Legislature(1993 - 1994)
1994-05-07 House Journal
Full Journal pdf1994-05-07 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.