Legislature(1993 - 1994)

1994-05-07 House Journal

Full Journal pdf

1994-05-07                     House Journal                      Page 4142
SB 215                                                                       
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 215(FIN) am(EFD FLD)                                   
"An Act relating to oil and hazardous substances; redesignating the           
oil and hazardous substance release response fund and relating to              
it; repealing the Citizens' Oversight Council on Oil and Other                 
Hazardous Substances and the authority in law by which marine                  
highway vessels may be designed and constructed to aid in oil and              
hazardous substance spill cleanup in state marine water using                  
money in the oil and hazardous substance release response fund                 
and repealing the authority of the Department of Environmental                 
Conservation to levy and collect fees for review of certain                    
submissions related to oil; altering requirements applicable to liens          
for recovery of state expenditures related to oil or hazardous                 
substances; terminating the nickel-per-barrel oil conservation                 
surcharge; levying and collecting two new oil surcharges; and                  
providing for the suspension and reimposition of one of the new                
surcharges."                                                                   
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT HCS(RES) 5DP 2DNP 2AM                                    3751         
	-FISCAL NOTE (REV) 4/27/94                                       3751         
	-4 ZERO FNS (DPS,LAW,DEC,ADM) 4/27/94                            3751         
	STA RPT HCS(STA) 3DP 3NR                                         3858         
	-PREVIOUS FISCAL NOTE (REV) 4/27/94                              3859         
	-4 PREV ZERO FNS (LAW,DPS,ADM,DEC) 4/27                          3859         
	-2 PREV SEN ZERO FNS (REV,ADM) 4/12/94                           3859         
	-PREVIOUS SENATE ZERO FN (LAW) 4/13/94                           3859         
	-2 PREVIOUS SEN ZERO FNS (DPS,DEC) 4/8                           3859         
	FIN RPT HCS(FIN) 3DP 6NR 1AM                                     4064         
	-PREVIOUS FISCAL NOTE (REV) 4/27/94                              4065         
	-4 PREV ZERO FNS (LAW,ADM,DPS,DEC) 4/27                          4065         
                                                                               
Representative Foster moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 215(FIN)                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   

1994-05-07                     House Journal                      Page 4143
SB 215                                                                       
Amendment No. 1 was offered  by Representative Menard:                          
                                                                               
Page 26, line 26, through page 27, line 6:                                     
	Delete all material and insert:                                               
   "* Sec. 45.  CONDITIONAL SUSPENSION OF SURCHARGE                          
IMPOSED BY AS43.55.201 - 43.55.231.  In addition to the                        
circumstances set out in AS43.55.231, the surcharge authorized by              
AS43.55.201 is not levied on and after the effective date of this              
section and until June30, 1995, if                                             
		(1)  the Eighteenth Alaska State Legislature does not, during                
the Second Regular Session or during any special session held before           
the effective date of this section,                                            
		(A)  appropriate to the oil and hazardous substance release                 
prevention and response fund established by AS46.08.010(a), as                 
amended by sec. 21 of this Act, the balance, as of July1, 1994, of             
the account established under former AS43.55.210 to receive the                
proceeds of the conservation surcharge; the appropriation required             
by this subparagraph must be allocated as follows:                             
                                                                               
		(i)  40 percent of that balance to the response account                    
established by AS46.08.010(a)(2), as amended by sec.21 of                      
this Act; and                                                                  
		(ii)  60 percent of that balance to the prevention                         
account established by AS46.08.010(a)(1), as amended by                        
sec.21 of this Act; and                                                        
		(B)  appropriate at least an amount equal to the estimated                  
amount, as of the day before the effective date of this section, of            
the unexpended and unobligated balance of the former oil and                   
hazardous substance release response fund, exclusive of the                    
amount appropriated under (A) of this paragraph, to the oil and                
hazardous substance release prevention and response fund; the                  
appropriation required by this subparagraph must be allocated as               
follows:                                                                       
		(i)  40 percent of that balance to the response account                    
established by AS46.08.010(a)(2), as amended by sec.21 of                      
this Act; and                                                                  
		(ii)  60 percent of that balance to the prevention                         
account established by AS46.08.010(a)(1), as amended by                        
sec.21 of this Act; or                                                         
		(2)  the governor vetoes or reduces any of the amounts                       
appropriated or allocated under (1) of this section."                          

1994-05-07                     House Journal                      Page 4144
SB 215                                                                       
Page 27, lines 7 - 9:                                                          
                                                                               
	Delete "APPLICABLE TO CONSERVATION SURCHARGE ON                               
OIL IMPOSED BY AS43.55.200 AFTER JUNE 30, 1994, AND                            
BEFORE THE EFFECTIVE DATE OF THIS SECTION."                                    
	Insert ".  (a)"                                                               
                                                                               
Page 27, line 23:                                                              
	Delete "section"                                                              
	Insert "subsection"                                                           
                                                                               
Page 27, following line 25:                                                    
                                                                               
	Insert a new subsection to read:                                              
	"(b)  On the effective date of this section, if so appropriated by the        
legislature, the commissioner of administration shall transfer to the oil      
and hazardous substance release prevention and response fund                   
established by AS46.08.010(a), as amended by sec. 21 of this Act, an           
amount equal to the estimated amount, as of the day before the                 
effective date of this section, of the unexpended and unobligated              
balance of the former oil and hazardous substance release response             
fund; the appropriation required by this subparagraph must be allocated        
as follows:                                                                    
                                                                               
		(1)  40 percent of that balance to the response account                      
established by AS46.08.010(a)(2), as amended by sec.21 of this Act;            
and                                                                            
                                                                               
		(2)  60 percent of that balance to the prevention account                    
established by AS46.08.010(a)(1), as amended by sec.21 of this Act."           
                                                                               
Representative Menard moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
                                                                               
Representative Green objected.                                                 
                                                                               
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               

1994-05-07                     House Journal                      Page 4145
SB 215                                                                       
                                                                               
HCS CSSB 215(FIN)                                                              
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  17   NAYS:  22   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Hoffman, Mackie, Menard, Moses, Nicholia, Nordlund,               
Sitton, Ulmer, Willis                                                          
                                                                               
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, MacLean, Martin, Mulder, Navarre, Olberg, Parnell,               
Porter, Sanders, Therriault, Toohey, Vezey, Williams                           
                                                                               
Excused:  Phillips                                                             
                                                                               
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Therriault:                      
                                                                               
Page 22, line 4, after "(a)(2)":                                           
                                                                               
Delete "(B) - (K)"                                                        
                                                                               
                                                                               
Representative Therriault moved and asked unanimous consent that               
Amendment No. 2 be adopted.                                                    
                                                                               
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
Amendment No. 2 was adopted.                                                   
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Finkelstein:                     
                                                                               
Page 22, following line 8, insert a new bill section to read:                  
                                                                               

1994-05-07                     House Journal                      Page 4146
SB 215                                                                       
	"* Sec. 30.  AS 46.08.040(d) is amended to read:                           
                                                                               
		(d) Upon a request from                                                     
                                                                               
			[(1)] the Alaska Legislative Council, the commissioner                     
may [SHALL] use money from the prevention account in the               
fund to reimburse the Alaska Legislative Council for expenditures              
that it makes for the operation of the Citizens' Oversight Council             
on Oil and Other Hazardous Substances, established under AS                    
24.20.600 [; AND                                                               
                                                                               
			(2)  THE COMMISSIONER OF TRANSPORTATION                                    
AND PUBLIC FACILITIES, THE COMMISSIONER SHALL                                  
TRANSFER MONEY FROM THE FUND TO THE                                            
DEPARTMENT OF TRANSPORTATION AND PUBLIC                                        
FACILITIES TO PAY FOR THE CONSTRUCTION OR                                      
REFURBISHMENT OF ONE OR MORE VESSELS OF THE                                    
ALASKA MARINE HIGHWAY SYSTEM THAT HAVE THE                                     
CAPABILITY TO ASSIST IN RESPONDING TO SPILLS OF                                
OIL AND HAZARDOUS SUBSTANCES; IN EXPENDING                                     
MONEY IN THE FUND WHOSE USE FOR VESSELS OF THE                                 
MARINE HIGHWAY SYSTEM IS AUTHORIZED BY AS                                      
19.65.025 AND THIS PARAGRAPH, THE COMMISSIONER                                 
SHALL GIVE PRIORITY TO CONSTRUCTION OF ONE OR                                  
MORE NEW VESSELS THAT HAVE THE                                                 
CHARACTERISTICS REQUIRED BY THIS PARAGRAPH]."                                  
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 26, line 19:                                                              
                                                                               
Delete "AS 24.20.600, 24.20.610, 24.20.620, 24.20.630;"                       
                                                                               
Page 26, lines 20 - 21:                                                        
                                                                               
Delete ", 46.08.040(d)"                                                       
                                                                               
Page 26, line 24:                                                              
                                                                               
Delete "sec. 43"                                                              
Insert "sec. 44"                                                              

1994-05-07                     House Journal                      Page 4147
SB 215                                                                       
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 215(FIN) am H                                                         
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  17   NAYS:  22   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund,             
Sitton, Ulmer, Willis                                                          
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell,                 
Porter, Sanders, Therriault, Toohey, Vezey, Williams                           
                                                                               
Excused:  Phillips                                                             
                                                                               
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Finkelstein:                     
                                                                               
Page 19, lines 6 - 15:                                                         
Delete all material.                                                          
                                                                               
Page 19, following line 5, insert a new paragraph to read:                     
"(2) from the prevention account in the fund to                           
		(A) investigate and evaluate the release or threatened                    
release of oil or a hazardous substance, except a release                      
described in AS 46.08.045(a), and contain, clean up, and take                  
other necessary action, such as monitoring and assessing, to                   
address a release or threatened release of oil or a hazardous                  
substance, except a release described in AS 46.08.045(a);"                   

1994-05-07                     House Journal                      Page 4148
SB 215                                                                       
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Therriault objected and withdrew the objection.  There          
being no further objection, Amendment No. 4 was adopted.                       
                                                                               
                                                                               
Amendment No. 5 was offered  by Representative Finkelstein:                     
                                                                               
Page 23, lines 6 - 25:                                                         
                                                                               
Delete all material.                                                          
                                                                               
                                                                               
Page 23, following line 5, insert a new subsection to read:                    
                                                                               
	"(a)  The commissioner shall submit a report to the legislature              
not later than the 10th day following the convening of each regular            
session of the legislature.  The report may include information                
considered significant by the commissioner but must include:                   
	(1)  the amount of money expended by the department                         
under AS 46.08.040(a)(1)(A) [AS 46.08.040(a)] during the                   
preceding fiscal year;                                                         
                                                                               
	(2)  the amount and source of money received and money                      
recovered by or on behalf of the department during the                         
preceding fiscal year under                                                
	(A) AS 46.04.010 (reimbursement of cleanup                               
expenses);                                                                   
	(B) AS 46.08.020(a)(4) (recovery of fines, penalties,                    
and damages); and                                                            
	(C) AS 46.08.020(a)(3) and 46.08.025(a)(3) (cost                         
recoveries) [AS SPECIFIED IN AS 46.08.020];                                  
                                                                               
	(3) a summary of municipal participation in the                             
department's responses that were paid for [FUNDED] by the                  
response account [FUND];                                                   
	(4) a [DETAILED] summary of department activities in                        
responses paid for [FUNDED] by the response account                    
[FUND] during the preceding fiscal year, including response                    

1994-05-07                     House Journal                      Page 4149
SB 215                                                                       
descriptions and statements outlining the nature of the threat;              
[IN THIS PARAGRAPH, "DETAILED" INCLUDES                                        
INFORMATION DESCRIBING EACH PERSONAL                                           
SERVICES POSITION AND TOTAL COMPENSATION                                       
FOR THAT POSITION, EACH CONTRACT IN EXCESS OF                                  
$20,000, AND EACH PURCHASE IN EXCESS OF $10,000];                              
and                                                                            
	(5) the projected cost to the department for the next fiscal                
year of monitoring, operating, and maintaining sites where                     
response [HAS BEEN COMPLETED OR] is expected to be                             
continued during the fiscal year , to the extent these costs                 
would be paid for from the response account."                                
                                                                               
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 5 be adopted.                                                    
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
Representative Finkelstein moved and asked unanimous consent to                
withdraw Amendment No. 5.  There being no objection, it was so                 
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 6 was offered  by Representative Brown:                           
                                                                               
Page 18, line 4, after "environment":                                          
Insert ", restore the environment, excluding the acquisition of               
wildlife habitat"                                                              
                                                                               
Page 21, lines 22 - 23:                                                        
	Delete all material.                                                          
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 6 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               

1994-05-07                     House Journal                      Page 4150
SB 215                                                                       
The question being:  "Shall Amendment No. 6 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
                                                                               
HCS CSSB 215(FIN) am H                                                         
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  19   NAYS:  20   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Hoffman, Mackie, MacLean, Menard, Navarre, Nicholia,              
Nordlund, Sitton, Ulmer, Williams, Willis                                      
                                                                               
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Porter, Sanders,         
Therriault, Toohey, Vezey                                                      
                                                                               
Excused:  Phillips                                                             
                                                                               
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 7 was offered  by Representative Finkelstein:                     
                                                                               
Page 10, line 4, after "prevention":                                       
Insert "mitigation"                                                       
                                                                               
Page 10, line 4, after "in":                                               
Insert "AS 46.08.020(b)"                                                  
                                                                               
Page 20, lines 26 - 28:                                                        
Delete all material.                                                          
                                                                               
Reletter the remaining subparagraph.                                           
                                                                               
Page 21, lines 8 - 10:                                                         
Delete all material.                                                          

1994-05-07                     House Journal                      Page 4151
SB 215                                                                       
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 7 be adopted.                                                    
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  "Shall Amendment No. 7 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
                                                                               
HCS CSSB 215(FIN) am H                                                         
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  14   NAYS:  25   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis                     
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin,                 
Moses, Mulder, Olberg, Parnell, Porter, Sanders, Therriault, Toohey,           
Vezey, Williams                                                                
                                                                               
Excused:  Phillips                                                             
                                                                               
                                                                               
And so, Amendment No. 7 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 8 was offered  by Representative Finkelstein:                     
                                                                               
                                                                               
Page 26, line 26, through page 27, line 6:                                     
	Delete all material and insert:                                               
   "* Sec. 45.  CONDITIONAL SUSPENSION OF SURCHARGE                          
IMPOSED BY AS43.55.201 - 43.55.231.  In addition to the                        
circumstances set out in AS43.55.231, the surcharge authorized by              
AS43.55.201 is not levied on and after the effective date of this              
section and until June30, 1995, if                                             

1994-05-07                     House Journal                      Page 4152
SB 215                                                                       
		(1)  the Eighteenth Alaska State Legislature does not, during                
the Second Regular Session or during any special session held before           
the effective date of this section,                                            
		(A)  appropriate to the oil and hazardous substance release                 
prevention and response fund established by AS46.08.010(a), as                 
amended by sec. 21 of this Act, the balance, as of July1, 1994, of             
the account established under former AS43.55.210 to receive the                
proceeds of the conservation surcharge; the appropriation required             
by this subparagraph must be allocated as follows:                             
		(i)  40 percent of that balance to the response account                    
established by AS46.08.010(a)(2), as amended by sec.21 of                      
this Act; and                                                                  
		(ii)  60 percent of that balance to the prevention                         
account established by AS46.08.010(a)(1), as amended by                        
sec.21 of this Act; and                                                        
		(B)  appropriate at least an amount equal to the estimated                  
amount, as of the day before the effective date of this section, of            
the unexpended and unobligated balance of the former oil and                   
hazardous substance release response fund, exclusive of the                    
amount appropriated under (A) of this paragraph, to the oil and                
hazardous substance release prevention and response fund; the                  
appropriation required by this subparagraph must be allocated as               
follows:                                                                       
		(i)  50 percent of that balance to the response account                    
established by AS46.08.010(a)(2), as amended by sec.21 of                      
this Act; and                                                                  
		(ii)  50 percent of that balance to the prevention                         
account established by AS46.08.010(a)(1), as amended by                        
sec.21 of this Act; or                                                         
		(2)  the governor vetoes or reduces any of the amounts                       
appropriated or allocated under (1) of this section."                          
                                                                               
Page 27, lines 7 - 9:                                                          
	Delete "APPLICABLE TO CONSERVATION SURCHARGE ON                               
OIL IMPOSED BY AS43.55.200 AFTER JUNE 30, 1994, AND                            
BEFORE THE EFFECTIVE DATE OF THIS SECTION."                                    
	Insert ".  (a)"                                                               
                                                                               
Page 27, line 23:                                                              
	Delete "section"                                                              
	Insert "subsection"                                                           

1994-05-07                     House Journal                      Page 4153
SB 215                                                                       
Page 27, following line 25:                                                    
	Insert a new subsection to read:                                              
	"(b)  On the effective date of this section, if so appropriated by the        
legislature, the commissioner of administration shall transfer to the oil      
and hazardous substance release prevention and response fund                   
established by AS46.08.010(a), as amended by sec. 21 of this Act, an           
amount equal to the estimated amount, as of the day before the                 
effective date of this section, of the unexpended and unobligated              
balance of the former oil and hazardous substance release response             
fund; the appropriation required by this subparagraph must be allocated        
as follows:                                                                    
		(1)  40 percent of that balance to the response account                      
established by AS46.08.010(a)(2), as amended by sec.21 of this Act;            
and                                                                            
		(2)  60 percent of that balance to the prevention account                    
established by AS46.08.010(a)(1), as amended by sec.21 of this Act."           
                                                                               
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 8 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 8 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
                                                                               
HCS CSSB 215(FIN) am H                                                         
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  15   NAYS:  24   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Hoffman, Menard, Nicholia, Nordlund, Sitton, Ulmer,               
Willis                                                                         
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre,                 
Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey, Williams          
                                                                               

1994-05-07                     House Journal                      Page 4154
SB 215                                                                       
Excused:  Phillips                                                             
                                                                               
                                                                               
And so, Amendment No. 8 was not adopted.                                       
                                                                               
                                                                               
Representative Foster moved and asked unanimous consent that HCS               
CSSB 215(FIN) am H be considered engrossed, advanced to third                  
reading and placed on final passage.                                           
                                                                               
                                                                               
Representative Ulmer objected.                                                 
                                                                               
                                                                               
The Speaker stated that HCS CSSB 215(FIN) am H will be in third                
reading on the May 8, 1994, calendar.