Legislature(2007 - 2008)HOUSE FINANCE 519

04/30/2007 09:00 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 164 OCEAN RANGERS & REPORTING VESSEL LOCATION TELECONFERENCED
Moved CSHB 164(FIN) Out of Committee
<Teleconference Listen Only>
+ HB 14 RESTRICT ACCESS TO ALCOHOL TELECONFERENCED
Moved CSHB 14(JUD) Out of Committee
Bills Previously Heard/Scheduled
HOUSE BILL NO. 164                                                                                                            
                                                                                                                                
     "An  Act relating  to reporting  of  vessel location  by                                                                   
     certain  commercial passenger  vessels operating  in the                                                                   
     marine  waters of  the state,  to access  to vessels  by                                                                   
     licensed  marine engineers  for  purposes of  monitoring                                                                   
     compliance with  state and federal requirements,  and to                                                                   
     the  obligations  of those  engineers  while aboard  the                                                                   
     vessels; and providing for an effective date."                                                                             
                                                                                                                                
Representative Gara MOVED to ADOPT Amendment #1:                                                                                
                                                                                                                                
     Page 1, lines 2 - 5:                                                                                                       
     Delete  ",   to  access  to  vessels  by   a  wastewater                                                                 
     treatment   operator   for    purposes   of   monitoring                                                                   
     compliance with  state and federal requirements,  to the                                                                   
     obligations of  that operator while aboard  the vessels,                                                                   
     and to  the qualifications  of the wastewater  treatment                                                                   
     operator"                                                                                                                  
                                                                                                                                
     Page 2, lines 2 - 25:                                                                                                      
     Delete all material.                                                                                                       
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 28:                                                                                                           
     Delete "Sections 1 and 2 of this Act are"                                                                                  
     Insert "Section 1 of this Act is"                                                                                          
                                                                                                                                
Co-Chair Meyer OBJECTED.                                                                                                        
                                                                                                                                
Representative  Gara explained  that the  amendment tries  to                                                                   
reinstate  the   Ocean  Ranger  program  the   way  that  the                                                                   
initiative intended.   It deletes Section 2,  which gives the                                                                   
Commissioner  of DEC the  discretion to  decide when  to have                                                                   
Ocean Rangers on board.  He stated  his desire to satisfy the                                                                   
intention of  the original initiative.   He opposed  the fact                                                                   
that  Section  2 takes  away  protective functions  of  Ocean                                                                   
Rangers.  He compared  the tasks of the Ocean  Rangers in the                                                                   
initiative to those of the marine engineers in the bill.                                                                        
                                                                                                                                
REPRESENTATIVE KYLE  JOHANSEN, sponsor, stated  opposition to                                                                   
the amendment.                                                                                                                  
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Gara, Crawford                                                                                                        
OPPOSED:  Hawker,  Joule,  Kelly,  Nelson,  Stoltze,  Thomas,                                                                   
Foster, Chenault, Meyer                                                                                                         
                                                                                                                                
The motion failed (2-9).                                                                                                        
                                                                                                                                
9:12:51 AM                                                                                                                    
                                                                                                                                
Representative Gara WITHDREW Amendment #2.                                                                                      
                                                                                                                                
Vice  Chair   Stoltze  asked   if  there  was   any  previous                                                                   
discussion  by  the Department  of  Commerce,  Community  and                                                                   
Economic  Development  regarding  marine  pilots  and  safety                                                                   
issues during  transport.  Representative  Johansen responded                                                                   
that a letter  from the Southeast Alaska  Pilots' Association                                                                   
addresses  this   issue  (copy  on  file.)     Representative                                                                   
Johansen  thought the  discussion about  marine pilot  safety                                                                   
could take place on the House Floor.                                                                                            
                                                                                                                                
9:14:55 AM                                                                                                                    
                                                                                                                                
Representative  Gara spoke to  the substitution of  class III                                                                   
wastewater treatment operators  for Ocean Rangers.  He voiced                                                                   
concern  about  not  having adequate  numbers  to  cover  the                                                                   
ships, nor adequate training in  marine sewage treatment.  He                                                                   
said  he  is  not  satisfied   that  the  bill  fulfills  the                                                                   
initiative in this matter.                                                                                                      
                                                                                                                                
Representative Kelly  asked if DEC supports  using wastewater                                                                   
treatment  workers.   Representative Johansen  said he  could                                                                   
not answer that.  He thought they could do the job.                                                                             
                                                                                                                                
LYNN  KENT,  DIRECTOR,  DIVISION   OF  WATER,  DEPARTMENT  OF                                                                   
ENVIRONMENTAL    CONSERVATION,   explained   the    education                                                                   
requirements  of a level  III wastewater treatment  operator.                                                                   
She  thought  there  would  be  difficulty  finding  adequate                                                                   
numbers of operators for the first  year or two.  In response                                                                   
to a  question from Representative  Kelly, Ms. Kent  spoke in                                                                   
favor of the change to use wastewater treatment operators.                                                                      
                                                                                                                                
9:18:36 AM                                                                                                                    
                                                                                                                                
Representative  Thomas asked  about the  number of  qualified                                                                   
marine engineers available today.   Ms. Kent replied that the                                                                   
training  needs are  different,  but either  job class  would                                                                   
work.   It would be  difficult to find  the number  of marine                                                                   
engineers  needed  the  first year.    Representative  Thomas                                                                   
asked  what happens  if  enough  can't be  found.   Ms.  Kent                                                                   
replied that as many as possible will be hired.                                                                                 
                                                                                                                                
Representative Gara asked for  DEC's position on if the Ocean                                                                   
Rangers should be required to  be on board the ships whenever                                                                   
they are at sea.  Ms. Kent reported  that DEC has not taken a                                                                   
stand  on the  level of  coverage  and would  respond to  the                                                                   
legislature's will.                                                                                                             
                                                                                                                                
9:20:54 AM                                                                                                                    
                                                                                                                                
Representative Johansen reported  that DEC testified that the                                                                   
current DEC  program - pre-initiative  - is working,  and the                                                                   
Ocean  Ranger  program  is  an additional  layer  on  top  of                                                                   
something that already works.                                                                                                   
                                                                                                                                
Co-Chair  Meyer  addressed  the   new  fiscal  note  by  DEC.                                                                   
Previous testimony  stated that Ocean Rangers do  not have to                                                                   
be  state  employees.     He  wanted  to  change   the  three                                                                   
supervisory  positions to  one full-time  position, and  make                                                                   
the  Ocean  Ranger  positions  contractual.    Representative                                                                   
Johansen   concurred  with  contracting   the  Ocean   Ranger                                                                   
positions out  and reducing  the three supervisory  positions                                                                   
to one.   Co-Chair Meyer  maintained that this  would provide                                                                   
for more flexibility for DEC.                                                                                                   
                                                                                                                                
9:24:03 AM                                                                                                                    
                                                                                                                                
Representative  Kelly  asked  if the  word  "random"  permits                                                                   
"continuous",  as it applies  to DEC  control over  the Ocean                                                                   
Ranger.   Representative Johansen  thought the intent  was to                                                                   
allow the  Commissioner total  discretion as to  the duration                                                                   
of the supervision by Ocean Rangers.                                                                                            
                                                                                                                                
Representative Gara  referred to the two duties  of the Ocean                                                                   
Rangers that  are removed  in this version  of the bill.   He                                                                   
requested that  the sponsor of  the initiative  address these                                                                   
issues.                                                                                                                         
                                                                                                                                
Representative  Johansen addressed  the  health issue.     He                                                                   
reported  that the USDA  has regulations  in place  regarding                                                                   
health standards.   In previous committee  hearings questions                                                                   
were asked regarding  liability issues.   Representative Gara                                                                   
argued that  protection from water  discharge is  not covered                                                                   
under USDA.   Representative Johansen replied  that the Ocean                                                                   
Ranger's job is  to be sure that water quality  meets Alaskan                                                                   
standards.                                                                                                                      
                                                                                                                                
9:28:44 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer addressed zero fiscal note #2.                                                                                   
                                                                                                                                
Representative  Kelly  thought the  cost  of the  supervisory                                                                   
position was excessive, but stated support for the bill.                                                                        
                                                                                                                                
Representative  Gara voiced  concern about  the way  the bill                                                                   
has turned out.   He suggested taking a look  after two years                                                                   
to see how  it goes.  He  thought the initiative  would raise                                                                   
about $50 million for the state.                                                                                                
                                                                                                                                
Representative Kelly thought the  Committee had a common goal                                                                   
- to  implement the  initiative responsibly.   He thought  it                                                                   
was important to give the Commissioner  of DEC the discretion                                                                   
to decide  the amount of coverage  by the Ocean Rangers.   He                                                                   
noted the improved record of the cruise ship industry.                                                                          
                                                                                                                                
9:32:47 AM                                                                                                                    
                                                                                                                                
Representative Foster  MOVED to REPORT CSHB 164  (FIN) out of                                                                   
committee  with individual recommendations  and the  attached                                                                   
fiscal notes.  There being NO OBJECTION, it was so ordered.                                                                     
                                                                                                                                
CSHB  164 (FIN)  was REPORTED  out  of Committee  with a  "no                                                                   
recommendation" and with a new  fiscal note by the Department                                                                   
of Law and  a new House  Finance revised fiscal note  for the                                                                   
Department of Environmental Conservation.                                                                                       
                                                                                                                                
9:33:14 AM                                                                                                                    
                                                                                                                                
At-ease.                                                                                                                        
                                                                                                                                
9:34:50 AM                                                                                                                    
                                                                                                                                

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