Legislature(2001 - 2002)

2002-04-18 Senate Journal

Full Journal pdf

2002-04-18                     Senate Journal                      Page 2824
SB 343                                                                                            
Message dated and received April 17 was read, stating the Governor                                  
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
     CS FOR SENATE BILL NO. 343(RES) "An Act clarifying                                             
     the term 'best technology' required for use in oil discharge                                   
     prevention and contingency plans; affirming existing                                           
     Department of Environmental Conservation regulations                                           
     defining 'best technology' and oil discharge prevention and                                    
     contingency plans approved using those regulations; and                                        
     providing for an effective date."                                                              
                                                                                                    
                             Chapter 9, SLA 2002                                                   
                         Effective Date: See Chapter                                               
                                                                                                    
This bill clarifies the legislative intent of AS 46.04.030(e) requiring                             
the use of best available technology (BAT) in oil spill contingency                                 
plans. A recent Alaska Supreme Court decision identified ambiguity in                               
the statute, requiring the clarification provided in this bill.                                     
                                                                                                    
Alaska has a proven success record in ensuring that oil spill                                       
contingency plans provide for the use of BAT. Senate Bill 343                                       
confirms that the BAT requirement remains an important element of                                   
managing oil exploration, development, and transportation. In passing                               
this bill, the Legislature upheld the efforts of the 1997 BAT task force,                           
which developed the existing BAT regulations. Those regulations are                                 
thoughtful, effective, and responsibly apply the BAT requirement to                                 
our oil spill contingency plan program.                                                             
                                                                                                    
The 1997 regulations represent a consensus of a cross-section of                                    
Alaska stakeholders, including representatives from the government,                                 
industry, regional citizens' advisory councils, and the conservation                                
community. Significant technological advances have been made under                                  
the existing regulations, including the positioning of state-of-the-art                             
tractor tugs to assist tankers in Prince William Sound; improved well-                              
head source control techniques; more accurate gauging of oil storage                                
tanks; improved leak detection technologies; and enhanced response                                  
communication systems.                                                                              
                                                                                                    

2002-04-18                     Senate Journal                      Page 2825
The current regulations as supported by this bill provide for an                                    
"evergreen" process to ensure that BAT requirements keep up with                                    
evolving technology. Critical to this process is a regulatorily-required                            
conference on new technologies to be held every five years with                                     
formal findings published by the Department of Environmental                                        
Conservation. Industry, government, the regional citizens' advisory                                 
councils, and the environmental community have endorsed this                                        
conference, and I urge the Legislature to approve the FY 03 funding                                 
request now before it.                                                                              
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor