan has been approved by the                                    
07 department. The certificate must include the name of the facility, pipeline, tank vessel,                               
08 commercial motor vehicle, or oil barge for which it is issued, the effective date of the                            
09 contingency plan, and the date by which the contingency plan must be submitted for                                      
10       renewal. A contingency plan must be submitted for renewal every five years.                                       
11    * Sec. 14. AS 46.04.030(e) is amended to read:                                                                     
12 (e)  The department may attach reasonable terms and conditions to its approval                                          
13 or modification of a contingency plan that the department determines are necessary to                                   
14 ensure that the applicant for a contingency plan has access to sufficient resources to                                  
15 protect environmentally sensitive areas and to contain, clean up, and mitigate potential                                
16 oil discharges from the facility, commercial motor vehicle, or vessel as provided in                                
17 (k) of this section, and to ensure that the applicant complies with the contingency plan.                               
18 If a contingency plan submitted to the department for approval relies on the services of                                
19 an oil spill primary response action contractor, the department may not approve the                                     
20 contingency plan unless the primary response action contractor is registered and                                        
21 approved under AS 46.04.035. The contingency plan must provide for the use by the                                       
22 applicant of the best technology that was available at the time the contingency plan                                    
23 was submitted or renewed. The department shall identify the prevention and response                                     
24 technologies that are subject to a best available technology determination. The                                         
25 department may find that any technology meeting the response planning standards in                                      
26 (k) of this section or a prevention performance standard established under                                              
27 AS 46.04.070 is the best available technology. The department may prepare findings                                      
28 and maintain a list of those technologies that are considered the best available. The                                   
29 department may require an applicant or holder of an approved contingency plan to                                        
30 take steps necessary to demonstrate the applicant's or holder's ability to carry out the                                
31       contingency plan, including                                                                                       
01                 (1)  periodic training;                                                                                 
02                 (2)  response team exercises; and                                                                       
03                 (3)  verifying access to inventories of equipment, supplies, and                                        
04       personnel identified as available in the approved contingency plan.                                               
05    * Sec. 15. AS 46.04.030(f) is amended to read:                                                                     
06 (f)  Upon request of a plan holder or on the department's own initiative, the                                           
07 department, after notice and opportunity for hearing, may modify its approval of a                                      
08 contingency plan if the department determines that a change has occurred in the                                         
09 operation of a facility, commercial motor vehicle, or vessel necessitating an amended                               
10 or supplemented plan, or the operator's discharge experience demonstrates a necessity                                   
11 for modification. The department, after notice and opportunity for hearing, may                                         
12       revoke its approval of a contingency plan if the department determines that                                       
13                 (1)  approval was obtained by fraud or misrepresentation;                                               
14 (2)  the operator does not have access to the quality or quantity of                                                    
15       resources identified in the plan;                                                                                 
16 (3)  a term or condition of approval or modification has been violated;                                                 
17       or                                                                                                                
18 (4)  the person is not in compliance with the contingency plan and the                                                  
19       deficiency materially affects the plan holder's response capability.                                              
20    * Sec. 16. AS 46.04.030(k) is amended to read:                                                                     
21 (k)  Except as provided in (m) and (o) of this section, the holder of an approved                                       
22 contingency plan required under this section shall maintain, or have available under                                    
23 contract, in its region of operation or in another region of operation approved by the                                  
24 department, singly or in conjunction with other operators, sufficient oil discharge                                     
25 containment, storage, transfer, and cleanup equipment, personnel, and resources to                                      
26       meet the following response planning standards:                                                                   
27 (1)  for a discharge from an oil terminal facility, the plan holder shall                                               
28 plan to be able to contain or control, and clean up a discharge equal to the capacity of                                
29 the largest oil storage tank at the facility within 72 hours, except that if the department                             
30 determines that the facility is located in an area of high risk because of natural or man-                              
31 made conditions outside of the facility, it may increase the volume requirement under                                   
01       this paragraph so that the contingency plan must be designed for a response that is                               
02       greater in amount than the capacity of the largest oil storage tank at the facility;                              
03                 (2)  for a discharge from an exploration or production facility or a                                    
04       pipeline, the plan holder shall plan to be able to contain or control, and clean up the                           
05       realistic maximum oil discharge within 72 hours;                                                                  
06                 (3)  for a discharge of crude oil from a tank vessel or oil barge, the plan                             
07       holder shall plan to be able to contain or control, and clean up a realistic maximum oil                          
08       discharge as provided in (A), (B), and (C) of this paragraph:                                                     
09                      (A)  for tank vessels and oil barges having a cargo volume of                                      
10 less than 500,000 barrels, the plan holder shall maintain at a minimum in the                                           
11 region of operation, equipment, personnel, and other resources sufficient to                                            
12            contain or control, and clean up a 50,000 barrel discharge within 72 hours;                                  
13 (B)  for tank vessels and oil barges having a cargo volume of                                                           
14 500,000 barrels or more, the plan holder shall maintain at a minimum in its                                             
15 region of operation, equipment, personnel, and other resources sufficient to                                            
16            contain or control, and clean up a 300,000 barrel discharge within 72 hours;                                 
17 (C)  in addition to the minimum equipment, personnel, and                                                               
18 other resources required to be maintained within the region of operation by (A)                                         
19 or (B) of this paragraph, a plan holder shall maintain, either within or outside                                        
20 of the plan holder's region of operation, additional equipment, personnel, and                                          
21 other resources sufficient to contain or control, and clean up a realistic                                              
22 maximum discharge within the shortest possible time; the plan holder must                                               
23 demonstrate that the equipment, personnel, and other resources maintained                                               
24 outside the plan holder's region of operation are accessible to the plan holder                                         
25            and will be deployed and operating at the discharge site within 72 hours;                                    
26 (4)  for a discharge from a tank vessel or oil barge carrying noncrude                                                  
27 oil in bulk as cargo, the plan holder shall plan to be able to contain or control 15                                    
28 percent of the maximum capacity of the vessel or barge or the realistic maximum oil                                     
29 discharge, whichever is greater, within 48 hours and clean up the discharge within the                                  
30       shortest possible time consistent with minimizing damage to the environment;                                      
31 (5)  for a discharge subject to the provisions of (1) - (3) of this                                                     
01 subsection that enters a receiving environment other than open water, the time                                          
02 requirement for clean up of the portion of the discharge that enters the receiving                                      
03 environment may, in the department's discretion, be within the shortest possible time                                   
04       consistent with minimizing damage to the environment;                                                         
05 (6)  for a discharge from a commercial motor vehicle, the plan                                                      
06 holder shall plan to be able to contain or control, and clean up a discharge equal                                  
07 to the capacity of the largest oil storage compartment of the vehicle or the                                        
08       realistic maximum oil discharge, whichever is greater, within 48 hours.                                       
09    * Sec. 17. AS 46.04.030(r) is amended by adding a new paragraph to read:                                           
10 (5)  "commercial motor vehicle" means a motor vehicle primarily used                                                    
11       for the commercial transportation of crude oil.                                                                   
12    * Sec. 18. AS 46.04.030 is amended by adding a new subsection to read:                                             
13 (s)  A person may not operate a commercial motor vehicle transporting crude                                             
14 oil on a highway or road maintained by the state, unless the department has approved                                    
15 an oil discharge prevention and contingency plan for the commercial motor vehicle                                       
16       and the person is in compliance with the plan.                                                                    
17    * Sec. 19. AS 46.03.758(c) and 46.03.760(b) are repealed.                                                          
18    * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to                         
19 read:                                                                                                                   
20 TRANSITION: REGULATIONS. The Department of Environmental Conservation                                                   
21 may adopt regulations necessary to implement the changes made by this Act. The regulations                              
22 take effect under AS 44.62 (Administrative Procedure Act), but not before January 1, 2019.                              
23    * Sec. 21. Section 20 of this Act takes effect immediately under AS 01.10.070(c).                                  
24    * Sec. 22. Except as provided in sec. 21 of this Act, this Act takes effect January 1, 2019.