Legislature(1993 - 1994)

02/15/1993 08:00 AM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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               HOUSE RESOURCES STANDING COMMITTEE                              
                        February 15, 1993                                      
                            8:00 a.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Representative Bill Williams, Chairman                                       
  Representative Bill Hudson, Vice-Chairman                                    
  Representative Con Bunde                                                     
  Representative Pat Carney                                                    
  Representative Joe Green                                                     
  Representative Eldon Mulder                                                  
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Representative John Davies                                                   
  Representative David Finkelstein                                             
  Representative Jeannette James                                               
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HB 99     "An Act repealing the 65-day time limit for                        
            approval or disapproval of a proposed oil                          
            discharge contingency plan by the Department of                    
            Environmental Conservation; and providing for an                   
            effective date."                                                   
                                                                               
            MOVED OUT OF COMMITTEE WITH A DO PASS                              
            RECOMMENDATION                                                     
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Representative Joe Green                                                     
  State Capitol, Room 114                                                      
  Juneau, Alaska  99811-1182                                                   
  Phone:  465-4931                                                             
  Position Statement: Gave an overview of HB 99                                
                                                                               
  Janice Adair, Assistant Commissioner                                         
  Department of Environmental Conservation                                     
  410 Willoughby Ave., Suite 105                                               
  Juneau, Alaska  99801-1795                                                   
  Phone: 465-5010                                                              
  Position Statement: Supports HB 99                                           
                                                                               
  Michael Conway, Director                                                     
  Division of Spill Prevention and Response                                    
  Department of Environmental Conservation                                     
  410 Willoughby Ave., Suite 105                                               
  Juneau, Alaska  99801-1795                                                   
  Phone: 465-5250                                                              
  Position Statement: Commented on contingency plans                           
                                                                               
  Steve Porter                                                                 
  ARCO Alaska                                                                  
  700 G Street                                                                 
  Anchorage, Alaska  99501                                                     
  Phone:  265-6269                                                             
  Position Statement: Supports HB 99                                           
                                                                               
  Russell Heath                                                                
  Alaska Environmental Lobby                                                   
  P.O. Box 22151                                                               
  Juneau, Alaska  99802                                                        
  Phone:  586-1841                                                             
  Position Statement:  Supports HB 99                                          
                                                                               
  Beth Kerttula, Assistant Attorney General                                    
  Department of Law                                                            
  P.O. Box 110300                                                              
  Juneau, Alaska  99811-0300                                                   
  Phone:  465-3600                                                             
  Position Statement:  Testified on legal aspects HB 99                        
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 99                                                                 
  SHORT TITLE:  REPEAL 65-DAY DEADLINE: OIL SPILL PLANS                        
  BILL VERSION:                                                                
  SPONSOR(S):  SPECIAL COMMITTEE ON OIL AND GAS                                
  TITLE: "An Act repealing the 65-day time limit for approval                  
  or disapproval of proposed oil discharge contingency plan by                 
  the Department of Environmental Conservation; and providing                  
  for an effective date."                                                      
  JRN-DATE     JRN-PG               ACTION                                     
  01/29/93       178    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/29/93       178    (H)   OIL & GAS, RESOURCES, JUDICIARY                  
  02/04/93              (H)   O&G AT 10:00 AM CAPITOL 124                      
  02/04/93              (H)   MINUTE(O&G)                                      
  02/05/93       233    (H)   O&G RPT  7DP                                     
  02/05/93       233    (H)   DP: KOTT, OLBERG, MACKIE,                        
                              SITTON                                           
  02/05/93       233    (H)   DP: G.DAVIS, SANDERS, GREEN                      
  02/05/93       233    (H)   -ZERO FISCAL NOTE  (DEC)                         
                              2/5/93                                           
  02/15/93              (H)   RES AT 08:00 AM CAPITOL 124                      
  02/15/93       343    (H)   RES RPT  6DP                                     
  02/15/93       343    (H)   DP:HUDSON,CARNEY,GREEN,MULDER,                   
                              BUNDE                                            
  02/15/93       343    (H)   DP: WILLIAMS                                     
  02/15/93       343    (H)   -PREVIOUS ZERO FN  (DEC)                         
                              2/5/93                                           
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-18, SIDE A                                                           
  Number 000                                                                   
                                                                               
  The House Resources Committee was called to order by                         
  Chairman Bill Williams at 8:10 a.m.  Members present at the                  
  call to order were Representatives Williams, Hudson, Carney,                 
  Green, and Mulder.  Members absent were Representatives                      
  Bunde, Davies, Finkelstein and James.                                        
  HB 99:  REPEAL 65-DAY DEADLINE: OIL SPILL PLANS                              
                                                                               
  CHAIRMAN BILL WILLIAMS announced the meeting was not being                   
  held by regular teleconference, but one witness, Steve                       
  Porter, was linked by the teleconference network to a                        
  speaker phone in his Anchorage office.  Committee members                    
  and witnesses were asked to use their microphones when                       
  speaking.  He announced further that the purpose of the                      
  meeting was to consider HB 99, sponsored by the House                        
  Special Committee on Oil and Gas.  He said the bill had been                 
  heard and passed in that committee.                                          
                                                                               
  REPRESENTATIVE JOE GREEN, chair of the House Special                         
  Committee on Oil and Gas, advised that the sole purpose of                   
  HB 99 was to clean up language in the statute which                          
  presented conflicting time lines for the Department of                       
  Environmental Conservation (DEC) when reviewing oil spill                    
  response plans.  He said the problem resulted when                           
  legislation was passed regarding response times for plans                    
  submitted that related to the Coastal Zone Management Plan                   
  (CZMP).                                                                      
                                                                               
  REPRESENTATIVE GREEN referred members to 19 letters of                       
  support for the plan, contained in their bill files.  He                     
  said the support came from a wide range of interests, all of                 
  whom agreed to the necessity of the legislation.  He said HB
  99 repealed the section of AS 46 that required a 65-day                      
  response from the DEC.  As the statute was written, he                       
  explained, applicants submitting plans to the DEC was                        
  guaranteed a response in 65-days.  Some comprehensive plans                  
  required more time for thorough review and modification.  He                 
  concluded the bill served to streamline the process by                       
  removing a confusing obstacle.                                               
                                                                               
  Number 175                                                                   
                                                                               
  JANICE ADAIR, ASSISTANT COMMISSIONER, DEC, reported the                      
  department supported HB 99.  She said there has been                         
  difficulty in meeting the time lines under the CZMP and the                  
  statutory requirements.                                                      
                                                                               
  Number 191                                                                   
                                                                               
  VICE CHAIRMAN BILL HUDSON referred to the time when the                      
  statute was created, and recalled that the 65-day time line                  
  had been arbitrarily chosen to give a sense of finality to                   
  those preparing plans.  He asked Ms. Adair to give the                       
  committee an idea of the status of contingency plans.                        
                                                                               
  MS. ADAIR responded that Mr. Conway of the Division of Spill                 
  Response could best answer that.                                             
                                                                               
  Number 215                                                                   
                                                                               
  VICE CHAIR HUDSON then asked Ms. Adair what the DEC felt                     
  would be a more appropriate time frame.                                      
                                                                               
  Number 229                                                                   
                                                                               
  MS. ADAIR answered that outside of the CZMP, 65 days was                     
  sufficient, but that plans submitted under the CZMP were                     
  more complicated and response time varied.                                   
                                                                               
  Number 238                                                                   
                                                                               
  MICHAEL CONWAY, DIRECTOR, DIVISION OF SPILL PREVENTION AND                   
  RESPONSE, DEC, referred to Representative Hudson's previous                  
  question on the status of contingency plan approvals.  He                    
  said all regulated facilities have contingency plans                         
  submitted.  Nearly all non-crude carriers have complied with                 
  deadlines.  The two or so who have not complied have had                     
  compliance orders by consent entered into.  Some non-crude                   
  carriers have reduced the capacity of their facilities below                 
  the 10,000 barrel requirement, and smaller carriers were not                 
  required to have the contingency plans.                                      
                                                                               
  Number 266                                                                   
                                                                               
  REPRESENTATIVE GREEN noted for the record that members' bill                 
  packets included a response from the Division of Legal                       
  Services regarding the types of plans filed, which showed                    
  who might be affected by the statutory change resulting from                 
  HB 99.  He also pointed out the zero fiscal note associated                  
  with the bill.                                                               
                                                                               
  Number 282                                                                   
                                                                               
  STEVE PORTER of ARCO ALASKA testified by teleconference                      
  direct dial-up and said he was one of the participants                       
  working on this issue for the past two years.  He said a                     
  number of people with different viewpoints worked together                   
  to resolve the difficulties of working with two conflicting                  
  processes.  By reviewing the regulations and the Coastal                     
  Zone Management program, and working together with the DEC,                  
  he said the parties reached a reasonable formula for review.                 
  He recommended passage of HB 99.                                             
                                                                               
  Number 327                                                                   
                                                                               
  CHAIRMAN WILLIAMS noted for the record that Representative                   
  Bunde had joined the meeting.                                                
                                                                               
  Number 328                                                                   
                                                                               
  RUSSELL HEATH, representing the ALASKA ENVIRONMENTAL LOBBY,                  
  voiced his concern that oil spill contingency plans be                       
  thoroughly reviewed by the DEC.  He said HB 99 would allow                   
  such review, and he supported its passage.                                   
                                                                               
  BETH KERTTULA, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF                     
  LAW, saw no legal problems with HB 99, and said the                          
  legislation would help clarify regulatory questions.                         
                                                                               
  Number 345                                                                   
                                                                               
  CHAIRMAN WILLIAMS asked if there were any others present                     
  wishing to testify.  There were none, and he asked how the                   
  committee wished to proceed.                                                 
                                                                               
  Number 350                                                                   
                                                                               
  VICE CHAIR HUDSON made a MOTION to PASS HB 99 from the                       
  committee with individual recommendations.  He added that                    
  the zero fiscal note should also be adopted.                                 
                                                                               
  Number 352                                                                   
                                                                               
  CHAIRMAN WILLIAMS asked if there were any objections to the                  
  motion.  Hearing none, the MOTION PASSED and HB 99 was                       
  passed with individual recommendations.                                      
                                                                               
  ANNOUNCEMENTS                                                                
                                                                               
  CHAIRMAN WILLIAMS announced the committee's next meeting                     
  would be held on Wednesday, February 17 at 8:00 a.m., in a                   
  joint meeting with the Special Committee on Fisheries to                     
  hear an overview of the CDQ (community development quota)                    
  issue.  At 9:00 a.m., he said, the Resources Committee would                 
  reconvene to take up EO 86.                                                  
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  There being no further business to come before the House                     
  Resources Committee, Chairman Williams adjourned the meeting                 
  at  8:30 a.m.                                                                

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