Legislature(2017 - 2018)BUTROVICH 205

03/27/2017 03:30 PM RESOURCES

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03:30:30 PM Start
03:31:46 PM Confirmation Hearing: Board of Game
03:39:36 PM Confirmation Hearing: Alaska Gasline Development Corporation
04:25:29 PM SB92
05:08:27 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor's Appointees: TELECONFERENCED
Board of Game
- Stosh Hoffman
Alaska Gasline Development Corporation
- Hugh Short
- David Wight
- Warren Christian
-- Public Testimony on Appointees --
*+ SB 92 VESSELS: REGISTRATION/TITLES; DERELICTS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB  92-VESSELS: REGISTRATION/TITLES; DERELICTS                                                                     
                                                                                                                                
4:25:29 PM                                                                                                                    
CHAIR  GIESSEL  announced  consideration  of  SB  92  offered  by                                                               
Senator  Micciche.  She  said   Alaska's  coastal  highways  have                                                               
turnouts  that  have  become ship  graveyards,  and  hundreds  of                                                               
derelict vessels pose public  safety, environmental, and economic                                                               
burdens. Finding  the right balance between  the public interest,                                                               
rights of property owners, and  the balance sheets of communities                                                               
in the state are addressed by this legislation.                                                                                 
                                                                                                                                
SENATOR MICCICHE, Alaska State  Legislature, Juneau, Alaska, said                                                               
SB 92 is  really that simple. He said his  staff would provide an                                                               
overview and  Ms. Lord  would provide  a presentation  that would                                                               
reveal the reason for this legislation.                                                                                         
                                                                                                                                
4:26:32 PM                                                                                                                    
RACHEL   LORD,  Coordinator,   Statewide  Alaska   Clean  Harbors                                                               
Program,  Homer, Alaska,  provided supportive  background for  SB                                                               
92. She  said that  this program  is now  run through  the Marine                                                               
Exchange  in Juneau  and through  it, she  worked for  years with                                                               
harbormasters around  the state  and with the  Alaska Association                                                               
of Harbormasters and Port Administrators.                                                                                       
                                                                                                                                
She started off with a story  about two vessels - the F/V Leading                                                               
Lady and the  F/V Kupreanof - that had been  kicked out of Kodiak                                                               
and  denied entrance  to several  other ports.  This led  to both                                                               
vessels sinking  in Kachemak Bay  on state tideland  waters where                                                               
they were anchored, which left a  sheen of oil in close proximity                                                               
to commercial oyster farms.                                                                                                     
                                                                                                                                
On January  18, the  Coast Guard raised  the vessels  and removed                                                               
pollutants with  their authority  ending at  that point.  When it                                                               
became clear that  the owner and responsible party  was not going                                                               
to remove the  vessels themselves, DNR impounded  the vessels and                                                               
moved them to  Homer. One was demolished; the  other was returned                                                               
to the  owner after  payment of  $11,500 to  DNR even  though the                                                               
price  tag was  at least  $40,000 for  DNR and  $400,000 for  the                                                               
Coast Guard; and she didn't know the cost for DEC.                                                                              
                                                                                                                                
This is not a singular story,  Ms. Lord said. Alaska has an aging                                                               
fleet of vessels and outdated  statutes. By 2025 the Alaska fleet                                                               
will include  roughly 3,100 vessels  between 28 and 59  feet that                                                               
are more  than 45 years  old. The  Alaska fleet also  includes 75                                                               
passenger vessels,  tugs, and  barges over 50  years old.  A 2014                                                               
McDowell  Group  Report  on  trends   and  opportunities  in  the                                                               
maritime  sector  considered it  a  positive  highlight for  ship                                                               
building  opportunities,  but  an   excerpt  from  the  executive                                                               
summary paints a different picture of derelict vessels.                                                                         
                                                                                                                                
MS. LORD said the F/V Leading  Lady and F/V Kupreanof are classic                                                               
examples of  boats across Alaska.  The current reality is  one in                                                               
which it is all too easy to  pass on an expensive and aging boat.                                                               
And  the cost  of maintaining  a boat  only increases  over time.                                                               
With the help from the Derelict  Vessel Task Force, DNR has begun                                                               
a  derelict  vessel  data  base  of 200  vessels,  but  it  isn't                                                               
complete.   Case   studies   have   shown   that   agencies   and                                                               
municipalities are  hamstrung to  effectively prevent  and manage                                                               
derelict  vessel, and  the public  ultimately pays  the price  in                                                               
money,  environmental damage,  navigational hazards  and loss  of                                                               
aesthetics.  Alaska's  waters are  too  often  a default  dumping                                                               
ground.                                                                                                                         
                                                                                                                                
An  incident  in  2012  catalyzed  the formation  of  an  ad  hoc                                                               
Abandoned  Ad  Derelict Vessel  Task  Force  for the  state  that                                                               
identified  major barriers  and solutions  to improving  derelict                                                               
vessel  prevention and  management in  Alaska and  these are  all                                                               
captured within SB 92. Participation  in the Derelict Vessel Task                                                               
Force  was open  to anyone  interested she  said and  presented a                                                               
list of agencies  at the table. The municipal law  firm of Birch,                                                               
Horton,  Bitner, and  Cherot provided  pro bono  legal assistance                                                               
for  this  effort. They  represent  Kodiak,  Cordova, Homer,  and                                                               
other  communities and  have spent  significant time  on derelict                                                               
vessel cases  and ordinances to protect  their communities. Their                                                               
help, along with  the work of all the other  people at the table,                                                               
and substantial  research from other  states was  instrumental to                                                               
navigating potential solutions for  the myriad of problems raised                                                               
by derelict vessels around Alaska.                                                                                              
                                                                                                                                
MS.  LORD said  it was  an honor  to work  with these  people and                                                               
facilitate  their work.  The  task force  met  for nine  full-day                                                               
meetings  over  the course  of  two  years and  identified  major                                                               
problems that were addressed by SB 92.                                                                                          
                                                                                                                                
4:32:48 PM                                                                                                                    
A major barrier  to effectively dealing with  derelict vessels is                                                               
a  lack of  clarity  in  current law.  The  course  of action  is                                                               
different if one declares a  vessel derelict versus abandoned and                                                               
the  impoundment hearing  processes  are not  clear  nor are  the                                                               
notice  requirements. The  definition  of the  vessel owner  also                                                               
leaves ambiguity. SB 92 addresses  these issues and provides much                                                               
more clarity in AS 30.30, the derelict vessel statutes.                                                                         
                                                                                                                                
Current statutes  restrict enforcement  of derelict  vessel laws.                                                               
One  of DNR's  biggest tools  is  to write  trespass notices  and                                                               
those are clearly not enough  enforcement. The current penalty of                                                               
$500 is both not enough and not enforceable.                                                                                    
                                                                                                                                
MS. LORD  said she has  noticed news articles on  derelict vessel                                                               
cases  and  that the  comments  are  resoundingly in  support  of                                                               
response  efforts  and  often  ask why  state  laws  aren't  more                                                               
stringent and they clamor for owner liability.                                                                                  
                                                                                                                                
In  2015  representatives from  DNR  and  DEC participated  in  a                                                               
nationwide derelict vessel workshop  held by National Oceanic and                                                               
Atmospheric  Administration  (NOAA).  They  noted  that  everyone                                                               
around  the country  agreed: there  is never  going to  be enough                                                               
money to remove  all derelict vessels. The investment  in a point                                                               
person or program  alone is proving to be  instrumental in making                                                               
progress  on  preventing  and better  managing  derelicts.  As  a                                                               
facilitator,  every few  months  she  gets a  phone  call from  a                                                               
community or  village somewhere in  Alaska asking for  advice and                                                               
assistance  on a  derelict vessel  case. Alaska  agency employees                                                               
are doing  this work in  different offices around the  state with                                                               
varying  levels  of familiarity  with  derelict  vessel laws  and                                                               
background.  SB  92  proposes   establishing  a  derelict  vessel                                                               
program at DNR  allowing for the streamlining  of derelict vessel                                                               
work  around the  state to  improve efficacy  and reduce  overall                                                               
costs. She  believes this will be  a big step forward  for Alaska                                                               
to curb the dumping of vessels in our waters.                                                                                   
                                                                                                                                
Vessel disposal must  be addressed at some point,  Ms. Lord said,                                                               
and while  this isn't necessarily the  job of the state  it would                                                               
be beneficial  to start looking  for vessel disposal  options and                                                               
solutions  including conversations  with the  private sector  and                                                               
municipalities. In  other states,  people are  seeing that  it is                                                               
far cheaper  to remove a vessel  from the water before  it sinks.                                                               
This  could  be different  in  Alaska;  however, any  sunken  and                                                               
abandoned vessel in Alaska is going to be enormously costly.                                                                    
                                                                                                                                
MS.  LORD  explained  that under  the  proposed  derelict  vessel                                                               
prevention  program,  the state  will  have  some opportunity  to                                                               
begin asking these questions and  considering a suite of possible                                                               
solutions. Without insurance, when a  vessel is abandoned or left                                                               
to  sink  on  state  waters,  it can  be  impossible  to  find  a                                                               
responsible party. A  few harbors around the  state are beginning                                                               
to  require   insurance  of  some   kind  and  many   others  are                                                               
considering it.                                                                                                                 
                                                                                                                                
Under SB 92, a vessel over  30 feet that is engaged in commercial                                                               
activity  and  on the  water  for  more  than  90 days  would  be                                                               
required  to  carry a  marine  insurance  policy. If  someone  is                                                               
considering  a  long-term commercial  venture  on  the water  and                                                               
insurance  policy  will  protect  the public  in  the  event  the                                                               
commercial endeavor  does not work  out as planned.  This happens                                                               
often unfortunately.                                                                                                            
                                                                                                                                
Finally, one of the hurdles  to holding vessel owners responsible                                                               
is  establishing ownership.  With the  Challenger, a  70-year old                                                               
96-foot long tugboat  that sank in Gastineau Channel  in 2015 the                                                               
bill of  sale was written up,  but the current and  former owners                                                               
disagreed on  who actually owned  the vessel. While that  will be                                                               
up to  the Coast  Guard to  deal with, they  carried a  nearly $2                                                               
million  bill  for  dealing  with that  case.  Our  agencies  and                                                               
harbors face this  run-around on a regular basis.  SB 92 proposes                                                               
establishing  more  universal  registration  requirements  and  a                                                               
titling system  for vessels  similar to  motor vehicles.  Done in                                                               
other  states,  these are  some  common-sense  solutions to  help                                                               
improve accountability.                                                                                                         
                                                                                                                                
4:37:05 PM                                                                                                                    
MS. LORD said  just looking at the Challenger  case that happened                                                               
in  Juneau, an  excerpt from  an Empire  indicated that  "gosh we                                                               
really need  to do  something." It went  through some  ideas like                                                               
requiring vessel  registration and  insurance. At the  very least                                                               
DNR could be granted the simple  authority to levy fines on those                                                               
who  pollute Alaska's  waters. SB  92  proposes addressing  these                                                               
matters.                                                                                                                        
                                                                                                                                
She said  in 2013 a Washington  State official said, "We  need to                                                               
find a  way to  keep these  vessels from  being abandoned  in our                                                               
waterways, and  that means holding  owners accountable.  Too many                                                               
people  get  in  over  their  heads, and  their  dreams  of  ship                                                               
renovation or making  money from scrap become a  nightmare of the                                                               
citizens of this state and the marine environment."                                                                             
                                                                                                                                
The quote concludes  saying. "A hole in the water  into which you                                                               
pour your money is a famous  definition of a boat. To the maximum                                                               
extent possible,  we must ensure  the taxpayers are not  the ones                                                               
doing the pouring."                                                                                                             
                                                                                                                                
4:38:18 PM                                                                                                                    
MS. LORD  said the 16th Legislature  knew this was a  problem and                                                               
passed  HCR 53  in 1990  saying that  many abandoned  vessels are                                                               
grounded on the  coast of Alaska and they are  a problem that the                                                               
state doesn't have  the financial or statutory  resources to deal                                                               
with, and  that communities around  the state are  also suffering                                                               
from widespread  abandoned vessels.  The resolution  concludes by                                                               
requesting  that  the  problems  posed by  abandoned  vessels  be                                                               
studied   with  recommendations   brought  forth   to  the   17th                                                               
Legislature   for  legislation   necessary  to   remedy  existing                                                               
problems and prevent future ones.                                                                                               
                                                                                                                                
Today she  finds herself with the  30th Legislature and SB  92 is                                                               
necessary  to  move forward  on  better  managing and  preventing                                                               
derelict vessels  around Alaska  and she  looks forward  to their                                                               
conversation and forward movement on this bill.                                                                                 
                                                                                                                                
4:39:50 PM                                                                                                                    
RACHEL   HANKE,  staff   to   Senator   Micciche,  Alaska   State                                                               
Legislature, Juneau, Alaska, provided  a sectional analysis of SB                                                               
92.                                                                                                                             
                                                                                                                                
Section 1  requires that a  boat placed  on state waters  must be                                                             
titled as  well as  registered and numbered  as required  in this                                                               
chapter.                                                                                                                        
                                                                                                                                
Section  2 removes  Coast Guard  certificate  exception and  adds                                                             
language  that requires  certificate of  number on  a barge  that                                                               
operated on water for more than 60 consecutive days.                                                                            
                                                                                                                                
SENATOR  STEDMAN  asked  how a  documented  and  an  undocumented                                                               
vessel  are  going  to  be   treated  differently,  referring  to                                                               
language on page 1, line 8.                                                                                                     
                                                                                                                                
MS. HANKE said  some vessels are documented with  the Coast Guard                                                               
and it is  the intention that those be documented  with the state                                                               
as well.                                                                                                                        
                                                                                                                                
MS. LORD  added that was  true and  that 26 other  states require                                                               
all documented  vessels to be  registered with the state  DMV, as                                                               
well. Washington  is one of those  states. Given the size  of the                                                               
problem they  suggest expanding  the registration  requirement to                                                               
include  documented  boats,  because  that will  help  the  state                                                               
better  identify ownership  when  a boat  is  abandoned on  state                                                               
lands or municipal harbors.                                                                                                     
                                                                                                                                
SENATOR  STEDMAN  said  that documentation  database  is  already                                                               
available   and  suggested   getting   more  information   before                                                               
increasing regulatory burdens unnecessarily.                                                                                    
                                                                                                                                
4:43:18 PM                                                                                                                    
MS. HANKE said  section 3 states that a boat  is exempt from this                                                             
title if  it operates in the  state for less than  90 consecutive                                                               
days and has  a valid certificate of number;  barges that operate                                                               
for less  than 60  days with  a valid  certificate of  number are                                                               
also exempt.                                                                                                                    
                                                                                                                                
Section  4 adds  a new  section which  directs the  Department of                                                               
Administration  (DOA) to  adopt regulations  and create  a system                                                               
for  certification  of titles.  An  individual  who purchases  an                                                               
undocumented  boat is  required  to apply  for  a certificate  of                                                               
title within 30 days.                                                                                                           
                                                                                                                                
Section 5 adds cross-references.                                                                                                
                                                                                                                                
Section 6 increases motorized boat  registration for a three-year                                                               
period from $24 to $30, adds  a barge registration fee of $75 for                                                               
a three-year period, and adds a boat title fee of $20.                                                                          
                                                                                                                                
Sections 7 & 8 add definitions.                                                                                                 
                                                                                                                                
SENATOR STEDMAN remarked that this bill has some issues.                                                                        
                                                                                                                                
CHAIR GIESSEL agreed  and added that they would  be addressing it                                                               
for quite a while.                                                                                                              
                                                                                                                                
SENATOR STEDMAN  said language on page  4, line 6, talks  about a                                                               
barge  and asked  if that  is  a freight  barge and  if it  would                                                               
include a fuel barge.                                                                                                           
                                                                                                                                
MS. LORD said the intention is to include all barges.                                                                           
                                                                                                                                
MS.  HANKE said  sections 9  & 10  clarify and  simplify existing                                                               
statute.                                                                                                                        
                                                                                                                                
4:45:15 PM                                                                                                                    
Section 11  provides that a  person found guilty of  abandoning a                                                               
vessel is guilty  of a class B misdemeanor that  is punishable by                                                               
one or more of  the following: a fine of no  less than $5,000 and                                                               
no more  than $10,000, up  to 90 days  in jail, or  forfeiture of                                                               
the vessel.                                                                                                                     
                                                                                                                                
SENATOR STEDMAN  asked her to  elaborate on who would  be exposed                                                               
to the classification of misdemeanor and the fine.                                                                              
                                                                                                                                
MS.  LORD replied  it would  expose the  person who  violates the                                                               
statute.                                                                                                                        
                                                                                                                                
4:47:30 PM                                                                                                                    
LINDA  BRUCE,   Legislative  Legal,  Alaska   State  Legislature,                                                               
clarified that a  person could be found guilty  of violating this                                                               
section if  they store or leave  a derelict vessel on  the waters                                                               
of the state (section 9) without  the consent of the state agency                                                               
or municipality or  dock at any private  property without consent                                                               
of the owner.                                                                                                                   
                                                                                                                                
SENATOR STEDMAN said  all submerged lands are owned  by the state                                                               
and are its  navigable waters. He said the curious  issue is that                                                               
some people own derelict vessels and  let them sink in the harbor                                                               
or take them out  and let them sink on the  beach, and they don't                                                               
have $5,000.  One of the biggest  challenges is that a  boat ends                                                               
up going to  the lowest economic common denominator  in its final                                                               
days.                                                                                                                           
                                                                                                                                
SENATOR MICCICHE  said reminded  the committee that  this section                                                               
is amended, but  it was always a misdemeanor  that was punishable                                                               
by a fine  of not less than  $500 or more than six  months, or by                                                               
both. It  was changed to  a higher fine,  but a lower  time. They                                                               
don't want  to be the  heavy hand of law,  but the spirit  of the                                                               
bill is to  make someone accountable other  than the municipality                                                               
or state for a vessel sinking in one of our harbors.                                                                            
                                                                                                                                
MS.  HANKE   said  section   12  allows   the  department   or  a                                                               
municipality  to report  violations to  the Attorney  General for                                                               
enforcement.                                                                                                                    
                                                                                                                                
Section 13  adds new a  section which allows an  aggrieved person                                                               
to  file a  civil injunction.  Civil penalties  of not  more than                                                               
$1,000 can  be imposed for  each violation. Each day  a violation                                                               
occurs constitutes a separate violation.                                                                                        
                                                                                                                                
Section   14   allows   the   department   to   provide   written                                                               
authorization  for  a  vessel  to  be left  within  30  days  and                                                               
clarifies language.                                                                                                             
                                                                                                                                
Section  15 states  that at  least  30 days  before impounding  a                                                               
vessel,  the impounding  authority  shall post  a  notice on  the                                                               
vessel, and  on the  state's or  municipality's website.  It adds                                                               
language to allow use of an  address on file with the Coast Guard                                                               
or Department  of Administration and moves  notice specifications                                                               
to section (b).                                                                                                                 
                                                                                                                                
Section   16  adds   new   subsections   that  establish   notice                                                               
specifications  and  defines  the procedure  for  pre-impoundment                                                               
hearings.  The owner  can file  within  15 days  after the  post-                                                               
marked date of the notice.                                                                                                      
                                                                                                                                
Section  17  adds  a  new   section  to  establish  notice  of  a                                                               
disposition procedure.                                                                                                          
                                                                                                                                
Section 18  provides clear guidelines  for dealing with  a vessel                                                               
after being impounded by the state or a municipality.                                                                           
                                                                                                                                
Section  19  removes the  requirement  that  an interested  party                                                               
taking  possession of  a vessel  pay expenses  incurred and  post                                                               
security.                                                                                                                       
                                                                                                                                
4:48:00 PM                                                                                                                    
SENATOR STEDMAN said the 30-day  notification in Section 18 seems                                                               
short for finding someone, and asked why it is so short.                                                                        
                                                                                                                                
SENATOR  MICCICHE answered  that  this bill  was  processed by  a                                                               
large  stakeholder group  that deals  with these  issues all  the                                                               
time,  and if  those timelines  are not  appropriate it's  in the                                                               
members'  hands, but  he  hoped they  would  allow a  stakeholder                                                               
explanation.                                                                                                                    
                                                                                                                                
BRYAN HAWKINS, Harbormaster,  Alaska Association of Harbormasters                                                               
& Port Administrators,  City of Homer, Alaska,  said the timeline                                                               
for impoundment  was thoroughly researched by  the attorneys that                                                               
provided the  pro bono help  for this  task force. It's  a 30-day                                                               
notice of  intent of impoundment  and then another 30  days takes                                                               
place before the second notice of impoundment is delivered.                                                                     
                                                                                                                                
4:53:35 PM                                                                                                                    
MS.  HANKE said  section  20 establishes  the  procedure for  the                                                               
immediate impoundment  of derelict vessels that  pose an imminent                                                               
threat to safety.                                                                                                               
                                                                                                                                
Section  21 adds  new a  section that  states the  individual who                                                               
owns an  impounded vessel is  responsible for all  costs incurred                                                               
in the process.                                                                                                                 
                                                                                                                                
4:53:59 PM                                                                                                                    
Section  22  adds  a  section that  will  require  insurance  for                                                             
commercial vessels  over 30 feet  in length and are  operating on                                                               
state waters  or docked  at state or  municipal harbors  for more                                                               
than 90 days.                                                                                                                   
                                                                                                                                
SENATOR  STEDMAN said  in  trying  to deal  with  the expense  of                                                               
derelict  vessels in  the  harbor,  harbormasters have  indicated                                                               
that insurance companies require a  survey every few years to get                                                               
coverage.  If  the boat  can't  pass  the survey,  the  insurance                                                               
company won't  insure it.  All that's  required is  a requirement                                                               
that the  vessel in the  harbor has  to show proof  of insurance.                                                               
The issue  then becomes  where they  go when they  go out  of the                                                               
harbor.                                                                                                                         
                                                                                                                                
The requirement for the insurance  policy to show cost of removal                                                               
needs  to be  looked at,  he  said, because  that could  possibly                                                               
start incurring  additional insurance  costs to the  boat owners.                                                               
For instance, the  Juneau Harbor Department requires  him to have                                                               
insurance, and  if he doesn't it  would put him into  another fee                                                               
structure. If  the boat isn't  insurable that would tip  them off                                                               
to a problem.                                                                                                                   
                                                                                                                                
SENATOR MICCICHE said  one can look at the bill  as a snapshot in                                                               
time today  or one  can look  at it as  a comprehensive  plan for                                                               
vessels that are 100 percent  shiny off-the-line with the thought                                                               
of  when  they  become  derelict  vessels,  which  is  where  the                                                               
exposure  lies for  municipalities and  the state.  That is  when                                                               
they want them dealt with.                                                                                                      
                                                                                                                                
4:58:39 PM                                                                                                                    
MS.  HANKE   said  section  23  simplifies   the  guidelines  for                                                               
identifying a derelict vessel.                                                                                                  
                                                                                                                                
Section 24 directs  the department to establish  and administer a                                                               
derelict  vessel prevention  program. It  establishes the  duties                                                               
and powers of the department and establishes a program fund.                                                                    
                                                                                                                                
Section 25 adds "floating facility" to the definition of vessel.                                                                
                                                                                                                                
Section 26 adds definitions.                                                                                                    
                                                                                                                                
Section 27 names this chapter the "Derelict Vessels Act."                                                                       
                                                                                                                                
Sections  28 &  29  add sections  to Title  37,  which allow  for                                                               
registration  and   titling  receipts,  civil   penalties,  money                                                               
received  from  sales,  donations,   and  other  receipts  to  be                                                               
deposited into the Derelict Vessels Program Fund.                                                                               
                                                                                                                                
Section 30 removes  repealed sections, which will  allow the fund                                                               
to remain without federal funding.                                                                                              
                                                                                                                                
Section 31 repeals sections.                                                                                                    
                                                                                                                                
Section 32  directs the Department  of Natural Resources  and the                                                               
Department of Administration to  adopt necessary regulations, and                                                               
these regulations take affect  under the Administrative Procedure                                                               
Act.                                                                                                                            
                                                                                                                                
4:59:52 PM                                                                                                                    
Section  33  requests  the  revisor of  statutes  to  change  two                                                               
headings.                                                                                                                       
                                                                                                                                
Sections 34-37 establishes effective dates.                                                                                     
                                                                                                                                
SENATOR STEDMAN asked  if "floating facilities" on  page 14, line                                                               
15, include float houses.                                                                                                       
                                                                                                                                
5:00:23 PM                                                                                                                    
MS. BRUCE  answered that "floating  facility" is broad  enough to                                                               
encompass float houses.                                                                                                         
                                                                                                                                
5:00:59 PM                                                                                                                    
MS. LORD commented  that the term "floating facility"  is used in                                                               
DNR's management  area plans. Those  plans include  float houses,                                                               
float camps,  floating structures within that  floating facility.                                                               
It is  important that float  houses are explicitly  covered under                                                               
this bill  and if  the definition of  floating facility  does not                                                               
fully cover that, then an expanded definition should be found.                                                                  
                                                                                                                                
SENATOR  STEDMAN   asked  how  section  22   requiring  insurance                                                               
interplays with float houses.                                                                                                   
                                                                                                                                
5:02:28 PM                                                                                                                    
JOE MCCULLOUGH,  Office of Boating Safety,  Department of Natural                                                               
Resources (DNR), Anchorage, Alaska,  answered the didn't know how                                                               
they intersect, but  the definition of "vessel"  is anything used                                                               
for  transportation on  the water.  He didn't  know that  a float                                                               
house would necessarily meet that  unless it was moving around on                                                               
the water. If it's anchored up  and people are just living in it,                                                               
and it's  not used  for transportation,  it's not  going to  be a                                                               
boat or a vessel.                                                                                                               
                                                                                                                                
SENATOR STEDMAN  said line 15  on page 14 changes  the definition                                                               
of "vessel."                                                                                                                    
                                                                                                                                
CHAIR  GIESSEL said  she was  certain that  the bill  sponsor and                                                               
Senator Stedman would be in touch with him.                                                                                     
                                                                                                                                
SENATOR MICCICHE  said the numbering and  registration provisions                                                               
have  an  exemption  for  a   boat  that  is  not  equipped  with                                                               
mechanical propulsion  and then it  would have  to be 30  feet or                                                               
longer  to be  in  the insurance  section. It  would  have to  be                                                               
engaged in commercial activity. So,  he thinks there are a couple                                                               
of ways  that float  houses are  left out of  the bill,  but that                                                               
could be clarified.                                                                                                             
                                                                                                                                
5:05:21 PM                                                                                                                    
SENATOR  HUGHES said  she lives  in  a district  where one  might                                                               
think  derelict vessels  are not  an issue:  Chugiak and  Palmer.                                                               
However,  a ship  built  in 1912  in Seattle  was  brought up  to                                                               
Ketchikan and  used as a  fish tender  there and in  Port Graham.                                                               
After the  earthquake, it  was used to  rescue 43  individuals on                                                               
Kodiak  Island  when there  was  concern  about a  tsunami.  Then                                                               
sometime in the  80s, Till Wallace from Chugiak saw  it in Homer.                                                               
Even though  it was  quite old  at the time,  he brought  it into                                                               
Chugiak where it now resides  along the old Glenn Highway between                                                               
the Birch  Wood exists.  It's become  somewhat of  an icon  and a                                                               
place where folks  take photographs. She asked if  they should be                                                               
concerned about if a community  really wants a derelict vessel or                                                               
will someone be fined $5,000.                                                                                                   
                                                                                                                                
SENATOR MICCICHE  said it sounds  like that vessel is  on private                                                               
property  and this  bill does  not deal  with vessels  on private                                                               
property.                                                                                                                       
                                                                                                                                
SENATOR HUGHES responded  that it was recently  moved to property                                                               
owned by the volunteer fire  and rescue department, and therefore                                                               
may be on public land. If it is, would it then apply?                                                                           
                                                                                                                                
SENATOR MICCICHE said  he would do further  research, although he                                                               
was  comfortable  with  "no."  The   intent  is  to  protect  our                                                               
waterways from  state and municipal expense  in removing derelict                                                               
vessels.                                                                                                                        
                                                                                                                                
SENATOR HUGHES said she would like to reassure her community.                                                                   
                                                                                                                                
CHAIR GIESSEL found  no further questions for  the bill's sponsor                                                               
and held SB 92 in committee.                                                                                                    

Document Name Date/Time Subjects
Agenda - 3 - 27 - 17.pdf SRES 3/27/2017 3:30:00 PM
1. Board of Game Fact Sheet.pdf SRES 3/27/2017 3:30:00 PM
Board of Game
RES Hoffman - Game, Board of.pdf SRES 3/27/2017 3:30:00 PM
Board of Game
Alaska Gasline Development Corporation Fact Sheet.pdf SRES 3/27/2017 3:30:00 PM
Alaska Gasline Development Corporation
Alaska Gasline Development Corporation Board - Resume - Christian - 3 - 23 - 17.pdf SRES 3/27/2017 3:30:00 PM
Alaska Gasline Development Corporation
Alaska Gasline Development Corporation Board - Resume - Short - 3 - 23 - 17.pdf SRES 3/27/2017 3:30:00 PM
Alaska Gasline Development Corporation
Alaska Gasline Development Corporation Board - Resume - Wight - 3 - 23 - 17.pdf SRES 3/27/2017 3:30:00 PM
Alaska Gasline Development Corporation
SB92 Ver. D.PDF SRES 3/27/2017 3:30:00 PM
SB 92
SB92 Sponsor Statement .pdf SRES 3/27/2017 3:30:00 PM
SB 92
SB92 Sectional Analysis.pdf SRES 3/27/2017 3:30:00 PM
SB 92
SB92 Support Document-AML Resolution.PDF SRES 3/27/2017 3:30:00 PM
SB 92
AGDC Board - Support for Christian - Doyon Ltd - 3 - 24 - 17.pdf SRES 3/27/2017 3:30:00 PM
Alaska Gasline Development Corporation
SB92 Support Document-AAHPA Resolution 9.28.2016.pdf SRES 3/27/2017 3:30:00 PM
SB 92
SB92 Support Document-City of Ketchikan Resolution 11.10.2016.pdf SRES 3/27/2017 3:30:00 PM
SB 92
SB92 Support Document-City of Seward Resolution 11.21.2016.pdf SRES 3/27/2017 3:30:00 PM
SB 92
SB92 Presentation by Rachel Lord.pdf SRES 3/27/2017 3:30:00 PM
SB 92
SB92 Comment-Murgas.pdf SRES 3/27/2017 3:30:00 PM
SB 92
SB92 Comment-Murgas Image.pdf SRES 3/27/2017 3:30:00 PM
SB 92