Legislature(2013 - 2014)BARNES 124

03/14/2013 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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08:07:29 AM Start
08:08:51 AM HB131
08:56:56 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 131 ABANDONED AND DERELICT VESSELS TELECONFERENCED
Moved Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                         March 14, 2013                                                                                         
                           8:07 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gabrielle LeDoux, Co-Chair                                                                                       
Representative Benjamin Nageak, Co-Chair                                                                                        
Representative Bob Herron                                                                                                       
Representative Lora Reinbold                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Neal Foster                                                                                                      
Representative Kurt Olson                                                                                                       
Representative Harriet Drummond                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 131                                                                                                              
"An Act relating to abandoned and derelict vessels."                                                                            
                                                                                                                                
     - MOVED HB 131 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 131                                                                                                                  
SHORT TITLE: ABANDONED AND DERELICT VESSELS                                                                                     
SPONSOR(s): REPRESENTATIVE(s) SEATON                                                                                            
                                                                                                                                
02/20/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/20/13       (H)       CRA, TRA                                                                                               
03/14/13       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE SEATON                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the sponsor of HB 131.                                                                          
                                                                                                                                
MICHAEL LUKSHIN, Statewide Ports and Harbors Engineer                                                                           
Division of Statewide Design and Engineering Services                                                                           
Department of Transportation & Public Facilities                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 131.                                                                          
                                                                                                                                
WYN MENEFEE, Chief of Operations                                                                                                
Division of Mining, Land and Water                                                                                              
Department of Natural Resources                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Regarding HB 131, testified that it's good                                                               
to have the extra authority.                                                                                                    
                                                                                                                                
JOY BAKER, Harbormaster                                                                                                         
Port of Nome                                                                                                                    
City of Nome                                                                                                                    
Nome, Alaska                                                                                                                    
POSITION STATEMENT:  Testified in support of HB 131.                                                                          
                                                                                                                                
STEVE CORPORON, Director                                                                                                        
Ketchikan Port and Harbors                                                                                                      
City of Ketchikan;                                                                                                              
President, Alaska Association of Harbormasters and Port                                                                         
Administrators                                                                                                                  
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 131.                                                                                     
                                                                                                                                
RACHEL LORD, Coordinator                                                                                                        
Alaska Clean Harbors Program;                                                                                                   
Outreach & Monitoring Coordinator, Cook Inletkeeper                                                                             
Homer, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 131.                                                                          
                                                                                                                                
BRYAN HAWKINS, Director/Harbormaster                                                                                            
City of Homer                                                                                                                   
Homer, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 131.                                                                          
                                                                                                                                
CARL UCHYTIL, Vice President                                                                                                    
Alaska Association of Harbormasters and Port Administrators                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 131.                                                                          
                                                                                                                                
LARRY DIETRICK                                                                                                                  
Spill Prevention and Response                                                                                                   
Department of Environmental Conservation (DEC)                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During hearing of HB 131, answered                                                                       
questions.                                                                                                                      
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:07:29 AM                                                                                                                    
                                                                                                                                
CO-CHAIR BENJAMIN NAGEAK called  the House Community and Regional                                                             
Affairs  Standing  Committee  meeting   to  order  at  8:07  a.m.                                                               
Representatives Herron,  Olson, LeDoux,  and Nageak  were present                                                               
at the  call to  order.  Representative  Reinbold arrived  as the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
             HB 131-ABANDONED AND DERELICT VESSELS                                                                          
                                                                                                                                
8:08:51 AM                                                                                                                    
                                                                                                                                
CO-CHAIR NAGEAK announced  that the only order  of business would                                                               
be  HOUSE  BILL  NO.  131,  "An Act  relating  to  abandoned  and                                                               
derelict vessels."                                                                                                              
                                                                                                                                
8:09:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON, Alaska State  Legislature, speaking as the                                                               
sponsor, explained that HB 131  addresses derelict vessels, which                                                               
has long been  a problem in the state.   The problem has recently                                                               
come to the  forefront due to sinking vessels in  Jakolof Bay and                                                               
a costly  response to remove  derelict vessels anchored  in state                                                               
waters.  The legislation is  primarily based on language provided                                                               
by   the   Alaska   Association   of   Harbormasters   and   Port                                                               
Administrators, which  has been  working for  some time  to solve                                                               
this problem.  Derelict vessels  are a costly and growing problem                                                               
across the  state that has  been accentuated by  consolidation of                                                               
fisheries  in the  1990s, which  resulted in  some of  the larger                                                               
vessels that could  no longer participate in  the fisheries aging                                                               
in the  harbors, being  sold to  individuals with  less financial                                                               
ability, and used as house boats.   There have also been a lot of                                                               
smaller  vessels  that  have  been   abandoned.    Those  vessels                                                               
abandoned in harbors take up  moorage space and ultimately become                                                               
a problem  for the  municipality.  For  example, it  took several                                                               
years to get through all the  paperwork to address a large vessel                                                               
that  sank in  Cordova Harbor.    Furthermore, once  a vessel  is                                                               
abandoned, there is no  entity to pay for it.   He then turned to                                                               
the  situation in  Jakolof Bay  in which  vessels were  [evicted]                                                               
from a harbor and turned down  for entrance into the Homer harbor                                                               
due to  the condition  of the vessels.   Ultimately,  the vessels                                                               
were anchored in state waters  where they sank during the winter.                                                               
Due to leaking fuel, the U.S.  Coast Guard launched a response to                                                               
raise the  vessels at  a cost  of $25  million.   As soon  as the                                                               
vessels were raised they became  the concern of the Department of                                                               
Transportation &  Public Facilities (DOT&PF).   He explained that                                                               
although most harbors,  which were originally owned  by the state                                                               
and operated by DOT&PF, have  been transferred to municipalities.                                                               
The authority for dealing with  those vessels remains with DOT&PF                                                               
while the  Department of Natural  Resources (DNR)  is responsible                                                               
for  those vessels  that sink  within  the three  miles of  state                                                               
waters.   Therefore, transfer of  authority between  agencies has                                                               
been  problematic.   This legislation  allows for  a multi-agency                                                               
approach to  address abandoned and derelict  vessels and replaces                                                               
the   department  with   a  state   agency,   which  includes   a                                                               
municipality.     Representative   Seaton   specified  that   the                                                               
abandoned and derelict vessel statute  is a framework for dealing                                                               
with such vessels and clearly  lays out the procedures that state                                                               
agencies and municipalities can  utilize to address abandoned and                                                               
derelict vessels.                                                                                                               
                                                                                                                                
8:14:16 AM                                                                                                                    
                                                                                                                                
CO-CHAIR   LEDOUX   surmised   that   HB   131   basically   adds                                                               
municipalities as a place one can't abandon vessels.                                                                            
                                                                                                                                
REPRESENTATIVE  SEATON acknowledged  that  is one  of the  things                                                               
HB 131 does.   The legislation also specifies that  a vessel that                                                               
has been turned  down from entrance into a harbor  because of its                                                               
derelict condition  can't be stored  in state waters for  over 14                                                               
days  without  removing the  hazardous  waste  and bulk  fuel  on                                                               
board.   The  latter  condition  of HB  131  avoids an  emergency                                                               
response  and all  it  entails, such  as was  the  case with  the                                                               
Jakolof Bay  incident.  In  further response to  Co-Chair LeDoux,                                                               
Representative  Seaton said  that although  the federal  maritime                                                               
law exists, the  harbormasters don't believe that  just because a                                                               
vessel is  documented that it  limits their authority.   Although                                                               
current  statute   specifies  that  DOT&PF  has   authority  over                                                               
derelict vessels in  state waters, DNR has  the responsibility to                                                               
maintain state waters  and lands.  Therefore, one  agency has the                                                               
responsibility and another agency has  the authority to deal with                                                               
the  situation.    Currently,  there is  no  clear  authority  to                                                               
address abandoned/derelict  vessels within a municipality  and it                                                               
is left  to DOT&PF.   This legislation  clarifies that  those who                                                               
have the  responsibility also have  the authority to  address the                                                               
problem.                                                                                                                        
                                                                                                                                
8:17:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  asked  if   there  was  consideration  of                                                               
expanding  [the  authority  to  address  abandoned  and  derelict                                                               
vessels] to include political subdivisions with side boards.                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   clarified  that   HB  131   expands  the                                                               
authority to  municipalities, police officers, or  state agencies                                                               
and therefore it covers subdivisions of state agencies as well.                                                                 
                                                                                                                                
REPRESENTATIVE HERRON  then inquired  as to  why it's  limited to                                                               
state  agencies  and  municipalities and  doesn't  include  other                                                               
political subdivisions  that want to  take on the disposal  of an                                                               
abandoned/derelict vessel.                                                                                                      
                                                                                                                                
REPRESENTATIVE  SEATON  pointed out  that  a  peace officer,  for                                                               
which  there is  a  fairly  broad definition,  is  included.   He                                                               
related  that  he  hasn't  been  contacted  by  any  other  local                                                               
authority with  control over  a harbor  that couldn't  employee a                                                               
police officer or a state agency to have the authority.                                                                         
                                                                                                                                
8:20:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  inquired as  to what  entity pays  for the                                                               
removal of any derelict vessel that isn't hazardous.                                                                            
                                                                                                                                
REPRESENTATIVE SEATON  highlighted that  HB 131 deals  with state                                                               
lands and  waters.  Private  land owners have  separate authority                                                               
to deal  with their property  and waters.  The  municipal section                                                               
does include a  provision for disposal of a  derelict vessel with                                                               
an  appraisal less  than  $100 such  that there  only  has to  be                                                               
notice to the last  owner of record or if there  is no known last                                                               
owner  of record,  notice in  the paper.   Representative  Seaton                                                               
noted  that  no fund  is  created  to address  abandoned/derelict                                                               
vessels, rather authority is being  provided to the agencies with                                                               
the responsibility.                                                                                                             
                                                                                                                                
8:22:16 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX asked whether there  are any communities that may                                                               
not fall under  the definition of municipality,  but are entitled                                                               
to revenue  sharing funds and would  want to have the  ability to                                                               
address abandoned vessels.                                                                                                      
                                                                                                                                
REPRESENTATIVE   SEATON  said   he  hasn't   been  contacted   by                                                               
anyone/entity  with  a  harbor  that  isn't  private  land.    He                                                               
indicated that villages with village  land have the authority and                                                               
ability to address [abandoned/derelict  vessels] on private land.                                                               
This  legislation deals  with  state waters  and  allows a  peace                                                               
officer, which has a broad definition, to address this issue.                                                                   
                                                                                                                                
8:24:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON then paraphrased from the sectional                                                                       
analysis, which read [original punctuation provided]:                                                                           
                                                                                                                                
     Section 1. AS 30.30.010(a)                                                                                                 
     A person may not store  a derelict vessel, or abandon a                                                                    
     vessel in:                                                                                                                 
     • The waters of the state                                                                                                  
     • A state or municipal port                                                                                                
     • Private property without consent                                                                                         
                                                                                                                                
     Sec. 2. AS 30.30.010(b)                                                                                                    
     A hazardous  derelict vessel may be  removed from state                                                                    
     waters by:                                                                                                                 
     • A state agency                                                                                                           
     • A municipality                                                                                                           
     • A peace officer                                                                                                          
                                                                                                                                
     Sec. 3. AS 30.30.010(e)                                                                                                    
     If a vessel is denied entrance  to a harbor, all of the                                                                    
     following  materials  must  be  removed  before  it  is                                                                    
     stored  in state  waters for  more than  14 consecutive                                                                    
     days:                                                                                                                      
     • Hazardous materials                                                                                                      
     • Petroleum products                                                                                                       
                                                                                                                                
     Sec. 4. AS 30.30.020                                                                                                       
     A vessel left unattended  for more than  30 consecutive                                                                    
     days on  state or private property  without consent may                                                                    
     be removed and disposed of by:                                                                                             
     • A state agency                                                                                                           
     • A municipality                                                                                                           
     • A peace officer                                                                                                          
                                                                                                                                
     Sec. 5. AS 30.30.030                                                                                                       
     Outside of  organized municipalities,  a vessel  may be                                                                    
     left unattended  for more than  30 consecutive  days if                                                                    
     it is considered an accepted local practice.                                                                               
                                                                                                                                
     Sec. 6. AS 30.30.040                                                                                                       
     Upon taking  a vessel  into custody,  the municipality,                                                                    
     or state  agency must attempt  to notify the  owners on                                                                    
     record of  their custody 20 days  prior to repossession                                                                    
     of the vessel.                                                                                                             
                                                                                                                                
     Sec. 7. AS 30.30.060                                                                                                       
     A  person or  interested party  may take  possession of                                                                    
     the boat  before the  public auction  date if  they pay                                                                    
     all the fees associated with the vessel.                                                                                   
                                                                                                                                
     If they  are not the  registered owner, they  must post                                                                    
     adequate security.                                                                                                         
                                                                                                                                
     Sec. 8. AS 30.30.070                                                                                                       
     A  public  auction  for a  repossessed  vessel  is  not                                                                    
     needed  if it  is  appraised at  less  than $100.  Upon                                                                    
     determination  that the  value  of the  vessel is  less                                                                    
     than $100  and following  advertisement in  a newspaper                                                                    
     of   general   circulation    the   state   agency   or                                                                    
     municipality  may  sell   the  vessel  by  negotiation,                                                                    
     dispose of it, or donate it to a government agency.                                                                        
                                                                                                                                
     Sec. 9. AS 30.30.080                                                                                                       
     A  bill of  sale is  required for  any transfers  under                                                                    
     this legislation.                                                                                                          
                                                                                                                                
8:28:50 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX related her understanding that a documented                                                                     
vessel required a federal document other than a bill of sale.                                                                   
                                                                                                                                
REPRESENTATIVE SEATON clarified that it's a marine bill of sale                                                                 
for a federal documented vessel.                                                                                                
                                                                                                                                
8:29:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON continued paraphrasing from the sectional                                                                 
analysis, which read [original punctuation provided]:                                                                           
                                                                                                                                
     Sec. 10. AS 30.30.090                                                                                                      
     A  vessel   is  considered  derelict  if   it  is  left                                                                    
     unattended   for  24   consecutive   hours  under   the                                                                    
     following conditions:                                                                                                      
     • Is  sunk, sinking,  or posing a  threat, or  has been                                                                    
     moored or  left in  the waters  of the  state illegally                                                                    
     with no  current registration and  the owner  cannot be                                                                    
     determined.                                                                                                                
                                                                                                                                
     Sec. 11. AS 30.30.100(a)                                                                                                   
     When  a municipality,  state agency,  or peace  officer                                                                    
     takes possession of a derelict, they must:                                                                                 
     • Publish notice of intended disposition                                                                                   
     • Post notice of intended disposition                                                                                      
     • Serve the registered owners, if known, and                                                                               
     financiers with the notice                                                                                                 
                                                                                                                                
     Sec. 12. AS 30.30.120                                                                                                      
     A vessel  at a repair business  is considered abandoned                                                                    
     if the following conditions have been met:                                                                                 
     • The vessel has been  towed and requested repairs have                                                                    
     been preformed                                                                                                             
     • No authorization for further service is given                                                                            
     • The  state agency or  municipality and the  owner are                                                                    
     notified                                                                                                                   
     • The vessel is not claimed 30 days after the notice                                                                       
                                                                                                                                
     Sec. 13. AS 30.30.170                                                                                                      
     Definitions:                                                                                                               
     • Municipality - as currently defined                                                                                      
     • State Agency - executive branch department or agency                                                                     
     • Vessel  - water transportation  device that is  not a                                                                    
     float plane                                                                                                                
     • Waters of  the state - navigable  waters within three                                                                    
     mile limit                                                                                                                 
                                                                                                                                
     Sec. 14. AS 30.30.160                                                                                                      
     Repeal  of  specific  DOT&PF  regulation  authority  to                                                                    
     implement the abandoned and  derelict vessel statute as                                                                    
     the  bill  broadens  the authority  for  abandoned  and                                                                    
     derelict vessels to include the other state agencies.                                                                      
                                                                                                                                
8:32:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  thanked  the  sponsor  for  introducing                                                               
HB 131 as it's important legislation.                                                                                           
                                                                                                                                
8:32:59 AM                                                                                                                    
                                                                                                                                
CO-CHAIR NAGEAK opened public testimony for HB 131.                                                                             
                                                                                                                                
8:33:06 AM                                                                                                                    
                                                                                                                                
MICHAEL LUKSHIN,  Statewide Ports and Harbors  Engineer, Division                                                               
of  Statewide  Design  and Engineering  Services,  Department  of                                                               
Transportation &  Public Facilities, related support  for HB 131.                                                               
He  explained that  existing statute,  AS 30.30,  was created  in                                                               
1975 when  the Department of  Public Works built harbors  for the                                                               
state.   At one point, 100  harbors were owned by  the Department                                                               
of Public Works.  In 1980,  the Department of Public Works merged                                                               
with  the Department  of  Public Highways  to  form and  transfer                                                               
authorities to DOT&PF.  Since the  1980s DOT&PF has been asked to                                                               
divest  and  transfer  as  many  harbors  as  possible  to  local                                                               
control.  At  this point, about 76 harbors  have been transferred                                                               
to municipalities  under AS 35.10.120,  which allows  transfer of                                                               
harbors only  to municipalities.   The aforementioned may  be why                                                               
AS 30.30 was  originally crafted to only  [provide oversight from                                                               
DOT&PF].    Therefore,  passage  of  HB  131  would  broaden  the                                                               
authority  that is  currently limited  to  DOT&PF, which  doesn't                                                               
have  funds or  personnel to  respond to  derelict and  abandoned                                                               
vessels.   With  Alaska's 33,000  miles of  coastline, it's  very                                                               
challenging for  those public waters  and harbors that may  be in                                                               
local control.                                                                                                                  
                                                                                                                                
8:36:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD asked whether there  is any plan to clean                                                               
up  the  debris from  the  disaster  in  Japan that  is  reaching                                                               
Alaska's coastline.                                                                                                             
                                                                                                                                
MR.  LUKSHIN replied  no,  but added  that  National Oceanic  and                                                               
Atmospheric Administration  (NOAA) has a federal  program through                                                               
its marine debris removal plan that may allow them to respond.                                                                  
                                                                                                                                
8:37:13 AM                                                                                                                    
                                                                                                                                
WYN MENEFEE,  Chief of Operations,  Division of Mining,  Land and                                                               
Water, Department of Natural Resources,  opined that the proposal                                                               
in HB  131 to broaden  the authority to  allow DNR and  others to                                                               
utilize it when  necessary is good.  As the  sponsor related, the                                                               
legislation doesn't  mandate the removal  of vessels or  create a                                                               
fund  for doing  so, rather  it merely  provides another  tool to                                                               
address  abandoned  and  derelict  vessels on  state  land.    In                                                               
response to  Co-Chair Nageak, Mr.  Menefee confirmed that  HB 131                                                               
doesn't cause [DNR]  any concern as it  merely provides authority                                                               
that it  doesn't currently  have.  For  instance, in  the Jakolof                                                               
Bay situation DNR  had to obtain delegated  authority from DOT&PF                                                               
to  deal with  the two  vessels that  sank in  Jakolof Bay.   The                                                               
department  is still  dealing with  that issue  as it  deals with                                                               
disposal of the vessels.                                                                                                        
                                                                                                                                
8:39:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  whether  there are  any plans  or                                                               
need of  authority to address  the debris from Japan  on Alaska's                                                               
coastline.                                                                                                                      
                                                                                                                                
MR.  MENEFEE   related  that  the  Department   of  Environmental                                                               
Conservation (DEC)  is the lead  on the cleanup efforts  with the                                                               
state.  However, DNR  is also part of the work  task force and is                                                               
working with NOAA.  There is  an increase in the amount of debris                                                               
on  state lands  as  well  as others.    Japan  gave the  federal                                                               
government a certain  amount of funding, which NOAA  is trying to                                                               
apply to this issue.   The first thing NOAA did  was to map where                                                               
the debris comes ashore.   Most  of the cleanup is, rather than a                                                               
matter of funding,  a matter of coordination  with various groups                                                               
that are cleaning up specific  beaches and ensuring they have the                                                               
necessary  authorizations for  things such  as the  use of  heavy                                                               
equipment on  the beaches.  Mr.  Menefee said that one  has to be                                                               
cognizant of  the fact that  it isn't  possible to clean  all the                                                               
beaches, and therefore it's a matter of prioritization of sites.                                                                
                                                                                                                                
8:41:51 AM                                                                                                                    
                                                                                                                                
JOY  BAKER, Harbormaster,  Port of  Nome, City  of Nome,  related                                                               
that although  the Port  of Nome hasn't  been transferred  to the                                                               
municipality, it  is supportive of HB  131 as it has  had to deal                                                               
with many abandoned/derelict vessels.   She mentioned the expense                                                               
of disposal of abandoned/derelict vessels.                                                                                      
                                                                                                                                
8:43:42 AM                                                                                                                    
                                                                                                                                
STEVE  CORPORON, Director,  Ketchikan Port  and Harbors,  City of                                                               
Ketchikan;  President, Alaska  Association  of Harbormasters  and                                                               
Port Administrators,  began by informing  the committee  that the                                                               
City  of Ketchikan  has taken  authority over  its harbors.   The                                                               
city code  provides impound authority and  control over abandoned                                                               
and derelict vessels, the issue  is that authority doesn't extend                                                               
very far from  the harbor.  Therefore, the  derelict vessels tend                                                               
to run  away from the  city and move  into the borough  and state                                                               
waters where  they become an  issue.  The  key is to  provide the                                                               
authority to the  other areas in order that they  can take action                                                               
prior   to  any   vessel  sinking   because  the   financial  and                                                               
environmental impacts are  higher once they sink.   These vessels                                                               
are much easier to deal with when they are floating.                                                                            
                                                                                                                                
8:45:51 AM                                                                                                                    
                                                                                                                                
RACHEL LORD, Coordinator, Alaska  Clean Harbors Program; Outreach                                                               
& Monitoring  Coordinator, Cook  Inletkeeper, explained  that the                                                               
Alaska  Clean Harbors  Program is  a voluntary  statewide program                                                               
that works with harbormasters to  improve resources and tools for                                                               
waste  management,  pollution  prevention, and  customer  service                                                               
activities.   She related support  from the Alaska  Clean Harbors                                                               
Program for HB  131, which she characterized as a  strong step to                                                               
improve  the  ability of  municipalities  and  state agencies  to                                                               
effectively deal  with the  abandoned/derelict vessels  along the                                                               
state's  vast coastline.   Many  coastal municipalities  lack the                                                               
legal framework  within their codes  to navigate maritime  law to                                                               
effectively deal  with these vessels.   She encouraged  Alaska to                                                               
look to Washington  State on this issue as it  has spent millions                                                               
dealing  with abandoned/derelict  vessels on  its coast.   Alaska                                                               
has  enjoyed  a  relatively  young   fleet  of  actively  working                                                               
vessels, but  increasingly this isn't  the case as the  fleet has                                                               
aged.  In the not so  distant future, she predicted more derelict                                                               
vessels in  Alaska in  the state's municipal  harbors as  well as                                                               
the  state's  coastline.   In  conclusion,  Ms.  Lord  reiterated                                                               
Alaska Clean Harbors Program's support for HB 131.                                                                              
                                                                                                                                
8:47:35 AM                                                                                                                    
                                                                                                                                
BRYAN  HAWKINS, Director/Harbormaster,  City of  Homer, began  by                                                               
relating support  for HB  131, which he  characterized as  a good                                                               
step  forward.    This  legislation,   he  opined,  enables  good                                                               
communication  between the  state and  cities.   One  of the  key                                                               
components of  addressing this issue  is recognizing  the problem                                                               
early and  having the authority  to act on  it before there  is a                                                               
major  incident.   Referring to  earlier  questions, Mr.  Hawkins                                                               
informed the committee that as  the City of Homer harbormaster he                                                               
has police powers in [the city]  code, which is the case for many                                                               
other harbormasters as well.                                                                                                    
                                                                                                                                
8:49:28 AM                                                                                                                    
                                                                                                                                
CARL   UCHYTIL,    Vice   President,   Alaska    Association   of                                                               
Harbormasters  and  Port  Administrators, began  by  noting  that                                                               
although he  is the  port director  for the  City and  Borough of                                                               
Juneau,  he is  testifying  today  in his  capacity  as the  vice                                                               
president  of the  Alaska Association  of Harbormasters  and Port                                                               
Administrators.  He provided the following testimony:                                                                           
                                                                                                                                
     The  Alaska  Association   of  Harbormasters  and  Port                                                                    
     Administrators  (AAHPA)   in  our   resolution  2012-02                                                                    
     strongly  urges  support  of the  proposed  changes  to                                                                    
     chapter  30.30  for  abandoned  and  derelict  vessels.                                                                    
     AAHPA  believes  delegation  of authority  under  state                                                                    
     statutes  to  local municipalities  is  a  step in  the                                                                    
     right direction  in turning the  tide of  abandoned and                                                                    
     derelict  vessels  in  the state.    The  condition  of                                                                    
     vessels  operating in  the state  waters  of Alaska  is                                                                    
     diverse,  from modern  yachts  and well-maintained  80-                                                                    
     year-old   wooden  trawlers   to  relatively   new  but                                                                    
     decrepit live aboards to turn  of the century abandoned                                                                    
     tug  boats;  we see  them  all.   The  harbormaster  is                                                                    
     consistently looking for tools  to help best manage his                                                                    
     harbor  facility  while  keeping   a  vigilant  eye  on                                                                    
     vessels [that] encroach on tidelands  which they may or                                                                    
     may  not have  authority to  act upon.   This  proposed                                                                    
     authority   is   necessary    throughout   the   state,                                                                    
     especially  in  smaller  coastal  communities  and  ...                                                                    
     communities  up the  Yukon and  Kuskokwim Rivers  where                                                                    
     legal enforcement  resources are not  readily available                                                                    
     to deal  with the liabilities and  hazards of abandoned                                                                    
     and derelict  vessels.  The construction  and operation                                                                    
     of harbors  by the Alaska Department  of Transportation                                                                    
     [& Public Facilities]  shortly after statehood resulted                                                                    
     in  regulations   which  empowered  only   [DOT&PF]  to                                                                    
     effectively deal  with troublesome vessels.   Expanding                                                                    
     the  language to  include not  only [DOT&PF]  but other                                                                    
     state agencies  and municipalities  would appear  to be                                                                    
     sound   legislation.     The  proposed   delegation  of                                                                    
     authority  to  the  local  municipality  will  help  to                                                                    
     refine the relationship  between state and city/borough                                                                    
     responsibilities  and  will  enable  harbormasters  and                                                                    
     communities  with limited  legal  resources or  limited                                                                    
     local ordinances to act  with confidence in prosecuting                                                                    
     derelict and  abandoned vessels.  The  modifications to                                                                    
     chapter  30.30  appear  to  have  in  place  sufficient                                                                    
     authority, which  encourages the state  or municipality                                                                    
     to act in  a timely manner and before the  vessel is in                                                                    
     extremus.  This is  important because the disposal cost                                                                    
     associated  with a  vessel that  is afloat  is a  small                                                                    
     fraction  of  what it  costs  once  a vessel  takes  on                                                                    
     water, is  submerged, or discharges  fuel or oil.   The                                                                    
     Alaska   Association   of    Harbormasters   and   Port                                                                    
     Administrators  thank  you  for your  consideration  of                                                                    
     this   important   issue    to   the   Alaska   coastal                                                                    
     communities.                                                                                                               
                                                                                                                                
8:53:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD inquired as to the plan for cleaning                                                                    
Alaska's shoreline from the debris from Japan's disaster.                                                                       
                                                                                                                                
8:53:42 AM                                                                                                                    
                                                                                                                                
LARRY DIETRICK, Spill Prevention and Response, Department of                                                                    
Environmental Conservation (DEC), explained that the governor                                                                   
issued an administrative  order that created a  work group within                                                               
state government to oversee the  cleanup.  As has been mentioned,                                                               
DEC  was  made the  lead  agency  per the  administrative  order.                                                               
Since  the  project  manager  for  that  project  is  in  another                                                               
division,  he  offered to  arrange  a  detailed briefing  if  the                                                               
committee so  desires.   He noted  that there is  quite a  bit of                                                               
activity going  on now, including  funding and  prioritization of                                                               
shorelines.                                                                                                                     
                                                                                                                                
8:54:41 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX remarked  that a presentation on that  would be a                                                               
good idea.                                                                                                                      
                                                                                                                                
8:54:54 AM                                                                                                                    
                                                                                                                                
MR.  DIETRICK offered  to  provide a  briefing  in the  committee                                                               
setting or individually, whichever is preferred.                                                                                
                                                                                                                                
8:55:13 AM                                                                                                                    
                                                                                                                                
CO-CHAIR NAGEAK closed public testimony.                                                                                        
                                                                                                                                
8:55:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON,  in closing, related appreciation  for the                                                               
hearing and for the committee's support of the legislation.                                                                     
                                                                                                                                
8:56:28 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX moved  to report  HB 131  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
8:56:56 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Community  and Regional  Affairs Standing  Committee meeting  was                                                               
adjourned at 8:56 a.m.                                                                                                          

Document Name Date/Time Subjects
HB0131A.pdf HCRA 3/14/2013 8:00:00 AM
HB 131
HB 131 Sponsor Statement.pdf HCRA 3/14/2013 8:00:00 AM
HB 131
HB 131 Sectional Analysis.pdf HCRA 3/14/2013 8:00:00 AM
HB 131
HB131-DEC-PERP-03-06-13.pdf HCRA 3/14/2013 8:00:00 AM
HB 131
HB131-DNR-MLW-3-8-13.pdf HCRA 3/14/2013 8:00:00 AM
HB 131
HB131-DOT-HPD-3-5-13.pdf HCRA 3/14/2013 8:00:00 AM
HB 131
HB 131 DNR Derelict Vessels Presentation.pdf HCRA 3/14/2013 8:00:00 AM
HB 131
HB 131 Derelict vessels - DNR information.pdf HCRA 3/14/2013 8:00:00 AM
HB 131
HB 131 USCG Abandoned and Derelict Vessel Removal.pdf HCRA 3/14/2013 8:00:00 AM
HB 131
HB 131 Washington State Derelict Vessel Program Brochure.pdf HCRA 3/14/2013 8:00:00 AM
HB 131
HB 131 Seattle Times article on Derelict vessel issue in Washington State.pdf HCRA 3/14/2013 8:00:00 AM
HB 131
HB 131 News articles on Derelict vessels in Alaska.pdf HCRA 3/14/2013 8:00:00 AM
HB 131
HB 131 AK Assoc. of Harbormasters & Port Admins. Resolution.pdf HCRA 3/14/2013 8:00:00 AM
HB 131 Letter of Support
HB 131 Support
HB 131 e-mail from Homer Harbormaster.pdf HCRA 3/14/2013 8:00:00 AM
HB 131