Legislature(2013 - 2014)BARNES 124

01/28/2013 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 36 EXEMPT DISCHARGES FROM USE OF MUNITIONS TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 80 CRUISE SHIP WASTEWATER DISCHARGE PERMITS TELECONFERENCED
Heard & Held
        HB  80-CRUISE SHIP WASTEWATER DISCHARGE PERMITS                                                                     
                                                                                                                                
1:53:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SADDLER  announced that the next order  of business would                                                              
be  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."                                                                                   
                                                                                                                                
CO-CHAIR SADDLER  re-opened public testimony so members  could ask                                                              
questions of previous witnesses.                                                                                                
                                                                                                                                
1:53:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  requested verification  of a  statement                                                              
that  she heard  that  only  one cruise  ship  company  is not  in                                                              
compliance [with Alaska's wastewater discharge requirements].                                                                   
                                                                                                                                
LYNN   TOMICH   KENT,   Deputy   Commissioner,   Office   of   the                                                              
Commissioner,  Department  of  Environmental  Conservation  (DEC),                                                              
replied she  did not  recall any statements  that only  one cruise                                                              
ship  is  not complying.    Of  the approximately  28  vessels  in                                                              
Alaska every year,  about 16 ask for permit coverage.   Not all of                                                              
those  asking  for  permit  coverage  actually  discharge  in  the                                                              
state,  but they  do all  of their  monitoring and  submit all  of                                                              
their  monitoring.   The  requirements that  they  have to  comply                                                              
with are  the standards in  the permit  because right now  they do                                                              
not  have to  meet the  point of  discharge  for those  parameters                                                              
that they cannot quite meet yet.                                                                                                
                                                                                                                                
1:55:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  understood  that  one ship  switched  from                                                              
bronze to titanium  impellered pumps because bronze  sheds copper.                                                              
He inquired whether  passage of HB 80 would allow  ships to return                                                              
to bronze  impellered pumps or would  the ships have to  stay with                                                              
the [current] standards  that have lowered their  copper discharge                                                              
into the  water.   He further asked  whether that  would be  on an                                                              
individual vessel basis or industry-wide basis.                                                                                 
                                                                                                                                
MS.  KENT responded  DEC does  not  regulate the  kinds of  pumps,                                                              
propellers,  or other equipment  used onboard  a vessel.   Rather,                                                              
DEC permits look  at the discharge in terms of  water quality that                                                              
is coming off a  vessel.  In the last permit,  DEC had a multitude                                                              
of different discharge  limits in an effort to  push those vessels                                                              
that can do better to do better.                                                                                                
                                                                                                                                
1:56:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  pointed out  that  the vessels  have  been                                                              
pushed towards  having less  discharge at end  of pipe.   He asked                                                              
whether  the   ships  could  increase   their  amount   of  copper                                                              
discharge  by   going  back  to   the  cheaper,  older   pumps  in                                                              
replacement situations  if mixing zones are now  allowed and there                                                              
is no  longer measurement at  the end of  pipe.  He  further asked                                                              
whether the  ships would be required  to maintain lower  amount of                                                              
discharge  at end of  pipe even  though a  higher discharge  would                                                              
meet their mixing zone at the end of the ship.                                                                                  
                                                                                                                                
MS. KENT answered  it would not be DEC's intent to  allow ships to                                                              
lower  the quality  of  the water  being  discharged just  because                                                              
they are  allowed to have  a mixing zone.   The mixing  zone rules                                                              
require a mixing  zone that is as small as practicable.   A lot of                                                              
conditions  must  be  met  to  get   a  mixing  zone.    The  only                                                              
flexibility  that DEC might  need would  be for vessels  currently                                                              
discharging  only graywater  and that have  very stringent  permit                                                              
limits.   If in the  future those vessels  want to  also discharge                                                              
blackwater, DEC  would have  to come up  with effluent  limits for                                                              
that, too, that  may or may not equal, or be  more stringent than,                                                              
the previous  permit.   In general,  DEC would not  want to  see a                                                              
permit get more lax.                                                                                                            
                                                                                                                                
1:58:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  understood DEC would not want  to see that,                                                              
but asked  how the  department would  regulate  so that this  does                                                              
not  happen.   He said  his understanding  is that  DEC would  not                                                              
establish  where  the edge  of  the mixing  zone  is  or take  any                                                              
measurements at the  edge.  He inquired how DEC  would enforce the                                                              
intent  to not  allow the  water discharges  to creep  back up  to                                                              
previous levels.                                                                                                                
                                                                                                                                
MS. KENT  replied that when  going through the permitting  process                                                              
DEC looks  at the  previous data  and uses  that data to  evaluate                                                              
and set the permit  limits for the next permit.   In general, if a                                                              
permittee  is meeting  permit limits  and doing  even better  than                                                              
the  permit limits,  DEC usually  ratchets down  and becomes  even                                                              
more stringent.   In very few instances would  the effluent limits                                                              
go up  on a permit from  one issuance of  the permit to  the next.                                                              
This is  because DEC  has a lot  of regulations  that look  at the                                                              
technology  the permittee  must be  using and  the permittee  must                                                              
meet  the  highest   standards  for  treatment.     She  said  the                                                              
requirements for  a mixing zone  are very stringent  and therefore                                                              
she did not see a relaxation of permits in any big way.                                                                         
                                                                                                                                
2:00:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK asked how  long it  currently takes  to issue                                                              
permits under the 2006 Initiative.                                                                                              
                                                                                                                                
MS. KENT  responded she  would have  to look  at DEC's  records to                                                              
see exactly  long it takes from  the start of writing  a permit to                                                              
actually issuing  a permit;  however, it  is an extensive  process                                                              
that takes  many months.  The department  must look at  all of the                                                              
data from the  discharges that were discharged  under the previous                                                              
permit,  do calculations  on  that,  revise the  effluent  limits,                                                              
conduct  a public notice  and comment  period  on the permit,  and                                                              
write a fact  sheet that goes  with the permit that  describes how                                                              
DEC developed the limits for the permit.                                                                                        
                                                                                                                                
2:01:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK inquired  how  DEC gains  that previous  data                                                              
and what is looked at when that is judged.                                                                                      
                                                                                                                                
MS.  KENT answered  the  current  permit  requires the  subset  of                                                              
vessels visiting  Alaska and discharging  in Alaska to  take their                                                              
first monitoring  samples within 10  days of their first  visit to                                                              
the  state each  cruise ship  season.   A third  party sampler  is                                                              
used  by DEC  to collect  the samples  and  conduct the  analysis.                                                              
Thereafter  the  ships have  monitoring  requirements  - some  are                                                              
daily  requirements, most  are twice  per  month -  and those  are                                                              
reported  to DEC.   The department  therefore has  quite a  bit of                                                              
data by the end of the season.                                                                                                  
                                                                                                                                
2:02:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  asked whether DEC has seen from  the data any                                                              
violations since 2006.                                                                                                          
                                                                                                                                
MS. KENT  replied there has been  a few exceedances of  the permit                                                              
limits but she did not know how many.                                                                                           
                                                                                                                                
REPRESENTATIVE   TUCK  asked   what  the   consequences  are   for                                                              
violations.                                                                                                                     
                                                                                                                                
MS. KENT  responded DEC uses  the same  approach that is  used for                                                              
enforcement  across the department.   First,  the reasons  for the                                                              
violation   are  looked  at   to  see   whether  there   were  any                                                              
extenuating  circumstances.   The  department  sometimes  provides                                                              
compliance assistance,  but for anything that becomes  repeated or                                                              
that is a gross violation DEC issues notices of violation (NOV).                                                                
                                                                                                                                
2:03:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR inquired  how  DEC establishes  and  enforces                                                              
the  boundaries  of  a  mixing zone.    She  further  asked  which                                                              
reporting is  done by the third  party and which  is self-reported                                                              
by the cruise ship.                                                                                                             
                                                                                                                                
MS. KENT deferred to the director of the Division of Water.                                                                     
                                                                                                                                
MICHELLE BONNET  HALE, Director, Division of Water,  Department of                                                              
Environmental  Conservation  (DEC),  answered  that  establishment                                                              
and monitoring of  the mixing zone boundary varies  from permit to                                                              
permit.  Typically,  mixing zones are established  using modeling,                                                              
which  is  quite  complex  and  includes  factors  such  as  water                                                              
density,  the kind  of fresh water  present,  and the tidal  flow.                                                              
The modeling itself  is used to create the boundary  of the mixing                                                              
zone  and  DEC   sizes  its  mixing  zones  to  be   as  small  as                                                              
practicable.   It depends upon  the permit,  when it is  issued or                                                              
re-issued, as to  whether DEC will have monitoring  at the edge of                                                              
the mixing  zone or not;  DEC is not required  to do that,  but it                                                              
is something DEC  can do to actually determine if  the mixing zone                                                              
is working as modeled.   In regard to reporting,  she said she has                                                              
been away  from the  specifics of the  reporting, but  offered her                                                              
belief that  the sampling  and reporting on  most cruise  ships is                                                              
currently  being done  through a  third party.   She pointed  out,                                                              
however,  that in  general -  nationwide as  well as  in Alaska  -                                                              
self-reporting is very common for permittees.                                                                                   
                                                                                                                                
2:06:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   SADDLER   requested   Ms.   Hale  to   speak   to   the                                                              
qualifications of a third party sampler.                                                                                        
                                                                                                                                
MS. BONNET  HALE replied  she did not  have the qualifications  at                                                              
the top of her head.                                                                                                            
                                                                                                                                
MS. KENT  offered her belief  that the department  has established                                                              
the  qualifications  of  the person  conducting  the  sampling  in                                                              
regulation, but that  she and Ms. Hale did not have  a copy of the                                                              
regulation with them.                                                                                                           
                                                                                                                                
2:07:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON inquired  whether  each ship  would have  a                                                              
different size  mixing zone  based on the  pollutant load  of that                                                              
particular  ship and  would  that  size be  based  on the  samples                                                              
taken initially in the season.                                                                                                  
                                                                                                                                
MS.  BONNET  HALE responded  that  DEC  has handled  mixing  zones                                                              
differently  in  different types  of  general  permits.   In  some                                                              
general permits,  DEC does  the modeling for  the mixing  zone and                                                              
sets  the  characteristics  that  must  be  met  in  order  for  a                                                              
discharger to qualify  for the permit; for example,  the discharge                                                              
could only  be up  to a certain  level.  In  other cases,  DEC has                                                              
done modeling  on a case-by-case  basis so each  authorization has                                                              
the mixing  zone modeled for  that specific authorization.   Since                                                              
the department  has not been doing  mixing zones, per se,  for the                                                              
cruise ship  discharges, it would have  to figure out what  is the                                                              
best way to do it.                                                                                                              
                                                                                                                                
2:08:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON surmised  it is  currently unknown  whether                                                              
it  would  be  one  generalized  mixing  zone  regardless  of  the                                                              
contaminant load from the ships or individualized mixing zones.                                                                 
                                                                                                                                
MS. BONNET  HALE answered DEC  would not  model and size  a mixing                                                              
zone  regardless of  the  pollutant load.    The pollutants  going                                                              
into the  effluent are  very important in  the modeling,  so there                                                              
might be  a set  of mixing  zones based  on ranges.   While  it is                                                              
hard to  speculate at this  time, DEC would  not have  a one-size-                                                              
fits-all-no-matter-what-is-in-the-effluent mixing zone.                                                                         
                                                                                                                                
2:09:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK inquired how  the modeling  is done  in those                                                              
cases where certain qualifications have to be met.                                                                              
                                                                                                                                
MS.  BONNET  HALE  replied  that  DEC  has  permitting  staff  who                                                              
specialize  in modeling  and  numerous staff  who  are trained  in                                                              
modeling.   Oftentimes, one  staff will do  the modeling  and then                                                              
the  experts will  check  that.   The department  also  frequently                                                              
works  with the  permittees where  the permit  applicants do  some                                                              
modeling  themselves and  then DEC's  expert  staff members  check                                                              
those models.                                                                                                                   
                                                                                                                                
2:10:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK asked what is included in the modeling.                                                                     
                                                                                                                                
MS. BONNET  HALE responded that some  of the factors looked  at in                                                              
the  modeling  include:    flow  of the  effluent,  depth  of  the                                                              
receiving  water,  stratification  of  the  receiving  water,  the                                                              
different buoyancies,  and the different  levels of  marine versus                                                              
fresh water;  and for a stationary  source DEC takes  into account                                                              
tidal reversal.                                                                                                                 
                                                                                                                                
2:11:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  inquired  whether the  modeling  takes  into                                                              
account  the propulsion  method used,  such as  whether a  ship is                                                              
using azipods,  and how much water  is agitated by  the propulsion                                                              
method and the size of the wake.                                                                                                
                                                                                                                                
MS. BONNET  HALE answered it  is hard to  get very  specific about                                                              
exactly  what goes  into the  model,  but if  DEC has  information                                                              
that there  are different  methods of propulsion  for a  ship, the                                                              
department's  modelers will  definitely  take  that into  account.                                                              
She said  DEC's modeling  software is  the standard software  used                                                              
throughout the  country, and it  takes many factors  into account.                                                              
While  she did  not  know whether  the  software  would take  into                                                              
account,  for  example, the  method  of  propulsion, she  said  it                                                              
would take into account the turbulence of the water.                                                                            
                                                                                                                                
2:13:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  noted that Ms. Ridgway was a  member of the                                                              
Cruise Ship Wastewater  Science Advisory Panel  ("Science Advisory                                                              
Panel") and asked  whether Ms. Ridgway's dispute  with the panel's                                                              
findings had been submitted to the panel in writing.                                                                            
                                                                                                                                
MICHELLE  RIDGWAY first clarified  that she  was availing  herself                                                              
for questions  on  her own  behalf and  that she  did not want  to                                                              
testify on  behalf of the panel  nor about the process.   She said                                                              
DEC  was  present  at  all  the meetings  and  it  would  be  more                                                              
appropriate  for DEC  to  explain the  panel  process.   Regarding                                                              
Representative  Johnson's 1/25/13 question  about whether  she had                                                              
communicated with  her fellow panelists about what  items she felt                                                              
should be in  the report, she said  she had sent e-mails  to panel                                                              
members  about the  areas  for which  she  strongly felt  specific                                                              
information   needed   to   be  included,   such   as   geographic                                                              
information system  (GIS) databases  on where ships  go throughout                                                              
the  state,  data on  what  the  constituents were,  the  effluent                                                              
being  discharged  by  these  ships   throughout  the  state,  the                                                              
volumes, the proximity  to important fish rearing  grounds, larval                                                              
aggregation  areas, and  other things  of this  nature.  She  sent                                                              
183 e-mails  to the  contracted manager of  the panel;  93 e-mails                                                              
to DEC  staff; and  46 e-mails to  the technical staff  requesting                                                              
that  specific  data,  data  tables,   and  queries  be  made  and                                                              
incorporated into  the document as well as expressing  her concern                                                              
about some things  that were included in the document.   In total,                                                              
she sent about 571 e-mails.                                                                                                     
                                                                                                                                
2:16:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   P.   WILSON  offered   her   understanding   that                                                              
Representative  Johnson   was  asking  whether  Ms.   Ridgway  had                                                              
submitted  written  concern at  the  end  [of the  report  writing                                                              
process].                                                                                                                       
                                                                                                                                
MS.  RIDGWAY replied  yes and  that she  would provide  it to  the                                                              
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  JOHNSON confirmed  he  would like  Ms. Ridgway  to                                                              
provide her written comments to the committee.                                                                                  
                                                                                                                                
CO-CHAIR SADDLER  clarified that what is specifically  being asked                                                              
for  is Ms.  Ridgway's  written dissent  offered  for the  panel's                                                              
report, not the e-mails.                                                                                                        
                                                                                                                                
2:18:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK,  noting  that  concern  had  been  expressed                                                              
about  marine  mammals  and  fish,  inquired  whether  the  Alaska                                                              
Department  of Fish &  Game (AGF&G)  would be providing  testimony                                                              
and whether ADF&G had been invited to do so.                                                                                    
                                                                                                                                
CO-CHAIR SADDLER answered no to both questions.                                                                                 
                                                                                                                                
REPRESENTATIVE  JOHNSON said  this is  the administration's  bill,                                                              
so it is the administration that provides the testimony.                                                                        
                                                                                                                                
CO-CHAIR  SADDLER closed  public testimony  and opened  discussion                                                              
to the consideration of amendments.                                                                                             
                                                                                                                                
2:19:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON pulled Amendment 1, labeled 28-                                                                          
GH1987\A.4, Nauman,  1/26/13, with  the understanding that  he may                                                              
offer it  later depending on the  outcome of discussion.   He said                                                              
he  had conversations  and to  enact  the kind  of standards  that                                                              
would have  to be enacted  would probably  be very detrimental  to                                                              
the seafood industry  and would make a salmon  dinner considerably                                                              
more expensive than it is now.                                                                                                  
                                                                                                                                
2:20:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved to adopt Amendment 2, labeled 28-                                                                   
GH1987\A.3, Nauman, 1/26/13, which read:                                                                                        
                                                                                                                                
     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 in  an area established  under AS 16.20  as a                                                                   
     state game  refuge, game sanctuary, or  critical habitat                                                                   
     area."                                                                                                                     
                                                                                                                                
     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)"                                                                                                       
                                                                                                                                
Objection to  the amendment was  voiced by Representative  Johnson                                                              
and Co-Chair Feige.                                                                                                             
                                                                                                                                
2:20:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON explained  he  requested Legislative  Legal                                                              
and Research Services  to draft an amendment to HB  80 to prohibit                                                              
cruise  ship   wastewater  discharges  in  ADF&G   special  areas,                                                              
critical   habitats,   state   game  refuges,   and   state   game                                                              
sanctuaries.   The  amendment is  a  little longer  than it  would                                                              
otherwise would have  been because there was some  difficulty with                                                              
conforming language  due to  HB 80 being  a governor's  bill drawn                                                              
up by the Office  of the Attorney General rather  than Legislative                                                              
Legal and Research  Services.  He said Alaska  Statutes 16.20.520-                                                              
530 allow the  legislature to establish critical  habitat areas to                                                              
protect  and preserve  habitat areas  especially  critical to  the                                                              
perpetuation of fish  and wildlife and to restrict  all other uses                                                              
not compatible with  the primary purpose.  Amendment  2 would take                                                              
the public's angst  off the table about giving DEC  the ability to                                                              
discharge  using  a  mixing  zone  in waters  that  would  not  be                                                              
otherwise compatible  with the  Alaska standards.   He  added that                                                              
cruise ship  industry representatives have  told him that  they do                                                              
not intend to discharge into state critical habitat areas.                                                                      
                                                                                                                                
2:25:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SADDLER understood  that Amendment  2 would establish  a                                                              
point-of-discharge water  quality standard for large  cruise ships                                                              
in the state's critical habitat areas.                                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON   replied  there  would  be   nothing  that                                                              
prevents  someone  from discharging  water  that  meets the  water                                                              
quality  standards   in  any  waters  of  the   state  of  Alaska.                                                              
Amendment  2 would  disallow DEC  from authorizing  a mixing  zone                                                              
for water  that is  above water quality  standards within  the six                                                              
critical habitat  areas that  include marine  waters.   In further                                                              
response,  he  clarified  that  "above  water  quality  standards"                                                              
means  prevents water  that  is dirtier  than  the existing  state                                                              
standards that exist  without a mixing zone.  He  said these areas                                                              
established by state statute should be taken off the table.                                                                     
                                                                                                                                
2:27:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked whether  any  municipal  wastewater                                                              
facilities are disposing  of waste in a mixing zone  in any of the                                                              
six critical habitat areas.                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  responded he did  not believe there  was in                                                              
all  of them,  but the  Kachemak  Bay Critical  Habitat Area  goes                                                              
from Anchor Point  over to Seldovia.  No municipal  discharge goes                                                              
into  Kachemak Bay  itself,  but  outside of  Kachemak  Bay it  is                                                              
about  a three-mile  distance  between  the end  of  the spit  and                                                              
where the  critical habitat  line goes across  and that  is within                                                              
the discharge zone  of the City of Homer and it  is a fixed mixing                                                              
zone.                                                                                                                           
                                                                                                                                
2:28:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked  whether  the  discharge  pipe  and                                                              
mixing zone  of Homer are not  in the critical habitat  area, 1600                                                              
feet offshore.                                                                                                                  
                                                                                                                                
REPRESENTATIVE SEATON  understood that it is not  in Kachemak Bay,                                                              
but outside,  whereas cruise  ships generally  come into  Kachemak                                                              
Bay.   While  there  could  be permits  in  Kachemak  Bay, he  was                                                              
unaware of any for the municipality of Homer.                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON requested verification of that.                                                                          
                                                                                                                                
MS. BONNET  HALE understood  that, based  upon DEC's records,  the                                                              
City of  Homer discharges within  the Kachemak Bay  State Critical                                                              
Habitat Area,  as do a couple  of seafood processors  and possibly                                                              
Seldovia.                                                                                                                       
                                                                                                                                
2:29:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON,  in the interest of clean  water, inquired                                                              
whether the  maker of  Amendment 2  would be  willing to  accept a                                                              
friendly  amendment   that  would  bring  into  Amendment   2  the                                                              
municipal  waste systems'  discharge within  the critical  habitat                                                              
area.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  SEATON  answered   that  including  municipalities                                                              
would expand the  bill greatly.  He maintained  that a fixed-point                                                              
mixing zone  that can be  measured and sampled  at the edge  and a                                                              
large cruise ship  vessel that has a mixing zone  edge that cannot                                                              
be defined or  measured are quite different things  and should not                                                              
be combined.                                                                                                                    
                                                                                                                                
2:30:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  asked how many  other critical  habitat                                                              
areas  and wildlife  sanctuaries  have entities  discharging  into                                                              
them.  She further asked how Amendment 2 would affect DEC.                                                                      
                                                                                                                                
MS. BONNET HALE replied  she did not know off the  top of her head                                                              
how many other  facilities discharge into critical  habitat areas,                                                              
but she  could find  out.  In  general, a  lot of communities  all                                                              
over the state have discharge.                                                                                                  
                                                                                                                                
2:31:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  asked  where the  governor  stands  on                                                              
Amendment 2.                                                                                                                    
                                                                                                                                
MS. KENT  responded DEC believes  Amendment 2 unnecessary  because                                                              
the  department  already has  authority  in  the statutes  to  put                                                              
special  conditions  on any  discharger  that either  reduces  the                                                              
amount that the  discharger can discharge, specifies  the location                                                              
of  discharge, or  prohibits locations  for  discharge, which  DEC                                                              
does in  many of  its permits.   Regarding  how Amendment  2 might                                                              
affect the department,  she said permitting by  statute takes away                                                              
some  of  the  flexibility  that   DEC  might  need  for  specific                                                              
dischargers  in specific  locations; DEC  feels it  has plenty  of                                                              
authority  to   protect  water   quality  in  those   areas  while                                                              
maintaining  some flexibility.   Even  the small  vessels that  do                                                              
not currently  have to have  a permit are  prohibited by  DEC from                                                              
discharging in  the same areas  that the  bill would want  them to                                                              
be prohibited  from discharging in,  and DEC has also  put special                                                              
provisions  where they cannot  discharge within  100 meters  of an                                                              
anadromous  fish  stream.   So,  DEC has  a  lot of  control  over                                                              
protecting  special   areas  in  the  state  under   the  existing                                                              
permitting  regime.   An amendment  like this  would undo  some of                                                              
the  other things  the administration  is  trying to  do with  the                                                              
bill, which  is really  to treat cruise  ship discharges  like the                                                              
state treats all other wastewater discharges.                                                                                   
                                                                                                                                
2:34:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER directed  attention  to  AS 46.03.462,  the                                                              
statute governing  the terms and conditions of  discharge permits,                                                              
that Amendment 2  proposes to amend.  He read  from subsection (a)                                                              
which  states,  "An  owner  or  operator  may  not  discharge  any                                                              
treated sewage,  graywater, or other wastewater from  a commercial                                                              
passenger vessel into  the marine waters of the  state unless ..."                                                              
and said the  permitting process that is subsequently  outlined in                                                              
the  statute is  rigid  and  rigorous.   He  said  the only  thing                                                              
Amendment  2  would  accomplish  is  to  selectively  step  in  to                                                              
statutorily   prohibit   discharge  in   a   state  game   refuge,                                                              
sanctuary, or  critical habitat area.   To him, this  involves the                                                              
legislature  in   selective  permitting   and  not   allowing  the                                                              
latitude  the   legislature  has   historically  granted   to  the                                                              
department.  Representative  Hawker further noted  that subsection                                                              
(h) states, "Nothing  in this section shall be  construed to limit                                                              
the authority  of the department  to "restrict the areas  in which                                                              
discharges  permitted under  this  section may  occur" or  "impose                                                              
additional   terms  and   conditions  on   the  manner  in   which                                                              
discharges  permitted  under  this   section  may  be  made  in  a                                                              
specific area."   Therefore,  he believed  that DEC is  absolutely                                                              
adequately  empowered  under  existing  statute  to  appropriately                                                              
protect  the environmental  interests  of  the state  without  the                                                              
legislature  selectively mandating  absolutes into the  permitting                                                              
process, which he thinks is wrong.                                                                                              
                                                                                                                                
2:37:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE concurred  with Representative  Hawker, saying  it                                                              
is not  in the  best interest  of the  legislature to  micromanage                                                              
the  executive   branch  through  statutory  changes.     He  said                                                              
everyone  in the  room has  the same  interest, which  is to  keep                                                              
Alaska's waters as pristine as possible.                                                                                        
                                                                                                                                
2:37:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK, noting  the statute  empowers DEC to  exempt                                                              
certain  areas from  mixing zones,  stated that  it also  empowers                                                              
the department  to have  mixing zones  in critical habitat  areas.                                                              
He  asked why  DEC would  need to  have mixing  zones in  critical                                                              
habitat areas.                                                                                                                  
                                                                                                                                
MS.  KENT  answered  it  gets back  to  treating  the  sources  of                                                              
discharges differently.   Once it gets into the water  it does not                                                              
matter if  it came  from a  cruise ship  or a domestic  wastewater                                                              
facility, what  DEC is most concerned  about is the impact  on the                                                              
water  body.    An  amendment like  this  would  be  treating  the                                                              
dischargers differently  even though their impact may  be the same                                                              
or  their impact  may  be different,  and those  are  the kind  of                                                              
issues  that DEC  works  out through  the  permitting process  and                                                              
through the public review of those permits.                                                                                     
                                                                                                                                
2:39:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  said that  when  he  heard this  issue  four                                                              
years ago it was  made clear that there is a  difference between a                                                              
stationary  port  facility and  its  regulations  versus a  mobile                                                              
vessel carrying  3,500-5,000 people.   He  understood Ms.  Kent to                                                              
be saying  that DEC  would like  to treat  cruise ship  discharges                                                              
the same as a port facility.                                                                                                    
                                                                                                                                
MS. KENT replied  there might be a bit of misunderstanding.   What                                                              
DEC would  like to  do is  use the same  permitting procedures  to                                                              
apply to all of the facilities regardless of the source.                                                                        
                                                                                                                                
2:40:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  OLSON, observing  the  bill currently  has a  zero                                                              
fiscal note, inquired whether Amendment 2 would add a cost.                                                                     
                                                                                                                                
MS.  KENT  believed that  Amendment  2  would  not have  a  fiscal                                                              
impact on the department.                                                                                                       
                                                                                                                                
2:40:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  opined that it is everyone's  goal to have                                                              
clean  water   regardless  of  the   source  of  discharge.     He                                                              
understood  DEC's standards  to say  that clean  water is  how the                                                              
department wants  to treat people equally and  there are different                                                              
regulations  to make  sure that  that happens  with mixing  zones.                                                              
It is not  that people are  being treated differently;  it is that                                                              
the  end  result needs  to  be  the  same,  and getting  there  is                                                              
different for each of the different users of the resources.                                                                     
                                                                                                                                
MS. KENT agreed.                                                                                                                
                                                                                                                                
2:41:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  reminded  members  that  by  the  statutes                                                              
establishing  these critical  habitat areas,  the legislature  has                                                              
said these  areas are  different.  He  maintained it  is confusing                                                              
to say that the  discharges of a city that is in  a fixed point of                                                              
time  and a fixed  area should  be treated  the same  as a  mobile                                                              
discharger  that can use  holding tanks  for its  large load.   To                                                              
not  recognize the  six specific  areas that  the legislature  has                                                              
designated  as critical habitats  begs the  question that  DEC can                                                              
be  allowed  to  determine  whether   additional  discharges  from                                                              
mobile sources can  go in those areas.  He urged  the committee to                                                              
recognize  the difference  between  the communities  in the  state                                                              
that are fixed and  the mobile sources that come  into an area and                                                              
to  make the  state's  water quality  be  the best  it  can be  by                                                              
adopting Amendment 2.                                                                                                           
                                                                                                                                
2:44:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON maintained his objection.                                                                                
                                                                                                                                
A roll  call vote was  taken.   Representatives Tuck,  Seaton, and                                                              
Tarr  voted in  favor  of Amendment  2.   Representatives  Hawker,                                                              
Johnson, Olson,  P. Wilson, Feige,  and Saddler voted  against it.                                                              
Therefore, Amendment 2 failed by a vote of 3-6.                                                                                 
                                                                                                                                
2:45:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  moved  to  adopt Amendment  3,  labeled  28-                                                              
GH1987\A.1, Nauman, 1/25/13, which read:                                                                                        
                                                                                                                                
     Page 3, line 23:                                                                                                           
          Delete "46.03.462(g), and 46.03.464"                                                                                  
          Insert "and 46.03.462(g)"                                                                                             
                                                                                                                                
Objection was  voiced by Representatives  Johnson and  Hawker, and                                                              
Co-Chair Feige.                                                                                                                 
                                                                                                                                
2:45:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR specified  Amendment  3 would  take away  the                                                              
language  in the  bill that  repeals the  Science Advisory  Panel.                                                              
She  pointed out  that under  existing statute  the panel's  final                                                              
report  is  due  on  or  before   January  1,  2015;  however,  as                                                              
currently  written, HB 80  would become  effective immediately  so                                                              
there  would  be no  reason  for  the Science  Advisory  Panel  to                                                              
complete its work.   She stressed that there  is strong dissenting                                                              
opinion  [by  a panel  member]  about  the panel's  draft  report.                                                              
Amendment  3  would  keep  the  panel  in  place,  giving  it  the                                                              
opportunity to  complete its  work.  She  reminded members  that a                                                              
big portion  of what is  being dealt with  came through  a citizen                                                              
initiative and some  of the proposed actions overturn  the will of                                                              
the voters.                                                                                                                     
                                                                                                                                
2:46:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SADDLER  inquired whether the Science Advisory  Panel has                                                              
more work  that it should do  or whether information  presented in                                                              
the panel's report indicates that more work would be productive.                                                                
                                                                                                                                
MS.  KENT emphasized  the panel  termed  its report  "preliminary"                                                              
rather  than "draft"  and said  it  is the  panel's final  working                                                              
product  to  date  after  an  exhaustive  review  of  technologies                                                              
available  today and  on the  horizon;  so, the  panel really  has                                                              
completed  a complete  version of  the work  it was  asked to  do.                                                              
The  department did  not ask  the panel  to produce  a report,  it                                                              
asked the  panel to  advise the  department and  a report  was the                                                              
method the  panel chose.   Continued work  by the panel  would not                                                              
produce  any   new  information,   new  data,  or   new  treatment                                                              
technologies unless  something miraculously  appeared in  the next                                                              
few years.   She said  these current permits  are on  a three-year                                                              
renewal  cycle  and most  of  DEC's  permits  are on  a  five-year                                                              
renewal cycle,  and at  a renewal  cycle DEC  always looks  to see                                                              
what technologies  are available.  Additionally,  DEC has explicit                                                              
authority  in AS  46.03.488  to continue  to  push for  continuous                                                              
improvements  even without a  science panel of  experts.   Some of                                                              
those  provisions include  authority for  monitoring and  studying                                                              
the direct or  indirect environmental effects of  those commercial                                                              
passenger vessels  and researching ways  to reduce the  effects of                                                              
vessels on marine  waters and other coastal resources.   Thus, DEC                                                              
has  "plenty of  authority  to continue  the  work to  look for  a                                                              
better mouse trap."                                                                                                             
                                                                                                                                
2:48:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  asked   what  the  cost  would  be  to                                                              
continue the Science Advisory Panel.                                                                                            
                                                                                                                                
MS. KENT  replied the  panel has  been working  for parts  of four                                                              
fiscal years.  The  total cost so far has been  about $530,000 for                                                              
contractor  costs,  travel  costs  for  panel  members  to  attend                                                              
meetings, and doing  the additional research that  the panel asked                                                              
to be done.                                                                                                                     
                                                                                                                                
2:49:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  underscored that once the  statutory language                                                              
goes away DEC  will have to come  to the legislature for  a budget                                                              
request because,  while DEC  would have the  authority to  do that                                                              
technological review,  it would not have the  funding necessary to                                                              
do it.                                                                                                                          
                                                                                                                                
CO-CHAIR  FEIGE   inquired  whether   keeping  up  with   emerging                                                              
technologies is  something DEC normally  does as part of  its day-                                                              
to-day duties or is something that would cost extra.                                                                            
                                                                                                                                
MS. KENT responded  that it is part of what DEC  does when issuing                                                              
permits  and  looking  at  permit   renewals,  so  it  is  already                                                              
included in the DEC budget.                                                                                                     
                                                                                                                                
2:51:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER  questioned why  the  fiscal  note is  zero                                                              
rather than  negative since  costs will  go away with  elimination                                                              
of the Science Advisory Panel.                                                                                                  
                                                                                                                                
MS. KENT  answered that  when the Science  Advisory Panel  was set                                                              
up under  House Bill  134, the  department did  not seek  a budget                                                              
increment because  it did not have  a good feel for what  it would                                                              
cost to do  the work.  She explained  that DEC's budget  is set up                                                              
for the  cruise ship program  such that there  is a little  bit of                                                              
money to  do things like special  studies and the  department used                                                              
that funding  to fund the panel.   If the panel did  not continue,                                                              
then  that  money  would  be  rolled  back  into  the  permitting,                                                              
reviews, inspection,  and other  work done  by DEC in  association                                                              
with cruise ships.                                                                                                              
                                                                                                                                
REPRESENTATIVE  HAWKER proffered  that  DEC  would therefore  have                                                              
the  funds for  a  project  without having  to  come  back to  the                                                              
legislature for an incremented budget request.                                                                                  
                                                                                                                                
MS. KENT concurred.                                                                                                             
                                                                                                                                
2:53:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  urged keeping  of the Science  Advisory Panel                                                              
to investigate  what is around the  corner for technology.   Since                                                              
many of the cruise  lines are currently meeting  the standards, he                                                              
did not want to  see regression of the standards.   When municipal                                                              
facilities do  not meet the standards,  the state does  not reduce                                                              
its standards,  he pointed  out.   The standards  are kept  so the                                                              
facilities  can eventually  get there.   The goal  is to  have and                                                              
maintain  high  standards  for   Alaska  waters  and  the  Science                                                              
Advisory Panel leads the state in that direction.                                                                               
                                                                                                                                
2:54:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR said  was  explained to  her  that while  DEC                                                              
would  have  the  statutory  authority,  it  would  not  have  the                                                              
funding necessary  to bring  together the  technical experts  at a                                                              
future date.   Noting she  is a person  with a science  background                                                              
in  the  professional  world,  she said  that  typically  a  final                                                              
report  would  include  the  dissenting  opinion  of  one  of  the                                                              
panelists, and this absence from the panel's preliminary report                                                                 
seems like a failure of that process.                                                                                           
                                                                                                                                
2:55:32 PM                                                                                                                    
                                                                                                                                
Objection to Amendment 3 was maintained by Representatives                                                                      
Johnson and Hawker.                                                                                                             
                                                                                                                                
A roll call vote  was taken.  Representatives Tarr  and Tuck voted                                                              
in  favor  of  Amendment  3.    Representatives  Hawker,  Johnson,                                                              
Olson, Seaton,  P. Wilson,  Feige, and  Saddler voted  against it.                                                              
Therefore, Amendment 3 failed by a vote of 2-7.                                                                                 
                                                                                                                                
2:56:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK moved to adopt Amendment 4, labeled 28-                                                                     
GH1987\A.2, Nauman, 1/25/13, which read:                                                                                        
                                                                                                                                
     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.                                                                          
                                                                                                                                
Objection was voiced by Representatives Johnson and Hawker, and                                                                 
Co-Chair Feige.                                                                                                                 
                                                                                                                                
REPRESENTATIVE TUCK  explained Amendment  4 would provide  for DEC                                                              
to use  a third  party contractor  to gather data  so it  would be                                                              
known what  is going into cruise  ship mixing zones.   In addition                                                              
to  providing for  the  ocean rangers  who  are  already there  to                                                              
gather this data,  the amendment would require the  data be posted                                                              
on the Internet for the public to see.                                                                                          
                                                                                                                                
2:57:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked whether  an  ocean  ranger has  the                                                              
qualifications to do this proposed testing.                                                                                     
                                                                                                                                
MS. KENT  replied the  primary qualification  for an ocean  ranger                                                              
is to be a  U.S. Coast Guard licensed marine  engineer, which does                                                              
not normally  come  with training  in how to  take, preserve,  and                                                              
ship samples and handle proper chain of custody.                                                                                
                                                                                                                                
2:58:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  OLSON inquired whether  there would  be associated                                                              
costs with the provisions of Amendment 4.                                                                                       
                                                                                                                                
REPRESENTATIVE  TUCK  understood  the  ocean  rangers  do  conduct                                                              
sampling  at the  point of  discharge,  so since  the rangers  are                                                              
already there this would just be giving them another duty.                                                                      
                                                                                                                                
MS.  KENT  responded  the  ocean rangers  do  not  currently  take                                                              
samples, so  they are not  trained to do  that and there  would be                                                              
an additional cost  to train them.  The bill is  unclear as to who                                                              
would  be charged  for the  sample  collection or  for the  sample                                                              
analysis.                                                                                                                       
                                                                                                                                
2:59:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON surmised the training cost  would add up                                                              
to quite a bit.                                                                                                                 
                                                                                                                                
MS.  KENT answered  there are  21  ocean rangers  for coverage  on                                                              
most of the  vessels most of the  time they are in  Alaska waters.                                                              
She reminded  members that  a tremendous  amount of monitoring  is                                                              
required under  the permit and this  would be in addition  to that                                                              
monitoring.  Since  some of the monitoring requirements  are daily                                                              
or twice  monthly, DEC already  receives a  lot of data  about the                                                              
discharges.                                                                                                                     
                                                                                                                                
3:00:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER  said he believes  the legislature  does not                                                              
need to  micromanage regulatory  process because there  is already                                                              
adequate  statutory mandate  upon  the agency  and  upon whom  the                                                              
mandate is being  imposed to protect the state's waters.   He read                                                              
some of the  information-gathering requirements included  under AS                                                              
46.03.465, which states in its entirety:                                                                                        
                                                                                                                                
     Sec. 46.03.465.   Information-gathering requirements.                                                                      
          (a) The owner or operator of a commercial                                                                             
     passenger  vessel shall maintain  daily records  related                                                                   
     to  the  period   of  operation  while  in   the  state,                                                                   
     detailing  the  dates,  times, and  locations,  and  the                                                                   
     volumes  and flow  rates of  any  discharges of  sewage,                                                                   
     graywater, or  other wastewaters into the  marine waters                                                                   
     of the  state, and  provide electronic  copies of  those                                                                   
     records on a  monthly basis to the department  not later                                                                   
     than five  days after each  calendar month of  operation                                                                   
     in state waters.                                                                                                           
          (b) While a commercial passenger vessel is                                                                            
     present  in the marine  waters of  the state, the  owner                                                                   
     or  operator  of  the vessel  shall  provide  an  hourly                                                                   
     report  of   the  vessel's  location  based   on  Global                                                                   
     Positioning  System   technology  and  collect   routine                                                                   
     samples of  the vessel's treated sewage,  graywater, and                                                                   
     other  wastewaters being discharged  into marine  waters                                                                   
     of the state  with a sampling technique approved  by the                                                                   
     department.                                                                                                                
          (c) While a commercial passenger vessel is                                                                            
     present  in   the  marine  waters  of  the   state,  the                                                                   
     department,  or an  independent  contractor retained  by                                                                   
     the department,  may collect  additional samples  of the                                                                   
     vessel's   treated   sewage,    graywater,   and   other                                                                   
     wastewaters being  discharged into the marine  waters of                                                                   
     the state.                                                                                                                 
          (d) The owner or operator of a vessel required to                                                                     
     collect samples  under (b) of this section  shall ensure                                                                   
     that all  sampling techniques and frequency  of sampling                                                                   
     events  are  approved  by the  department  in  a  manner                                                                   
     sufficient  to ensure demonstration  of compliance  with                                                                   
     all discharge requirements under AS 46.03.462.                                                                             
          (e) The owner or operator of a commercial                                                                             
     passenger   vessel   shall   pay  for   all   reporting,                                                                   
     sampling, and testing of samples under this section.                                                                       
          (f) If the owner or operator of a commercial                                                                          
     passenger  vessel  has,  when   complying  with  another                                                                   
     state  or   federal  law  that  requires   substantially                                                                   
     equivalent    information   gathering,   gathered    the                                                                   
     information  required under  (a),  (b), or  (d) of  this                                                                   
     section, the  owner or operator  shall be considered  to                                                                   
     be in  compliance with  that subsection  so long  as the                                                                   
     information is also provided to the department.                                                                            
          (g)   The   department    may   exempt   from   the                                                                   
     requirements of  (a) - (d) of this section  the owner or                                                                   
     operator  of a  small  commercial passenger  vessel  who                                                                   
     has  a plan  for  alternative  terms and  conditions  of                                                                   
     vessel discharges  approved by  the department  under AS                                                                   
     46.03.462(c).                                                                                                              
          (h) On request, the owner or operator of a                                                                            
     commercial   passenger  vessel  discharging   wastewater                                                                   
     under  AS  46.03.462(b)  shall  provide  the  department                                                                   
     with  information  relating   to  wastewater  treatment,                                                                   
     pollution  avoidance, and  pollution reduction  measures                                                                   
     used  on the  vessel, including  testing and  evaluation                                                                   
     procedures  and   economic  and  technical   feasibility                                                                   
     analyses.                                                                                                                  
                                                                                                                                
3:02:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  stated   he  cannot  support  Amendment  4                                                              
because testing  wastewater discharge samples has  not been within                                                              
the parameters  of  what an ocean  ranger can  do.   Additionally,                                                              
testing should be done in a laboratory, not onboard the vessel.                                                                 
                                                                                                                                
3:03:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR said  she is  most interested  in the  public                                                              
right to  know aspect of lines  16-17 of Amendment 4,  which would                                                              
require  DEC  to  publish  on  its  Internet  web  site  the  data                                                              
collected under  AS 46.03.476(b)(2).   Currently the data  goes to                                                              
the  department,  but there  is  no easy  way  for  the public  to                                                              
access  that information.    Some cruise  ships  are operating  on                                                              
continuous  permits,  meaning  they  are  allowed  to  continually                                                              
discharge  the entire  time  they are  at  port.   If  she were  a                                                              
parent  she  would be  concerned  about  her children  playing  in                                                              
nearby water.  She therefore urged consideration of lines 16-17.                                                                
                                                                                                                                
3:04:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  said his  intent  was to  help  DEC be  more                                                              
efficient by  having a third party  person take the  samples since                                                              
that  person  was already  there  on  the  ship.   However,  after                                                              
hearing  that training  would be  involved at  a cost  to DEC,  he                                                              
said  he would  be open  to  a friendly  amendment  to delete  the                                                              
first section of  Amendment 4 and leave the second  section [lines                                                              
15-17].                                                                                                                         
                                                                                                                                
3:05:14 PM                                                                                                                    
                                                                                                                                
No friendly  amendment to Amendment  4 was offered.   Objection to                                                              
the  amendment  was  maintained  by  Representatives  Johnson  and                                                              
Hawker.                                                                                                                         
                                                                                                                                
A roll call vote  was taken.  Representatives Tarr  and Tuck voted                                                              
in  favor  of  Amendment  4.     Representatives  Johnson,  Olson,                                                              
Seaton, P.  Wilson, Hawker, Feige,  and Saddler voted  against it.                                                              
Therefore, Amendment 4 failed by a vote of 2-7.                                                                                 
                                                                                                                                
3:06:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  moved  to  adopt Amendment  5,  labeled  28-                                                              
GH1987\A.6, Nauman, 1/26/13, which read:                                                                                        
                                                                                                                                
     Page 3, following line 22:                                                                                                 
     Insert new bill sections to read:                                                                                          
        "* Sec. 5. AS 46.03.463(h) is amended to read:                                                                      
          (h)  The provisions of (a) - (f), and (i) of this                                                                 
     section  do  not  apply  to   discharges  made  for  the                                                                   
     purpose  of  securing  the   safety  of  the  commercial                                                                   
     passenger   vessel  or  saving   life  at  sea   if  all                                                                   
     reasonable precautions  have been taken for  the purpose                                                                   
     of preventing or minimizing the discharge.                                                                                 
        * Sec.  6. AS 46.03.463  is amended  by adding  a new                                                                 
     subsection to read:                                                                                                        
          (i)  Except as provided in (h) of this section or                                                                     
     AS 46.03.462(c),  a  person  may not  discharge  sewage,                                                                   
     graywater,  or   other  wastewater  from   a  commercial                                                                   
     passenger  vessel into  the marine  waters of the  state                                                                   
     that has a  copper concentration of more than  two parts                                                                   
     per billion  for more  than 10  minutes with a  dilution                                                                   
     factor not greater than 50,000."                                                                                           
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
Objection was  voiced by Representatives  Johnson and  Hawker, and                                                              
Co-Chair Feige.                                                                                                                 
                                                                                                                                
3:06:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  said much time  has been spent  talking about                                                              
what level  [of copper  concentration] is  appropriate to  protect                                                              
salmon.   She said  putting into  statute a  [copper] standard  of                                                              
two parts  per billion  (ppb), which  she understood  most  of the                                                              
cruise ships  can meet, would  indicate the legislature's  concern                                                              
for protecting  the  state's wild  salmon.  She  offered to  share                                                              
several scientific articles in this regard.                                                                                     
                                                                                                                                
3:07:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SADDLER requested  DEC to address  the possible  impacts                                                              
of Amendment 5.                                                                                                                 
                                                                                                                                
MS.  KENT  stated  this is  another  amendment  that  strays  into                                                              
permitting.   While  DEC is  concerned about  copper, the  concern                                                              
here is that the  bill would be setting a discharge  standard that                                                              
is  not   really  based  on   available  science.     The  science                                                              
demonstrating  some  behavioral  issues on  olfactory  ability  of                                                              
salmon is  all done on freshwater  and even the  researchers doing                                                              
that  work have  said it  cannot  be translated  to marine  waters                                                              
because  of  the  differing buffering  capability  in  the  marine                                                              
waters and because  they cannot reflect the  physiological changes                                                              
that  occur in  the fish  as  they are  moving  from saltwater  to                                                              
freshwater.   It is  an area  where more  research is needed,  but                                                              
DEC  does not  currently  have  something that  is  scientifically                                                              
defensible on which to base these standards.                                                                                    
                                                                                                                                
CO-CHAIR SADDLER held over HB 80.                                                                                               

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