Legislature(2009 - 2010)BELTZ 211

03/24/2009 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 126 REEMPLOYMENT OF RETIREES; EXEMPT SERVICE TELECONFERENCED
Heard & Held
+ SB 129 RESIDENTIAL SPRINKLER SYSTEMS TELECONFERENCED
Moved SB 129 Out of Committee
HJR 19 OIL TANKER ESCORT VESSELS/OIL SPILL ANNIV
Moved HJR 19 Out of Committee
Bills Previously Heard/Scheduled
= SB 23 REPEAL DEFINED CONTRIB RETIREMENT PLANS
Moved CSSB 23(L&C) Out of Committee
        HJR 19-OIL TANKER ESCORT VESSELS/OIL SPILL ANNIV                                                                    
                                                                                                                              
10:45:30 AM                                                                                                                   
CHAIR MENARD announced the consideration of HJR 19.                                                                             
                                                                                                                                
ERIN HARRINGTON,  Staff, to Representative Alan  Austerman, Alaska                                                              
State Legislature,  sponsor, said today is the  anniversary of the                                                              
Exxon Valdez  oil spill.  There are many  people around  the state                                                              
who are  keenly interested in HJR  19, which recognizes  the spill                                                              
and supports  the continued  practice of  accompanying each  laden                                                              
oil tanker in  Prince William Sound with a two-vessel  escort. The                                                              
Exxon Valdez  ran aground  on Bligh  Reef 20  years ago  today and                                                              
spilled nearly  11 million  gallons of crude  oil. It  oiled 1,300                                                              
miles of coastline,  reaching as far away as Chignik  which is 700                                                              
miles away. The  death toll included 250,000 sea  birds, 2,800 sea                                                              
otters,  300  harbor seals,  250  bald  eagles,  up to  22  killer                                                              
whales, billions  of salmon and herring eggs,  and many intertidal                                                              
plants and  animals. Many species  are still recovering  today. In                                                              
1990 Congress  passed the  Oil Spill  Prevention Act (OPA-90).  It                                                              
addresses   preventing,  responding   to,  and   paying  for   oil                                                              
pollution. One outcome  was that laden tankers with  a single hull                                                              
had to be escorted by two vessels.                                                                                              
                                                                                                                                
10:48:38 AM                                                                                                                   
MS. HARRINGTON  said that is  not a panacea,  and the  Coast Guard                                                              
studied  what would  have happened  if the Exxon  Valdez had  been                                                              
double-hulled. It  concluded that there  would have still  been at                                                              
least   a   4-million-gallon   spill,  which   would   have   been                                                              
catastrophic  as well.  Alaska also  passed legislation  following                                                              
the spill,  so shippers  now must  have oil  spill prevention  and                                                              
contingency  plans --  an exhaustive  process  for preventing  and                                                              
responding to  an oil spill. These  plans are not set  in statute,                                                              
but the  current plan requires a  two-vessel escort for  all laden                                                              
tankers  in Prince  William Sound,  single or  double hulled.  The                                                              
plans are  reviewed every five years,  and they can be  amended by                                                              
the  Department   of  Environmental   Conservation  but   are  not                                                              
outlined in  law. She provided  a photo  of a two-tug  escort. One                                                              
tug is  tethered to the  ship. Without it  the tanker can  take up                                                              
to two miles to stop in an emergency.                                                                                           
                                                                                                                                
10:51:16 AM                                                                                                                   
SENATOR KOOKESH asked  if OPA-90 will be amended  to eliminate the                                                              
escorts.                                                                                                                        
                                                                                                                                
MS.  HARRINGTON said  OPA-90 only  requires single-hulled  tankers                                                              
to have  escorts. The  last of the  single-hulled tankers  will be                                                              
gone from Prince  William Sound by 2012 or earlier.  So there will                                                              
no  longer be  any federal  requirement for  the two-tug  escorts.                                                              
She noted  editorials in Alaska  papers, and there is  interest in                                                              
pursuing legislation  that would require the escort  regardless of                                                              
the hulls.                                                                                                                      
                                                                                                                                
SENATOR  KOOKESH  asked  if  this  resolution  will  just  send  a                                                              
message to Congress to continue the two-tug escorts.                                                                            
                                                                                                                                
MS. HARRINGTON said yes.                                                                                                        
                                                                                                                                
10:53:22 AM                                                                                                                   
DOROTHY  MOORE, Council  Member,  City of  Valdez, said  she is  a                                                              
former history  teacher and  a life-long  resident of  Valdez. She                                                              
is on  the city council  and is its  representative to  the Prince                                                              
William  Sound  Regional  Citizen's Advisory  Council.  She  urged                                                              
passage of  HJR 19. "We have  20 years of experience  that worked.                                                              
I don't  think  we need  to fix  something that  isn't broken.  We                                                              
need to learn  from the past  to protect Prince William  Sound for                                                              
all of Alaska."                                                                                                                 
                                                                                                                                
TOM  KUCKERTZ,  Project  Manager, Prince  William  Sound  Regional                                                              
Citizen's  Advisory  Council, Valdez,  said  there  are 18  member                                                              
entities   on   the   council.   Its   mission   is   to   promote                                                              
environmentally  safe  transportation  of  oil  from  the  Alyeska                                                              
terminal. The  system in place  has done  very well over  the past                                                              
20 years.  "We think  that two  tugs are  very important,"  and on                                                              
behalf of the council, he urged passage of HJR 19.                                                                              
                                                                                                                                
CHAIR MENARD asked if anyone is opposing the bill.                                                                              
                                                                                                                                
MR. KUCKERTZ said  he knows of no opposition, but  the Coast Guard                                                              
would like to do  a risk assessment. His group  believes that that                                                              
is not  needed because risk assessments  tend to be  biased toward                                                              
those who are  paying for them,  "but it can be worse  than that."                                                              
The  risk  is   determined  by  multiplying  the   probability  of                                                              
something happening  by the  consequences --  a very small  number                                                              
by a large  number. The small number  is the one big  accident out                                                              
of the 15,000 tanker  trips. So the probability of  an accident is                                                              
determined to  be 1 in 15,000. "The  folks that want to  do a risk                                                              
assessment will  tell you that  we don't  want to use  that number                                                              
because it is too  large - we want to use one in  a million. Well,                                                              
we know it's not one in a million."                                                                                             
                                                                                                                                
10:57:16 AM                                                                                                                   
SENATOR  KOOKESH said  a lot  of money  has been  spent since  the                                                              
spill to  build double-hulled  tankers. What  was that  purpose of                                                              
that if we will  continue to use two tugs? Who  pays for the tugs?                                                              
"I'm  all for  safety but  I'm really  thinking  that we've  maybe                                                              
crossed  that threshold  a little  bit of  a ways  back by  saying                                                              
everybody's  required  now  to build  double-hulled  tankers.  I'm                                                              
sure that's a huge expense to somebody."                                                                                        
                                                                                                                                
MR.  KUCKERTZ said  both  tugs are  paid  by  industry. There  has                                                              
always been  a single-tug escort.  There can be a  long discussion                                                              
regarding  the  merits  and  deficiencies  of  double  hulls.  The                                                              
double  hulls  lessen  the  release   of  oil  with  a  low-energy                                                              
grounding,  such as  the side-swiping  of  a bridge  by the  Cosco                                                              
Busan [in  San Francisco  Bay in  2007], and  chances are  that it                                                              
would not have leaked  if it were double hulled.  In a high energy                                                              
grounding,  such as the  Exxon Valdez,  double hulls could  reduce                                                              
the leak  by 60  to 40 percent.  "But we  haven't really  done the                                                              
experiment." Half  of the bottom  ripped out of the  Exxon Valdez,                                                              
and a  double hull might  not have done  that much  better. Double                                                              
hulls   ride  higher   in  the   water,  so   the  oil  is   under                                                              
gravitational force to leak more.                                                                                               
                                                                                                                                
10:59:39 AM                                                                                                                   
SENATOR PASKVAN  surmised that this  is just a resolution  because                                                              
of a federal preemption under the commerce clause.                                                                              
                                                                                                                                
MR. KUCKERTZ  said he is an engineer  not a lawyer, but  he thinks                                                              
that is  the case.  He hopes  the resolution  will help  make sure                                                              
Alaska's resources are protected.                                                                                               
                                                                                                                                
JOHN VALSCO, Homer  Representative, Prince William  Sound Regional                                                              
Citizen's Advisory  Council, said  HJR 19 is  not against  the oil                                                              
industry.  He has  seen how  oil  tax dollars  have built  Homer's                                                              
infrastructures.  He worked on the  construction of  the pipeline,                                                              
and now he  and his son both  fish commercially. The  oil industry                                                              
has to  share Alaska waters  with other users.  HJR 19 is  a first                                                              
step in codifying using two tugs in Prince William Sound.                                                                       
                                                                                                                                
11:02:13 AM                                                                                                                   
JERRY  MCCUNE, United  Fisherman of  Alaska, said  he is also  the                                                              
president  of  Cordova  District   Fishermen  United.  The  groups                                                              
support this resolution.  Prevention is the key.  Two escorts make                                                              
everybody happy  and give them the  peace of mind that  the tanker                                                              
can be moved or towed.                                                                                                          
                                                                                                                                
SENATOR  KOOKESH asked  the additional  cost of  the tug and  what                                                              
the industry's position is.                                                                                                     
                                                                                                                                
MR.  MCCUNE said  he can't  speak for  the oil  industry, but  the                                                              
resolution says they are neutral.                                                                                               
                                                                                                                                
11:03:39 AM                                                                                                                   
SENATOR  PASKVAN  moved  to  report HJR  19  from  committee  with                                                              
individual  recommendations  and  attached fiscal  note(s).  There                                                              
being no objection, HJR 19 moved out of committee.                                                                              

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