Legislature(1993 - 1994)
02/15/1993 08:00 AM House RES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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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