Legislature(2013 - 2014)

2013-02-04 House Journal

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2013-02-04                     House Journal                      Page 0197
HB 80                                                                                                                         
The following, which was advanced to third reading from the                                                                     
February 1, 2013, calendar (page 182), was read the third time:                                                                 
                                                                                                                                
     HOUSE BILL NO. 80                                                                                                          
     "An Act relating to the regulation of wastewater discharge from                                                            
     commercial passenger vessels in state waters; and providing for an                                                         
     effective date."                                                                                                           
                                                                                                                                
Representative Tuck moved and asked unanimous consent that HB 80                                                                
be returned to second reading for the specific purpose of considering                                                           
Amendment No. 1.  There being no objection, it was so ordered.                                                                  
                                                                                                                                
The Speaker stated that, without objection, HB 80 would be returned                                                             
to second reading for all amendments.                                                                                           
                                                                                                                                
Amendment No. 1 was offered  by Representatives Tuck and                                                                         
Kawasaki:                                                                                                                       
                                                                                                                                
Page 3, following line 22:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 5. AS 46.03.488 is amended by adding a new subsection to                                                              
read:                                                                                                                           

2013-02-04                     House Journal                      Page 0198
         (b)  Each month, the department shall publish on the                                                                   
     department's Internet website                                                                                              
              (1)  records detailing the dates, times, and locations, and                                                       
     volumes and flow rates of discharges of sewage, graywater, or                                                              
     wastewater reported under AS 46.03.465(a);                                                                                 
              (2)  results of samples of discharged treated sewage,                                                             
     graywater, or other wastewater of a vessel collected by                                                                    
                   (A)  the owner or operator of the vessel under                                                               
         AS 46.03.465(b) and 46.03.475(b); and                                                                                  
                   (B)  the department under AS 46.03.465(c); and                                                               
              (3)  violations of sewage, graywater, or other wastewater                                                         
     discharge permits reported to the department by the owner or                                                               
     operator of a commercial passenger vessel under                                                                            
     AS 46.03.475(a)."                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Saddler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 80                                                                                                                           
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  11   NAYS:  24   EXCUSED:  4   ABSENT:  1                                                                              
                                                                                                                                
Yeas:  Drummond, Foster, Gara, Gruenberg, Hughes, Josephson,                                                                    
Kawasaki, Kreiss-Tomkins, Seaton, Stoltze, Tuck                                                                                 
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Edgmon, Feige, Gattis, Herron,                                                            
Higgins, Holmes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett,                                                              
Munoz, Nageak, Neuman, Pruitt, Reinbold, Saddler, Thompson,                                                                     
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                
Excused:  Hawker, Kerttula, Olson, Tarr                                                                                         
                                                                                                                                
Absent:  Guttenberg                                                                                                             
                                                                                                                                

2013-02-04                     House Journal                      Page 0199
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representatives Gara and                                                                         
Kawasaki:                                                                                                                       
                                                                                                                                
Page 2, line 25, through page 3, line 5:                                                                                        
     Delete all material and insert:                                                                                            
"* Sec. 3. AS 46.03.462(e) is repealed and reenacted to read:                                                                 
         "(e)  When issuing, reissuing, renewing, or modifying a                                                                
     permit required under (a)(1) of this section, the department may                                                           
     only include the authorization of a mixing zone for a commercial                                                           
     passenger vessel if                                                                                                        
              (1)  that vessel employs an advanced wastewater                                                                   
     treatment system that falls within the class of systems identified                                                         
     by the department under (k) of this section or employs other                                                               
     means of pollution prevention, control, and treatment that the                                                             
     department finds can achieve a quality of effluent that is                                                                 
     comparable to that of one or more vessels employing an advanced                                                            
     wastewater treatment system; and                                                                                           
              (2)  the permit prohibits the discharge of untreated                                                              
     sewage, treated sewage, graywater, or other wastewater within                                                              
     two geographical miles of the coastline of the state unless                                                                
                   (A)  a discharge is made for the purpose of securing                                                         
         the safety of the commercial passenger vessel or saving life at                                                        
         sea and all reasonable precautions have been taken to prevent                                                          
         or minimize the discharge; or                                                                                          
                   (B)  a discharge is made into an onshore sewage                                                              
         treatment system."                                                                                                     
                                                                                                                                
Page 3, following line 6:                                                                                                       
     Insert a new subsection to read:                                                                                           
         "(i)  Under (e)(1) of this section, if a commercial passenger                                                          
     vessel employs an advanced wastewater treatment system that                                                                
     satisfies the requirements of (e)(1) of this section, the department                                                       
     shall find the commercial passenger vessel satisfies all state                                                             
     technology-based treatment requirements for authorization of a                                                             
     mixing zone."                                                                                                              
                                                                                                                                
Reletter the following subsections accordingly.                                                                                 
                                                                                                                                

2013-02-04                     House Journal                      Page 0200
Page 3, line 15:                                                                                                                
     Delete "(e)"                                                                                                               
     Insert "(e)(1)"                                                                                                            
                                                                                                                                
Page 3, following line 22:                                                                                                      
     Insert new material to read:                                                                                               
         "(l)  The department, in consultation with the Department of                                                           
     Fish and Game, shall prohibit mixing zones in areas where they                                                             
     raise a material danger to the health of salmon, groundfish, or                                                            
     shellfish.                                                                                                                 
   * Sec. 5. AS 46.03.490 is amended by adding a new paragraph to                                                             
read:                                                                                                                           
              (19)  "coastline" has the meaning given to "coast line" in                                                        
     43 U.S.C. 1301."                                                                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Saddler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 80                                                                                                                           
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  11   NAYS:  25   EXCUSED:  4   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Drummond, Edgmon, Gara, Gruenberg, Guttenberg, Herron,                                                                   
Josephson, Kawasaki, Kreiss-Tomkins, Nageak, Tuck                                                                               
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Feige, Foster, Gattis, Higgins,                                                           
Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett,                                                               
Munoz, Neuman, Pruitt, Reinbold, Saddler, Seaton, Stoltze,                                                                      
Thompson, P.Wilson, T.Wilson                                                                                                    
                                                                                                                                
Excused:  Hawker, Kerttula, Olson, Tarr                                                                                         
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                

2013-02-04                     House Journal                      Page 0201
Amendment No. 3 was offered  by Representatives Josephson and                                                                    
Kawasaki:                                                                                                                       
                                                                                                                                
Page 1, line 2, following "waters;"(title amendment):                                                                         
     Insert "providing for an effective date by delaying the effective                                                        
date of secs. 3 and 7, ch. 53, SLA 2009;"                                                                                     
                                                                                                                                
Page 1, line 4, through page 2, line 9:                                                                                         
     Delete all material.                                                                                                       
                                                                                                                                
Page 2, line 10:                                                                                                                
     Delete "Sec. 2"                                                                                                          
     Insert "Section 1"                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
                                                                                                                                
Page 2, line 25, through page 3, line 5:                                                                                        
     Delete all material and insert:                                                                                            
"* Sec. 2. AS 46.03.462(e) is amended to read:                                                                                
         (e)  When issuing, reissuing, renewing, or modifying a permit                                                          
     required under (a)(1) of this section, the department may include                                                          
     effluent limits or standards less stringent than those required under                                                      
     (b)(1) of this section [FOR NOT MORE THAN THREE YEARS                                                                      
     DURATION] if the department finds that a permittee is using                                                                
     economically feasible methods of pollution prevention, control,                                                            
     and treatment the department considers to be the most                                                                      
     technologically effective in controlling all wastes and other                                                              
     substances in the discharge but is unable to achieve compliance                                                            
     with Alaska Water Quality Standards at the point of discharge. A                                                       
     permit under this subsection may not extend beyond                                                                     
     December 31, 2020."                                                                                                    
                                                                                                                                
Page 3, line 6:                                                                                                                 
     Delete "new subsections"                                                                                                   
     Insert "a new subsection"                                                                                                  
                                                                                                                                
Page 3, lines 13 - 22:                                                                                                          
     Delete all material.                                                                                                       
                                                                                                                                

2013-02-04                     House Journal                      Page 0202
Page 3, line 23:                                                                                                                
     Delete "46.03.462(f),"                                                                                                     
                                                                                                                                
Page 3, line 24:                                                                                                                
     Delete all material and insert new bill sections to read:                                                                  
"* Sec. 6. Section 7, ch. 53, SLA 2009, is amended to read:                                                                   
         Sec. 7.AS 46.03.462(e) and [,] 46.03.462(f) [, AND                                                                 
     46.03.464] are repealed.                                                                                                   
   * Sec. 7. Section 8, ch. 53, SLA 2009, is amended to read:                                                                 
         Sec. 8. Sections 3 and 7 of this Act take effect December 31,                                                          
     2020 [2015]."                                                                                                          
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Saddler objected.                                                                                                
                                                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 80                                                                                                                           
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  12   NAYS:  24   EXCUSED:  4   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Drummond, Edgmon, Gara, Gruenberg, Guttenberg, Holmes,                                                                   
Josephson, Kawasaki, Kreiss-Tomkins, Munoz, Seaton, Tuck                                                                        
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Feige, Foster, Gattis, Herron,                                                            
Higgins, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett,                                                              
Nageak, Neuman, Pruitt, Reinbold, Saddler, Stoltze, Thompson,                                                                   
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                
Excused:  Hawker, Kerttula, Olson, Tarr                                                                                         
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                
HB 80 was automatically in third reading.                                                                                       
                                                                                                                                

2013-02-04                     House Journal                      Page 0203
The question being:  "Shall HB 80 pass the House?"  The roll was                                                                
taken with the following result:                                                                                                
                                                                                                                                
HB 80                                                                                                                           
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  27   NAYS:  9   EXCUSED:  4   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis,                                                            
Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux,                                                             
Lynn, Millett, Munoz, Nageak, Neuman, Pruitt, Reinbold, Saddler,                                                                
Stoltze, Thompson, P.Wilson, T.Wilson                                                                                           
                                                                                                                                
Nays:  Drummond, Gara, Gruenberg, Guttenberg, Josephson,                                                                        
Kawasaki, Kreiss-Tomkins, Seaton, Tuck                                                                                          
                                                                                                                                
Excused:  Hawker, Kerttula, Olson, Tarr                                                                                         
                                                                                                                                
And so, HB 80 passed the House.                                                                                                 
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that the roll                                                           
call on the passage of the bill be considered the roll call on the                                                              
effective date clause.                                                                                                          
                                                                                                                                
Representative Tuck objected.                                                                                                   
                                                                                                                                
                                                                                                                                
The question being:  "Shall the effective date clause be adopted?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                
HB 80                                                                                                                           
Third Reading                                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  27   NAYS:  8   EXCUSED:  4   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis,                                                            
Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn,                                                               
Millett, Munoz, Nageak, Neuman, Pruitt, Reinbold, Saddler, Seaton,                                                              
Stoltze, Thompson, P.Wilson, T.Wilson                                                                                           
                                                                                                                                
Nays:  Drummond, Gara, Gruenberg, Guttenberg, Josephson,                                                                        
Kawasaki, Kreiss-Tomkins, Tuck                                                                                                  
                                                                                                                                

2013-02-04                     House Journal                      Page 0204
Excused:  Hawker, Kerttula, Olson, Tarr                                                                                         
                                                                                                                                
Absent:  Herron                                                                                                                 
                                                                                                                                
And so, the effective date clause was adopted.                                                                                  
                                                                                                                                
                                                                                                                                
Representative Johnson gave notice of reconsideration of the vote on                                                            
HB 80.