Legislature(2007 - 2008)BARNES 124
05/02/2007 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| SB121 | |
| HB128 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 15 | TELECONFERENCED | |
| + | SB 121 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 128 | TELECONFERENCED | |
SB 121-CRUISE SHIP DISCHARGE & INFO 1:11:19 PM CO-CHAIR GATTO announced that the first order of business would be CS FOR SENATE BILL NO. 121(L&C), "An Act relating to discharge from small commercial passenger vessels; relating to information-gathering requirements for small commercial passenger vessels; providing for an effective date by repealing the delayed effective date found in sec. 16, ch. 153, SLA 2004; and providing for an effective date." 1:11:47 PM SENATOR KIM ELTON, Alaska State Legislature, said that SB 121 restores the alternate compliance discharge protocols that were passed unanimously by the House and the Senate with HB 522, in 2004. He explained that this is the alternate compliance for small cruise ships because the smaller size of the ships precludes the same protocols as the larger cruise ships. The cruise ship ballot initiative inadvertently repealed the section that had been changed by HB 522. He emphasized that this is not the fault of the initiative sponsors. 1:13:35 PM CO-CHAIR GATTO asked for a definition of cruise ships. SENATOR ELTON clarified that the definition in the bill is for small cruise ships. He added that the sponsors of the cruise ship ballot initiative support this bill. He noted that, as in HB 522, the provisions for the alternative compliance protocols for small cruise ships will be repealed on January 1, 2016, with the assumption that technology will have improved. CO-CHAIR GATTO noted that the members' packets include a letter in support of SB 121 from Joseph Geldhof, co-sponsor of the cruise ship ballot initiative, dated March 16, 2007. 1:15:40 PM BRYCE BROCKWAY, Vice President of Operations, Cruise West, explained that Cruise West is a small, family owned cruise ship operator, founded by an Alaskan. He expressed his belief that Department of Environmental Conservation (DEC) supports this bill and the best management practices of Cruise West. CO-CHAIR GATTO noted that the Cruise West ship capacity is 78- 138 passengers and he asked if there is a defined limit for the small ship category. MR. BROCKWAY offered his belief that a small cruise ship is defined as up to 249 passengers on board. 1:17:22 PM MICHAEL JONES, Director of Marine Operations, Lindblad Expeditions, reported that Lindblad Expeditions has been operating two small 62 passenger vessels in Southeast Alaska since 1989. He expressed his support for SB 121. CO-CHAIR GATTO asked about the disposal system for the accumulated waste water on board the ship. MR. JONES explained that the ships have blackwater tanks and graywater tanks and that each is treated by a Coast Guard approved marine sanitation device. CO-CHAIR GATTO asked if the ship passengers disembark while in port. MR. JONES replied that passengers are offered tours in Sitka, Juneau, and Petersburg. 1:19:34 PM CO-CHAIR GATTO asked if the graywater is discharged at a dockside facility or at sea. MR. JONES responded that the graywater is discharged at sea per the DEC approved best management practices. CO-CHAIR GATTO asked for a description of the blackwater treatment. MR. JONES explained that the system is manufactured by Omnipure, an electronic cell that includes treatment with chlorine. The system includes pumps, settling systems, and oxidization so that the blackwater can be discharged after treatment. CO-CHAIR GATTO asked if the discharge contains chlorine. MR. JONES responded that the dechlorination system removes chlorine to the acceptable standards. 1:21:12 PM LYNN TOMICH KENT, Director, Division of Water, Department of Environmental Conservation (DEC), clarified that the DEC has not taken a formal position on SB 121. CO-CHAIR GATTO asked if the DEC has looked at the bill. MS. KENT replied that SB 121 does exactly as the sponsor states which is to reinstate provisions that the Legislature has passed. SENATOR ELTON, in response to an earlier question, clarified that small cruise ships are defined as having overnight accommodations for 249 or fewer passengers. 1:22:25 PM REPRESENTATIVE SEATON asked Ms. Kent to clarify that page 2, line 2, refers only to the discharge of domestic wastewater. MS. KENT explained that this includes other wastewater discharges from commercial passenger vessels. REPRESENTATIVE SEATON asked for a definition of "other wastewater." MS. KENT replied that other wastewater includes ballast and bilge water. She reported that a permit is required for the wastewater discharge, but this permit requirement only pertains to the large commercial passenger vessels. REPRESENTATIVE SEATON said he is trying to get a better understanding for the breadth of the wastewater that this bill will allow a small vessel to discharge. MS. KENT requested the opportunity to review the bill. 1:24:59 PM SENATOR ELTON explained that Section 2 references existing law, and this bill is not changing existing law. He noted that there are current definitions for graywater and other wastewater in statute. REPRESENTATIVE SEATON said that he is asking for assurance from DEC that, as SB 121 is going to exempt small commercial passenger vessels from the current regulations, the alternative regulations don't allow the management of oily bilge water and domestic wastewater in the same way. 1:26:17 PM REPRESENTATIVE EDGMON noted that page 2, line 2, refers to "into the marine waters" and he commented that another bill refers to "waters of the United States." He asked if there is any difference. SENATOR ELTON replied that a change in wording is possible, but as these vessels only operate in marine waters, a change may not be necessary. CHAIR GATTO asked if the commercial passenger vessels ever go into fresh water. SENATOR ELTON responded that this question is best answered by a ship captain, though he allowed that the small passenger vessels will go into estuaries. 1:28:47 PM MS. KENT, in response to Representative Seaton, said that she is not able to determine whether the best management practices plan that is currently in place covers [discharge] other than domestic wastewater discharge from the vessels. She explained that Section 3 reinstates the same conditions that were inadvertently repealed by the cruise ship ballot initiative. REPRESENTATIVE SEATON replied that this answers his earlier question. 1:29:27 PM CO-CHAIR GATTO closed public testimony. CO-CHAIR JOHNSON voiced his concern with making changes to initiatives. He expressed his desire for the consistency to either allow or disallow changes to initiatives, but not to respond to every whim for an issue. He stated that legislators make important policy decisions on the best course of action for the state, and he requested the same respect from initiative writers to not just amend statutes for their own needs. He commented that the committee process of hearing and vetting is not available for initiatives. He encouraged future initiative writers to "get it right." 1:31:47 PM CO-CHAIR GATTO noted that [HB 522} previously passed both the House and the Senate unanimously. REPRESENTATIVE KAWASAKI pointed out that the memorandum from Alpheus Bullard, Division of Legal and Research Services, dated March 26, 2007, affirms that CSSB 121 is constitutional. 1:32:20 PM CO-CHAIR JOHNSON expressed his belief that although the legal opinions on initiatives allow an entitlement for change, it does not always make it acceptable. REPRESENTATIVE ROSES stated that he supports this bill, but he voiced his concern that "people seem to pick and choose when they want to break away from an initiative and when they don't." 1:34:07 PM REPRESENTATIVE GUTTENBERG said, as a sponsor of three initiatives, that amending initiatives is taken very seriously. He stated his concern that amendments can mask revisions. He explained that he reviews an initiative amendment to ensure that the spirit of the original initiative is retained. He noted that this is the first time he has seen the need for a change that is truly beyond the scope of predication. He expressed his belief that the Alaska State Constitution provides for initiative amendments similar to SB 121. REPRESENTATIVE SEATON moved to report CSSB 121(L&C) out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSB 121(L&C) was reported from the House Resources Standing Committee.
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