Legislature(2013 - 2014)BELTZ 105 (TSBldg)
03/24/2014 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SJR25 | |
| HB218 | |
| HB47 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SJR 25 | TELECONFERENCED | |
| + | HB 47 | TELECONFERENCED | |
| + | HB 218 | TELECONFERENCED | |
| + | TELECONFERENCED |
SJR 25-EXXON VALDEZ OIL SPILL DAMAGES/REOPENER
1:37:32 PM
CHAIR COGHILL announced the consideration of SJR 25, a
resolution, "Urging the Alaska Department of Law and the United
States Department of Justice to file a motion in United States
District Court to compel the ExxonMobil Corporation to honor the
commitment to pay additional damages for the Exxon Valdez oil
spill under the 'Reopener for Unknown Injury' provision of the
1991 Agreement and Consent Decree and to collect the full demand
for payment the state and federal government submitted to the
ExxonMobil Corporation on August 31, 2006; and urging the Exxon
Valdez Oil Spill Trustee Council immediately to initiate
subsurface lingering oil restoration work." He said it was the
first hearing on the bill.
1:37:50 PM
SENATOR BERTA GARDNER, sponsor of SJR 25, thanked the committee
for hearing the bill. She noted it was the 25th anniversary of
the Exxon Valdez oil spill. She said her intention is twofold:
to gain access to additional resources as agreed by Exxon and
the state and to prepare for development of resources going
forward with assurance that this development is expected to
prevent spills in the future. Alaska has a strong interest in
assuring that there are high standards in resource development
pertaining to prevention and response. She stated that, thus far
with the Exxon Valdez spill, Alaska hasn't done everything it
could. She said she wanted to make sure that Alaska does not
miss the opportunity to claim what is still needed and has been
agreed upon.
1:40:53 PM
NOAH HANSON, Staff, Senator Berta Gardner, introduced SJR 25 on
behalf of the sponsor. He read from the following document:
SJR 25 urges the Alaska Department of Law and the US
Department of Justice to take court action to collect
from Exxon the delinquent $92 million oil spill
"Reopener for Unknown Injury" claim submitted by the
Murkowski Administration in 2006.
In the historic 1991 settlement of the State of Alaska
and U.S. Government claims against Exxon for the 1989
Exxon Valdez oil spill, Exxon agreed to pay $900
million in civil damages, $100 million in criminal
restitution, and a $25 million criminal fine.
Additionally, the Agreement and Consent Decree
provided for a "Reopener for Unknown Injury" under
which Exxon would pay up to $100 million in the future
for injuries unknown and unanticipated at the time of
the settlement.
In 2006, the Murkowski Administration, at the urging
of the Alaska Legislature, collaborated with the Bush
administration to develop a restoration plan for
unknown injuries, and presented a demand for payment
to Exxon for $92 million. Exxon rejected the claim and
refused to honor its obligations as set forth in the
1991 agreement.
Meanwhile, state and federal studies confirm that a
substantial amount of Exxon Valdez oil remains on
beaches in substrates and the oil is nearly as toxic
as it was the first few weeks after the spill. Birds,
fish and mammals in the region continue to be
affected.
Although the State of Alaska has continued to study
lingering oil injuries, it has yet to begin work to
remediate lingering oil, as promised in 2006, nor has
it taken Exxon to court to collect the long-overdue
claim.
th
On June 25, 2010 Exxon unilaterally suspended the
tolling agreement among the parties, under which the
statute of limitations had been temporarily suspended.
This action started the clock ticking, with
potentially a 6-year limit. Therefore, we must pursue
our claim in court before June 25, 2016, or lose it
forever.
After 25 years, it is time to give Alaskans closure on
this issue. I look forward to your support on this
resolution.
1:45:58 PM
SENATOR DYSON said he takes exception to the phrase "what we
need." He suggested it should be based on what is fair and just.
SENATOR GARDNER said she was indicating that research and work
are still needed.
SENATOR DYSON suggested the context is "what we need for
remediation, not what the state needs for income."
SENATOR GARDNER agreed. She said a need for income is not what
this bill is about.
SENATOR DYSON said overstatements are a bother and ultimately
bring credibility into question. He offered that most beaches in
Prince William Sound weren't oiled. It's not accurate to give
the impression that the entire Sound was oiled. He further
opined that Dr. Steiner's report is overstated.
CHAIR COGHILL said he would hold SJR 25 in committee and take
public testimony at a subsequent hearing.