Legislature(2013 - 2014)

2013-02-13 Senate Journal

Full Journal pdf

2013-02-13                     Senate Journal                      Page 0285
HB 80                                                                                                                         
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" which had been held in                                                             
second reading (page 260) was before the Senate.                                                                                
                                                                                                                                
Senator Egan offered Amendment No. 1 :                                                                                           
                                                                                                                                
Page 1, line 2, following "waters;":                                                                                          
     Insert "providing for an effective date by amending 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.                                                                               
                                                                                                                                

2013-02-13                     Senate Journal                      Page 0286
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.                                                                                                       
                                                                                                                                
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.                                                                                
                                                                                                                                
Senator Egan moved for the adoption of Amendment No. 1. Senator                                                                 
Giessel objected.                                                                                                               
                                                                                                                                

2013-02-13                     Senate Journal                      Page 0287
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:  7   NAYS:  10   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Egan, Ellis, French, Gardner, Micciche, Stedman,                                                                         
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Fairclough, Giessel,                                                                   
Huggins, Kelly, McGuire, Meyer                                                                                                  
                                                                                                                                
Excused:  Hoffman, Olson, Stevens                                                                                               
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                
Senator Gardner offered Amendment No. 2 :                                                                                        
                                                                                                                                
Page 3, following line 22:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 5. AS 46.03.476(b) is amended to read:                                                                                
          (b)  The ocean ranger shall                                                                                           
              (1)  monitor, observe, and record data and information                                                        
     related to the engineering, sanitation, and health related operations                                                      
     of the vessel, including but not limited to registration, reporting,                                                       
     record-keeping, and discharge functions required by state and                                                              
     federal law; and                                                                                                       
              (2)  for each month a large commercial passenger                                                              
     vessel enters marine waters of the state,                                                                              
                   (A)  collect and test at least one wastewater                                                            
          discharge sample; and                                                                                             
                   (B)  report the test result for the wastewater                                                           
          discharge sample collected under (A) of this paragraph to                                                         
          the department.                                                                                                   
   * Sec. 6. AS 46.03.488 is amended by adding a new subsection to                                                            
read:                                                                                                                           
          (b)  The department shall publish the data collected under                                                            
     AS 46.03.476(b)(2) on the department's Internet website."                                                                  
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                

2013-02-13                     Senate Journal                      Page 0288
Senator Gardner moved for the adoption of Amendment No. 2.                                                                      
Senator Giessel 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:  4   NAYS:  13   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Ellis, French, Gardner, Wielechowski                                                                                     
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Huggins, Kelly, McGuire, Meyer, Micciche, Stedman                                                                               
                                                                                                                                
Excused:  Hoffman, Olson, Stevens                                                                                               
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
Senator Gardner offered Amendment No. 3 :                                                                                        
                                                                                                                                
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:                                                                                                                           
          (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.                                                                               
                                                                                                                                

2013-02-13                     Senate Journal                      Page 0289
Senator Gardner moved for the adoption of Amendment No. 3.                                                                      
Senator Giessel 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:  4   NAYS:  13   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Ellis, French, Gardner, Wielechowski                                                                                     
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Huggins, Kelly, McGuire, Meyer, Micciche, Stedman                                                                               
                                                                                                                                
Excused:  Hoffman, Olson, Stevens                                                                                               
                                                                                                                                
and so, Amendment No. 3 failed.                                                                                                 
                                                                                                                                
Senator French offered Amendment No. 4 :                                                                                         
                                                                                                                                
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                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-02-13                     Senate Journal                      Page 0290
                   (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.                                                                                 
                                                                                                                                
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.                                                                               
                                                                                                                                
Senator French moved for the adoption of Amendment No. 4. Senator                                                               
Giessel objected.                                                                                                               
                                                                                                                                
The question being: "Shall Amendment No. 4 be adopted?" The roll                                                                
was taken with the following result:                                                                                            

2013-02-13                     Senate Journal                      Page 0291
                                                                                                                                
HB 80                                                                                                                           
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  4   NAYS:  13   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Ellis, French, Gardner, Wielechowski                                                                                     
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Huggins, Kelly, McGuire, Meyer, Micciche, Stedman                                                                               
                                                                                                                                
Excused:  Hoffman, Olson, Stevens                                                                                               
                                                                                                                                
and so, Amendment No. 4 failed.                                                                                                 
                                                                                                                                
Senator Wielechowski offered Amendment No. 5 :                                                                                   
                                                                                                                                
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                                                           
     include the authorization of a mixing zone for a commercial                                                                
     passenger vessel only 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 in or                                                               
     adjacent to an area established under AS 16.20 as a state game                                                             
     refuge, game sanctuary, or critical habitat area or established                                                            
     under AS 41.21 as a state marine park."                                                                                    
                                                                                                                                
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                                                     

2013-02-13                     Senate Journal                      Page 0292
                                                                                                                                
     shall find the commercial passenger vessel satisfies all state                                                             
     technology-based treatment requirements for authorization of a                                                             
     mixing zone."                                                                                                              
                                                                                                                                
Reletter the following subsections accordingly.                                                                                 
                                                                                                                                
Page 3, line 15:                                                                                                                
     Delete "(e)"                                                                                                               
     Insert "(e)(1)"                                                                                                            
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 5.                                                                 
Senator Giessel objected.                                                                                                       
                                                                                                                                
The question being: "Shall Amendment No. 5 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
HB 80                                                                                                                           
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  5   NAYS:  12   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Ellis, French, Gardner, Micciche, Wielechowski                                                                           
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Huggins, Kelly, McGuire, Meyer, Stedman                                                                                         
                                                                                                                                
Excused:  Hoffman, Olson, Stevens                                                                                               
                                                                                                                                
and so, Amendment No. 5 failed.                                                                                                 
                                                                                                                                
Senator Coghill moved and asked unanimous consent that HOUSE                                                                    
BILL NO. 80 advance to third reading on the February 19 calendar.                                                               
Without objection, it was so ordered.