Legislature(1999 - 2000)
04/20/2000 09:13 AM House RLS
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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 RULES STANDING COMMITTEE
April 20, 2000
9:13 a.m.
MEMBERS PRESENT
Representative John Cowdery, Chairman
Representative Joe Green
Representative Gail Phillips
Representative Pete Kott
Representative Ethan Berkowitz
Representative Reggie Joule
MEMBERS ABSENT
Representative Brian Porter
COMMITTEE CALENDAR
SENATE CONCURRENT RESOLUTION NO. 1
Suspending provisions of Rule 1(e), Uniform Rules of the Alaska
State Legislature, relating to proportional minority membership on
standing committees as it applies to the Senate Finance Committee
during the Twenty-First Alaska State Legislature.
- MOVED HCS SCR 1(RLS) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: SCR 1
SHORT TITLE: MOTORIZED OIL TRANSPORT TASK FORCE
Jrn-Date Jrn-Page Action
1/19/99 8 (S) SPECIAL ORDER OF BUSINESS Y15 N4 A1
1/19/99 8 (S) READ THE FIRST TIME
1/19/99 9 (S) READ SECOND TIME AND ON FINAL PASSAGE
1/19/99 9 (S) PASSED Y14 N5 A1 SCR 1
1/19/99 23 (S) TRANSMITTED TO (H)
1/21/99 44 (H) READ THE FIRST TIME - REFERRAL(S)
1/21/99 44 (H) RLS
4/20/00 (H) RLS AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
JOE KYLE
Alaska Steamship Association
234 Gold Street
Juneau, Alaska 99801
POSITION STATEMENT: Testified in support of this approach to
resolving this nontanker contingency plan issue.
CHARLOTTE MacCAY, Senior Administrator
Environmental and Regulatory Affairs
Cominco Alaska Incorporated
1133 West 15th Avenue
Anchorage, Alaska 99501
POSITION STATEMENT: Testified on HCS SCR 1.
MARCO PIGNALBERI, Staff
to Representative Cowdery
Alaska State Legislature
Capitol Building, Room 204
Juneau, Alaska 99801
POSITION STATEMENT: Reviewed the differences between HCS SCR 1
labeled LS0304\H, Cook, 4/19/00 and the forthcoming CS.
JIM CLARK, Attorney
Robertson, Monagle & Eastaugh, PC
801 West 10th Street, Suite 300
Juneau, Alaska 99801
POSITION STATEMENT: Reviewed a change to be included in the
forthcoming CS.
ACTION NARRATIVE
TAPE 00-7, SIDE A
Number 0001
CHAIRMAN JOHN COWDERY called the House Rules Standing Committee
meeting to order at 9:13 a.m. Members present at the call to order
were Representatives Cowdery, Green, Phillips, Kott, Berkowitz and
Joule.
SCR 1-MOTORIZED OIL TRANSPORT TASK FORCE
CHAIRMAN COWDERY announced that the only order of business before
the committee is SENATE CONCURRENT RESOLUTION NO. 1, Suspending
provisions of Rule 1(e), Uniform Rules of the Alaska State
Legislature, relating to proportional minority membership on
standing committees as it applies to the Senate Finance Committee
during the Twenty-First Alaska State Legislature. [Before the
committee, pending adoption, is version LS0304\H, Cook, 4/19/00,
with the following title: HOUSE CS FOR SENATE CONCURRENT
RESOLUTION NO. 1(RLS), Relating to the Task Force on Motorized Oil
Transport.]
Number 0071
JOE KYLE, Alaska Steamship Association, testified in support of
this approach to resolving this nontanker contingency plan issue.
The association believes that this approach allows the association
to adhere to Senator Pearce's original time schedule to get the
nontank vessels into the state safety net. Furthermore, this
allows the association "to flesh out the unknowns that we had in
the current bill, figure out how the other states operate more
clearly, understand what the requirements and costs may be to work
with one of the co-ops in the state, examine whether we should form
our own co-ops to comply." The association feels that this is a
broad-based approach that will allow compliance with safety net
issues that concern Commissioner Brown, Department of Environmental
Conservation.
REPRESENTATIVE BERKOWITZ noted that he has not seen Senator
Pearce's bill. Therefore, he asked if the intent is to reach the
same number of vessels that Senator Pearce intends to reach.
MR. KYLE replied yes. He specified that this resolution doesn't
exempt anyone from the original intent of Senator Pearce's bill.
If the resolution softens anything it would be the compliance
standards for those "way North in Western Alaska and way West in
Western Alaska." In those areas it is difficult to meet the 48
hour and 15 percent standard. The association has requested that
[those standards] be loosened for those areas. In response to
Representative Phillips, Mr. Kyle agreed that the difficulty in
complying with the aforementioned standards is primarily due to the
distance [of these locations].
Number 0232
REPRESENTATIVE GREEN pointed out that there is a spill contingency
group "way up there." He asked if the concern is that the cruise
ships wouldn't go that far because there would still be commerce.
MR. KYLE specified that [the vessels] to which this speaks are spot
trampers that service the fishing industry and that will respond to
remote places in which there is no infrastructure to fly in
equipment nor is there a port. Therefore, this [equipment] would
have to be taken by watercraft to some of these remote locations in
Western Alaska; in areas where it takes days to transport
equipment. With such a situation, the association felt that the 48
hour and 15 percent standard is not doable in those areas unless
the ships themselves are loaded with equipment. However, that runs
counter to the recent Intertanko U.S. Supreme Court ruling that
just occurred. He acknowledged that "we" could return to the 48
hour and 15 percent standard through this process, but this allows
"us" not to have to start there.
REPRESENTATIVE GREEN noted his observation that [this resolution]
addresses vessels of 400 gross tons. He recalled that at one
point, "they" were banning [vessels] around 300 [gross tons].
MR. KYLE clarified that the original legislation [SB 273] [referred
to vessels] of 300 gross tons. He recalled that Senator Taylor
amended that [reference to vessels of] 400 gross tons.
Number 0340
REPRESENTATIVE JOULE inquired as to the difference between a 300
and 400 gross ton vessel.
MR. KYLE remarked that it is difficult to say because the manner in
which gross tonnage is measured is mysterious. However, he
suggested that [with the change from 300 to 400 gross tons] some of
the smaller tenders and fishing vessel tenders would probably drop
out. He didn't believe that any catcher/processors or factory
trawlers would drop out. Certainly, no trampers drop out.
REPRESENTATIVE GREEN inquired as to the average amount of fuel that
would be onboard a 300 and a 400 ton vessel.
MR. KYLE answered that the difference would be negligible.
REPRESENTATIVE GREEN surmised that the amount of fuel onboard is
really the concern versus the tonnage of the vessel itself.
MR. KYLE agreed. He reiterated that the difference in the amount
of fuel carried on a 300 ton vessel versus a 400 ton vessel is
negligible. He estimated that the difference would be between
4,500 gallons [of fuel] and 5,000 gallons [of fuel].
Number 0434
MR. KYLE said, in response to Chairman Cowdery, that [the
association] feels that [the membership of the task force] covers
the broad spectrum of nontank vessels that are operating in Alaska
and the people that are responsible for their actions. With the
two [task force members from the] spot charter vessels, "we" tried
to cover the mining, timber and fishing industry. The task force
includes one member from the Alaska Steamship Association and one
member who is a registered maritime [shipping] agent. Therefore,
there are four members of the task force that are from the maritime
transportation industry. The task force also includes one member
from the United States Coast Guard and three members from DEC. Mr.
Kyle felt that the [membership of the] task force covers the issue
well.
REPRESENTATIVE JOULE noted that he is not sure of the definition of
a tanker vessel, although he assumed that such a vessel is similar
to the kind of boat that goes to Valdez. He pointed out that on an
annual basis [Valdez] receives fuel supply boats. He asked if this
[resolution] would cover these fuel supply boats.
MR. KYLE clarified that fuel supply boats are already covered under
the Oil Pollution Act of 1990 (OPA 90). Basically if a vessel
carries fuel for sale, then that is a tank vessel. The vessels
that are being addressed in this resolution are those that carry
fuel for their own propulsion purposes.
Number 0536
REPRESENTATIVE PHILLIPS suggested that the committee discuss the
House Current Resolution [HCR 27] while waiting for the committee
substitute (CS) for SCR 1. Representative Phillips explained,
that SCR 1 is a Senate resolution, which would allow the Senate to
change the rules for the makeup of the Senate Finance Committee.
The Senate passed SCR 1 at the beginning of the session two years
ago. This resolution is now in the House and can be used as the
vehicle with a different title in order to insert the task force
and return it to the Senate for consideration. Representative
Phillips noted that the committee packet includes a House
Concurrent Resolution [HCR 27].
REPRESENTATIVE PHILLIPS moved that the committee adopt HCR [27],
which would suspend the rules regarding SCR 1 and make the title
change.
REPRESENTATIVE BERKOWITZ objected. He remarked that for two years
now the Senate has been passing bills through the Senate Finance
Committee illegally and now "we're" going to overlook that because
it affords a vehicle to accomplish this. Representative Berkowitz
withdrew his objection.
CHAIRMAN COWDERY asked if there were any objections. There being
none, it was so ordered and the House Rules Committee adopted HCR
[27].
Number 0663
CHARLOTTE MacCAY, Senior Administrator, Environmental and
Regulatory Affairs, Cominco Alaska Incorporated, commended Senator
Pearce in putting forth this legislation as it is important and is
valuable to and desired by the industry. With regard to the spot
charter vessels, [Cominco Alaska] brings in 14 different vessels
taken from fleets all around the world each summer. The next
summer there may be 14 different vessels. Therefore, it is
important for [Cominco Alaska] to ensure that those vessels have a
way to respond to an oil spill if one of those vessels were to have
one. She noted that [Cominco Alaska] does have oil spill
contingency planning at its port along with the materials and the
response contractors. She reiterated the importance of this
legislation passing through, however [Cominco Alaska] is concerned
with the structures and mechanism that go into this legislation.
Ms. MacCay turned to Mr. Kyle's comments regarding the regions in
the North and West. She disagreed with him in that, "We're not
looking for a different 'in' up in the North and the West,
different in the standards. What we may be needing is a difference
in the mechanism to achieve that standard due to the remoteness."
She stated that it is very difficult to place the type of
requirement on the worldwide fleets when they may only come in
once. Therefore, it is of major concern to receive the
coordination of the shipping agents, who bring in these boats and
know best how to get them to comply effectively.
REPRESENTATIVE BERKOWITZ pointed out that the composition of the
task force doesn't include a member of the environmental community.
He related his experience that bringing in stakeholders initially
makes for a smoother process.
MS. MacCAY said that the [membership] of the task force is such
because the objectives are not being changed. She stated, "These
are the environmentalists' objectives; this is what the whole
objective is. We aren't asking to change the objective, we're just
looking at how to structure and coordinate to get there."
REPRESENTATIVE BERKOWITZ inquired as to who has spearheaded this.
MS. MacCAY answered that she didn't know as she entered into this
very late.
REPRESENTATIVE BERKOWITZ reiterated that it seems the process works
better if diverse views are incorporated early on.
Number 0871
REPRESENTATIVE GREEN remarked that Representative Berkowitz makes
a good point. He recalled, having worked with the environmental
groups, that there was a "train wreck" when anything was attempted.
Then about 10-11 years ago, agency personnel and environmental
representatives were included and the final product was arrived at
quickly. Therefore, he indicated agreement with Representative
Berkowitz that including them would make for a better process. He
felt that even if [environmental groups] are not a member, they
should be invited.
MS. MacCAY interjected that this is a public meeting.
REPRESENTATIVE PHILLIPS informed the committee that much of this
has been driven by the Commissioner of DEC and thus the
environmental voice has been included, as far as she knew, for the
entire time that Senator Pearce's bill has been discussed. She
noted that when she questioned whether the Commissioner of DEC is
the appropriate person to be the chairman of this task force, all
the group members agreed as they wanted to assure that
environmental protection was first and foremost. Therefore, she
felt that [the environmental representation on the task force] is
covered. With regard to why the Regional Citizens Advisory
Councils (RCAC) and SIRCAC (ph) and other such groups are not
included, Representative Phillips pointed out that the director of
the Division of Spill Prevention and Response within DEC is the
head of all of the RCACs. She asked if that director was the
conduit between the federal government and DEC.
REPRESENTATIVE GREEN answered yes, but specified that the director
of the Division of Spill Prevention and Response are more involved
with the spill programs. The plan that any applicant files is
generally what is reviewed and thus doesn't necessarily bring the
true environmental groups.
REPRESENTATIVE PHILLIPS commented that there was much thought given
with regard to the makeup of this task force.
REPRESENTATIVE GREEN noted that there is a time frame, and
therefore it might be better to bring [the environmental groups]
along.
Number 1035
MARCO PIGNALBERI, Staff to Representative Cowdery, Alaska State
Legislature, announced that he would review the differences between
version H of HCS SCR 1 and the forthcoming CS. He directed the
committee to page 2, lines 2-10, of version H; that language will
be slightly modified in the forthcoming CS. On page 3, line 10, of
version H the word "Alaska" will be inserted before "statutes" in
the forthcoming CS. On page 3, line 11, of version H following the
word "transport", delete "and ways to attain the goals". Those
changes will be encompassed in the forthcoming CS.
REPRESENTATIVE BERKOWITZ asked if there would be a fiscal note with
this since DEC will provide support staff for the task force.
MR. PIGNALBERI related his understanding that there will be a zero
fiscal note as the department will absorb the costs.
REPRESENTATIVE PHILLIPS interjected that the department has been
working on this for a couple of months now and there has been no
additional fiscal note for that activity.
JIM CLARK, Attorney, Robertson, Monagle & Eastaugh, PC, informed
the committee that the forthcoming CS will include another change.
He directed the committee to page 3, line 10, where the words
"consistent with" will be deleted and the language "not subject to
preemption by" will be inserted. He explained that this language
change is included in order to have the task force review the
aforementioned Intertanko case.
Number 1222
REPRESENTATIVE PHILLIPS suggested that perhaps the committee could
adopt version H and the amendments to that draft[, which would
result in the forthcoming CS]. She informed the committee that the
task force would be comprised of the following members which would
be specified in the forthcoming CS. The membership would be as
follows:
(1) one member appointed by the President of the Senate;
(2) one member appointed by the Speaker of the House of
Representatives;
(3) one member representing the [United States] Coast
Guard;
(4) one member representing the response action co-op;
(5) one member from the Alaska Railroad;
(6) one member from maritime shipping;
(7) one member from the Alaska Steamship Association;
(8) one member from the container ship industry;
(9) two members from the spot charter vessel industry;
(10)the director of the division of spill prevention and
response in the Department of Environmental Conservation;
(11)the commissioner and deputy commissioner of the
Department of Environmental Conservation.
Number 1275
REPRESENTATIVE PHILLIPS moved that the committee adopt HCS SCR 1,
version LS0304\H, Cook, 4/19/00, as the working draft. There being
no objection, HCS SCR 1 version H was adopted.
REPRESENTATIVE PHILLIPS moved the following amendments:
Page 2, lines 2-10,
Delete all material
Insert the aforementioned membership of the
task force [which is outlined above].
Page 3, line 10, before "statutes"
Insert "Alaska"
Page 3, line 10,
Delete "consistent with"
Insert "not subject to preemption by"
Page 3, line 11,
Delete "and ways to attain the goals"
There being no objection, it was so ordered and the above
amendments were adopted.
REPRESENTATIVE KOTT asked if the task force delivers the report
prior to the day that the Twenty-Second Legislature convenes will
it be delivered to the Twenty-Second Legislature or the
Twenty-First Legislature. He surmised that in such a case, it
would have to be delivered to the Twenty-First Legislature as the
Twenty-Second Legislature would not be in place. Therefore, the
language [on page 3, line 8] referring to whom to deliver the
report is problematic.
There was discussion about how to remedy this problem, which
resulted in the agreement to insert "second" on page 3, line 8,
prior to the word "day".
[Although there was no formal motion, the House Rules Committee did
report HCS SCR 1 version LS0304\H, Cook, 4/19/00, as amended out of
committee.]
ADJOURNMENT
There being no further business before the committee, the House
Rules Committee meeting was adjourned at 9:36 a.m.
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