CSSB 180(RES): "An Act relating to commercial passenger vessel environmental compliance; relating to commercial passenger vessel fees; establishing the wastewater infrastructure grant fund; repealing the authority for citizens' suits relating to commercial passenger vessel environmental compliance; repealing the commercial passenger vessel recognition program; and providing for an effective date."
00 CS FOR SENATE BILL NO. 180(RES) 01 "An Act relating to commercial passenger vessel environmental compliance; relating to 02 commercial passenger vessel fees; establishing the wastewater infrastructure grant fund; 03 repealing the authority for citizens' suits relating to commercial passenger vessel 04 environmental compliance; repealing the commercial passenger vessel recognition 05 program; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 46.03.460(a) is amended to read: 08 (a) The department shall regulate [THERE IS ESTABLISHED THE] 09 commercial passenger vessel discharges and environmental compliance by 10 [PROGRAM PROVIDING FOR] 11 (1) adopting regulations to carry out the purposes of AS 46.03.460 12 - 46.03.490, including regulations that establish terms and conditions of vessel 13 discharges;
01 (2) verifying [INDEPENDENT VERIFICATION OF] environmental 02 compliance; and 03 (3) monitoring and supervising [ALLOWING THE DEPARTMENT 04 TO MONITOR AND SUPERVISE DISCHARGES FROM] commercial passenger 05 vessels through a registration system. 06 * Sec. 2. AS 46.03.463 is repealed and reenacted to read: 07 Sec. 46.03.463. Prohibited discharges. (a) Except as provided in (b) of this 08 section, or under the terms of prior authorization from the department under 09 AS 46.03.100, a person may not discharge wastewater from a commercial passenger 10 vessel into the marine waters of the state. 11 (b) This section does not apply to discharges from a commercial passenger 12 vessel made to secure the safety of the commercial passenger vessel or to save life at 13 sea, if all reasonable precautions have been taken to prevent or minimize the 14 discharge. 15 * Sec. 3. AS 46.03.465(a) is amended to read: 16 (a) The owner or operator of a commercial passenger vessel shall maintain 17 daily records related to the period of operation while in the state, detailing the dates, 18 times, and locations, and the volumes and flow rates of any discharges of wastewater 19 [SEWAGE, GRAYWATER, OR OTHER WASTEWATERS] into the marine waters 20 of the state, and provide electronic copies of those records [ON A MONTHLY 21 BASIS] to the department in a format and at times prescribed by the department 22 [NOT LATER THAN FIVE DAYS AFTER EACH CALENDAR MONTH OF 23 OPERATION IN STATE WATERS]. 24 * Sec. 4. AS 46.03.465(b) is amended to read: 25 (b) While a commercial passenger vessel is present in the marine waters of the 26 state, the owner or operator of the vessel shall provide an hourly report of the vessel's 27 location based on Global Positioning System technology and, if authorized to 28 discharge under AS 46.03.100, shall routinely collect [ROUTINE] samples of the 29 wastewater [THE VESSEL'S TREATED SEWAGE, GRAYWATER, AND OTHER 30 WASTEWATERS] being discharged into marine waters of the state with a sampling 31 technique approved by the department.
01 * Sec. 5. AS 46.03.465(c) is amended to read: 02 (c) While a commercial passenger vessel is present in the marine waters of the 03 state, including while underway, the owner or operator of the vessel shall allow 04 the department, or an independent contractor retained by the department, to board 05 and 06 (1) inspect systems that collect, treat, or dispose of wastewater; 07 (2) [MAY] collect [ADDITIONAL] samples of wastewater [THE 08 VESSEL'S TREATED SEWAGE, GRAYWATER, AND OTHER 09 WASTEWATERS] being discharged into the marine waters of the state; and 10 (3) inspect systems that affect air emissions under AS 46.14. 11 * Sec. 6. AS 46.03.465(d) is amended to read: 12 (d) The owner or operator of a vessel required to collect samples under (b) of 13 this section shall ensure that all sampling techniques and frequency of sampling events 14 are approved by the department in a manner sufficient to determine [ENSURE 15 DEMONSTRATION OF] compliance with all discharge requirements under 16 AS 46.03.460 - 46.03.490 [AS 46.03.462]. 17 * Sec. 7. AS 46.03.465(f) is amended to read: 18 (f) If the owner or operator of a commercial passenger vessel has, when 19 complying with another state or federal law that requires [SUBSTANTIALLY 20 EQUIVALENT] information gathering, gathered information that is substantially 21 equivalent to the information required under (a), (b), or (d) of this section, the owner 22 or operator shall be considered to be in compliance with that subsection so long as the 23 information is also provided to the department in a format prescribed by the 24 department. 25 * Sec. 8. AS 46.03.465(h) is amended to read: 26 (h) At the department's [ON] request, the owner or operator of a commercial 27 passenger vessel discharging wastewater [UNDER AS 46.03.462(b)] shall provide the 28 department with information relating to wastewater treatment, pollution avoidance, 29 and pollution reduction measures used on the vessel, including testing and evaluation 30 procedures and economic and technical feasibility analyses. 31 * Sec. 9. AS 46.03.480(a) is amended to read:
01 (a) Except as provided in (c) of this section, each commercial passenger 02 vessel is subject to [THERE IS IMPOSED] an environmental compliance fee of $5 03 for each berth, determined with reference to the number of lower berths, for 04 [ON] each voyage during which the [COMMERCIAL PASSENGER] vessel 05 operates [OPERATING] in the marine waters of the state. The department shall 06 (1) establish procedures for the collection of the fee; 07 (2) reduce the fee by $1 for each berth if the owner or operator of 08 a vessel 09 (A) installs and operates an electronic monitoring system 10 for wastewater discharges that has been approved by the department; and 11 (B) provides the appropriate monitoring data to the 12 department consistent with AS 46.03.465; and 13 (3) provide a rebate to each vessel after the vessel's last voyage of 14 the year, in an amount proportionate to the vessel's total number of unoccupied 15 berths that year, if the owner or operator of the vessel provides information 16 specified by and in a format prescribed by the department to confirm the 17 number of unoccupied berths. 18 * Sec. 10. AS 46.03.480(b) is repealed and reenacted to read: 19 (b) Except as provided in (c) of this section and notwithstanding (a) of this 20 section, for each voyage during which a small commercial passenger vessel operates 21 in the marine waters of the state, the vessel is subject to an environmental compliance 22 fee of 23 (1) $75 for a commercial passenger vessel with overnight 24 accommodations for at least 50 but not more than 99 passengers for hire; 25 (2) $175 for a commercial passenger vessel with overnight 26 accommodations for at least 100 but not more than 249 passengers for hire. 27 * Sec. 11. AS 46.03.480(c) is repealed and reenacted to read: 28 (c) The commissioner of environmental conservation and the commissioner of 29 transportation and public facilities shall jointly set a fee to be imposed on all 30 commercial passenger vessels operated by the state in the marine waters of the state. 31 * Sec. 12. AS 46.03.482(c) is amended to read:
01 (c) The legislature may make appropriations from the fund to the department 02 [TO PAY] for the department's operational costs necessary to [PREPARE REPORTS 03 THAT ASSESS THE INFORMATION RECEIVED BY THE DEPARTMENT FOR 04 THE CRUISE SHIP SEASONS OF 2000, 2001, 2002, AND 2003 AND FOR THE 05 DEPARTMENT'S OPERATIONAL COSTS NECESSARY TO] carry out activities 06 under AS 46.03.460 - 46.03.490 relating to commercial passenger vessels and for the 07 wastewater infrastructure grant fund administered by the department under 08 AS 46.03.483. 09 * Sec. 13. AS 46.03 is amended by adding a new section to read: 10 Sec. 46.03.483. Wastewater infrastructure grant fund. (a) The wastewater 11 infrastructure grant fund is established in the general fund and consists of money 12 appropriated to the fund by the legislature, money appropriated to the fund in 13 accordance with AS 46.03.482(c), and earnings on the fund. Appropriations from the 14 commercial passenger vessel environmental compliance fund shall be deposited in a 15 separate account within the fund. The department may establish in the fund the 16 accounts the department considers appropriate. 17 (b) Except as otherwise limited by law, money appropriated to the wastewater 18 infrastructure grant fund and accounts in the fund may be expended by the department 19 for wastewater infrastructure grants without further appropriation. Money in the fund 20 does not lapse and remains available for expenditure in successive fiscal years. 21 (c) A municipality may submit an application for a wastewater infrastructure 22 grant to be used to establish, upgrade, or improve a wastewater treatment collection 23 system or facility in a port community that serves commercial passenger vessels. The 24 application must provide evidence acceptable to the department that the 25 (1) proposed project is a capital improvement project and not part of a 26 preventive maintenance program or regular custodial care program; 27 (2) municipality has secured and will maintain adequate property loss 28 insurance for the replacement cost of the wastewater treatment system or facility or 29 has an adequate program of insurance; 30 (3) municipality has a preventive maintenance plan for the wastewater 31 treatment system or facility and will adequately adhere to the preventive maintenance
01 plan after completion of the proposed project. 02 (d) Awards granted by the department from the separate commercial 03 passenger vessel environmental compliance account shall be limited to the percentage 04 of operations that the wastewater treatment collection system or facility expends 05 servicing commercial passenger vessels. 06 (e) The department may award a wastewater infrastructure grant during a 07 fiscal year for a proposed project eligible under this section based on a grant 08 application filed during the immediately preceding fiscal year before February 1. 09 (f) The department shall establish priorities for the award of grants for 10 proposed wastewater treatment systems or facilities under this section. The department 11 shall award grants in the order of priority established. In establishing priorities, the 12 department shall consider how the project will 13 (1) protect or improve public health; 14 (2) protect or improve water quality; 15 (3) mitigate any environmental impact caused by commercial 16 passenger vessels or passengers; and 17 (4) help port communities adapt to increased demand for seasonal 18 wastewater treatment resulting from wastewater produced by commercial passenger 19 vessels and passengers. 20 (g) Nothing in this section creates a dedicated fund. 21 * Sec. 14. AS 46.03.490(2) is amended to read: 22 (2) "commercial passenger vessel" means a vessel that carries 23 passengers for hire except that "commercial passenger vessel" does not include a 24 vessel 25 (A) authorized to carry fewer than 50 passengers; 26 (B) that does not provide overnight accommodations for at 27 least 50 passengers for hire [, DETERMINED WITH REFERENCE TO THE 28 NUMBER OF LOWER BERTHS]; or 29 (C) operated by the United States or a foreign government; 30 * Sec. 15. AS 46.03.490(13) is amended to read: 31 (13) "small commercial passenger vessel" means a commercial
01 passenger vessel that provides overnight accommodations for 249 or fewer passengers 02 for hire [, DETERMINED WITH REFERENCE TO THE NUMBER OF LOWER 03 BERTHS]; 04 * Sec. 16. AS 46.03.490 is amended by adding a new paragraph to read: 05 (19) "wastewater" means graywater or sewage, including any 06 graywater or sewage that is stored in or transferred to a ballast tank or other holding 07 area on the vessel that may not be customarily used for storing graywater or sewage. 08 * Sec. 17. AS 46.03.460(b), 46.03.461, 46.03.462, 46.03.465(i), 46.03.480(d), 46.03.480(e), 09 46.03.481, 46.03.490(1), 46.03.490(4), 46.03.490(7), 46.03.490(10), 46.03.490(14), and 10 46.03.490(15) are repealed. 11 * Sec. 18. AS 46.03.476 is repealed. 12 * Sec. 19. AS 46.03.480(b) is repealed December 31, 2023. 13 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITION: REGULATIONS. The Department of Environmental Conservation 16 shall adopt regulations necessary to implement this Act. The regulations take effect under 17 AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 18 implemented by the regulation. 19 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 RETROACTIVITY. Section 18 of this Act is retroactive to April 1, 2020. 22 * Sec. 22. Sections 18, 20, and 21 of this Act take effect immediately under 23 AS 01.10.070(c). 24 * Sec. 23. Except as provided in sec. 22 of this Act, this Act takes effect January 1, 2023.