Legislature(2001 - 2002)
2002-04-18 Senate Journal
Full Journal pdf2002-04-18 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