Legislature(1993 - 1994)
1994-04-12 Senate Journal
Full Journal pdf1994-04-12 Senate Journal Page 3590 SB 215 SENATE BILL NO. 215 "An Act relating to and redesignating the oil and hazardous substance release response fund and to its use in the event of a disaster emergency; repealing 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; amending requirements relating to the revision of state and regional master prevention and contingency plans; altering requirements applicable to liens for recovery of state expenditures related to oil or hazardous substances; amending the authority to contract to provide personnel to respond to a release or threatened release of oil or a hazardous substance and to contract to conduct spill related research; reassigning responsibility for the oil and hazardous substance response corps and for the emergency response depots to the Department of Environmental Conservation, and for the operation of the state emergency response commission and its attendant responsibilities for the local emergency planning commissions to the Department of Military and Veterans' Affairs; and modifying definitions of terms relating to the preceding provisions; 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; and providing for an effective date" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3521. Without objection, CS FOR SENATE BILL NO. 215(FIN)"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 1994-04-12 Senate Journal Page 3591 SB 215 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; and providing for an effective date" was adopted. CS FOR SENATE BILL NO. 215(FIN) was read the second time. Senator Kerttula offered Amendment No. 1 : Page 26, line 26 - 31: Delete all material and insert: "(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, appropriate from the unexpended and unobligated balance, as of the day before the effective date of this section, of the former oil and hazardous substance release response account (A) one-half of the balance to the prevention account in the oil and hazardous substance release prevention and response fund; and (B) one-half of the balance to the response account in the oil and hazardous substance release prevention and response fund; or" Page 27, line 1: Delete "the amount" Insert "either of the amounts" Senator Kerttula moved for the adoption of Amendment No. 1. Senator Miller objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1994-04-12 Senate Journal Page 3592 SB 215 CSSB 215(FIN) Second Reading Amendment No. 1 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 1 failed. Senator Kerttula offered Amendment No. 2 : Page 11, line 26 and Page 12, line 4: Delete "$ 50,000,000" Insert "$100,000,000" Senator Kerttula moved for the adoption of Amendment No. 2. Senator Miller objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 215(FIN) Second Reading Amendment No. 2 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor and so, Amendment No. 2 failed. 1994-04-12 Senate Journal Page 3593 SB 215 Senator Lincoln offered Amendment No. 3 : Page 1, lines 2 - 3: Delete "the Citizens' Oversight Council on Oil and Other Hazardous Substances and" Page 21, following line 28: Insert a new bill section to read: "* Sec. 29. AS46.08.040(d) is amended to read: (d) Upon a request from [(1)] the Alaska Legislative Council, the commissioner 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 AS24.20.600 [; 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 AS19.65.025 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 15: Delete "AS24.20.600, 24.20.610, 24.20.620, 24.20.630;" 1994-04-12 Senate Journal Page 3594 SB 215 Page 26, lines 16 - 17: Delete ", 46.08.040(d)" Page 27, line 26: Delete "sec.46" Insert "sec.47" Page 27, line 27: Delete "sec.46" Insert "sec.47" Page 27, line 28: Delete "sec.47" Insert "sec.48" Senator Lincoln moved for the adoption of Amendment No. 3. Senator Miller objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 215(FIN) Second Reading Amendment No. 3 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 3 failed. Senator Adams offered Amendment No. 4 : Page 20, lines 26 - 28: Delete all material and insert: 1994-04-12 Senate Journal Page 3595 SB 215 "(H) pay or reimburse (i) the storage tank assistance fund established in AS46.03.410 for expenditures from that fund authorized by AS46.03.410(b); and (ii) the bulk fuel system storage tank emergency repair and upgrade program established by the Department of Community and Regional Affairs;" Senator Adams moved for the adoption of Amendment No. 4. Senator Pearce objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 215(FIN) Second Reading Amendment No. 4 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 4 failed. Senator Adams offered Amendment No. 5 : Page 1, line 1, after "hazardous substances": Insert "and to unsafe public drinking water" Page 15, line 21, after "depots": Delete "and" Insert "," 1994-04-12 Senate Journal Page 3596 SB 215 Page 15, line 23, after "measures": Insert ", and for containment or cleanup activities related to restoration of an unsafe public drinking water supply or the provision of a source of clean public drinking water" Page 19, line 12, after "AS46.08.045(a)": Insert ", and for containment or cleanup activities related to restoration of an unsafe public drinking water supply or the provision of a source of clean public drinking water" Page 24, following line 8: Insert the following new bill sections to read: "* Sec. 34. AS 46.08.070(a) is amended to read: (a) Except as provided in (e) of this section, the [THE] commissioner shall seek reimbursement promptly under this section, AS 46.03.760(e), or federal law for the cost incurred in the cleanup or containment of oil or a hazardous substance that has been released. * Sec. 35. AS 46.08.070(b) is amended to read: (b) Except as provided in (e) of this section, the [THE] attorney general, at the request of the commissioner, shall immediately seek to recover money expended by the department under AS 46.08.005 - 46.08.080 or other law to contain and clean up oil or a hazardous substance that has been released or to control the threatened release of oil or a hazardous substance." Page 24, line 9: Delete "a new subsection" Insert "new subsections" Page 24, following line 12: Insert a new subsection to read: "(e) Notwithstanding (a) and (b) of this section, the state may not seek reimbursement or recovery of containment and cleanup costs incurred to restore an unsafe public drinking water supply or to provide a source of clean public drinking water from a village if the village, as defined in AS46.07.080, is a party responsible for the release that caused the water supply to become unsafe." Renumber the following bill sections accordingly. 1994-04-12 Senate Journal Page 3597 SB 215 Page 25, following line 1: Insert a new bill section to read: "* Sec. 39. AS 46.08.900(3) is amended to read: (3) "containment and cleanup" (A) means [INCLUDES] (i) the direct and indirect efforts associated with the prevention, abatement, containment, or removal of oil or a hazardous substance, and the restoration of the environment; and (ii) the restoration of an unsafe public drinking water supply or the provision of a source of clean public drinking water; (B) when applied to (i) expenses [, THE TERM] includes the additional costs of providing a reasonable and appropriate function or service incurred in response to the release of the oil or hazardous substance, including administrative expenses for the incremental costs of providing the function or service; and (ii) public drinking water includes, by way of example and not of limitation, a well with pumping facilities or the means by which surface water is treated so it is safe and healthful for use, but does not include a system of pipes and other facilities by which the water is distributed to households for use;" Renumber the following bill sections accordingly. Page 26, line 20: Delete "sec. 42" Insert "sec. 45" 1994-04-12 Senate Journal Page 3598 SB 215 Page 27, line 26: Delete "sec. 46" Insert "sec. 49" Page 27, line 27: Delete "sec. 46" Insert "sec. 49" Page 27, line 28: Delete "sec. 47" Insert "sec. 50" Senator Adams moved for the adoption of Amendment No. 5. Senator Miller objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSSB 215(FIN) Second Reading Amendment No. 5 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 5 failed. Senator Zharoff offered Amendment No. 6 : Page 20, lines 26 - 28: Delete all material. Page 20, line 29: Delete "(I)" Insert "(H)" 1994-04-12 Senate Journal Page 3599 SB 215 Page 21, line 2: Delete "(J)" Insert "(I)" Page 21, line 9: Delete "(K)" Insert "(J)" Senator Zharoff moved for the adoption of Amendment No. 6. Senator Miller objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSSB 215(FIN) Second Reading Amendment No. 6 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Leman, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 6 failed. Senator Zharoff offered Amendment No. 7 : Page 3, lines 22 - 23: Delete "was spontaneous and that it" Senator Zharoff moved for the adoption of Amendment No. 7. Senator Miller objected. Senator Zharoff moved and asked unanimous consent that Amendment No. 7 be withdrawn. Without objection, it was so ordered. 1994-04-12 Senate Journal Page 3600 SB 215 Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 215(FIN) be considered engrossed, advanced to third reading and placed on final passage. Senator Adams objected. Senator Adams called the Senate, then lifted the call.