Legislature(2007 - 2008)CAPITOL 17

03/13/2007 01:30 PM House TRANSPORTATION


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01:34:18 PM Start
01:34:30 PM HB164
02:24:33 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 164 OCEAN RANGERS & REPORTING VESSEL LOCATION
Moved Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
            HOUSE TRANSPORTATION STANDING COMMITTEE                                                                           
                         March 13, 2007                                                                                         
                           1:34 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kyle Johansen, Chair                                                                                             
Representative Mark Neuman, Vice Chair                                                                                          
Representative Anna Fairclough                                                                                                  
Representative Craig Johnson                                                                                                    
Representative Vic Kohring                                                                                                      
Representative Mike Doogan                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Woodie Salmon                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 164                                                                                                              
"An  Act relating  to  reporting of  vessel  location by  certain                                                               
commercial passenger  vessels operating  in the marine  waters of                                                               
the state, to access to  vessels by licensed marine engineers for                                                               
purposes  of   monitoring  compliance  with  state   and  federal                                                               
requirements,  and to  the obligations  of those  engineers while                                                               
aboard the vessels; and providing for an effective date."                                                                       
                                                                                                                                
     - MOVED HB 164 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 164                                                                                                                  
SHORT TITLE: OCEAN RANGERS & REPORTING VESSEL LOCATION                                                                          
SPONSOR(s): TRANSPORTATION                                                                                                      
                                                                                                                                
02/28/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/07       (H)       TRA, FIN                                                                                               
03/08/07       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
03/08/07       (H)       Heard & Held                                                                                           
03/08/07       (H)       MINUTE(TRA)                                                                                            
03/13/07       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
RANDALL RUARO, Staff                                                                                                            
to Representative Johansen                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   As committee  aide to  House Transportation                                                               
Standing Committee, presented HB 164.                                                                                           
                                                                                                                                
LYNN TOMICH KENT, Director                                                                                                      
Division of Water                                                                                                               
Department of Environmental Conservation                                                                                        
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     During  hearing  of   HB  164,  answered                                                               
questions.                                                                                                                      
                                                                                                                                
RUTH HAMILTON HEESE, Assistant Attorney General                                                                                 
Environmental Section                                                                                                           
Civil Division (Juneau)                                                                                                         
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     During  hearing  of   HB  164,  answered                                                               
questions.                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  KYLE JOHANSEN  called  the  House Transportation  Standing                                                             
Committee  meeting  to  order at  1:34:18  PM.    Representatives                                                             
Johansen, Fairclough,  Neuman, Johnson, Kohring, and  Doogan were                                                               
present at the call to order.                                                                                                   
                                                                                                                                
HB 164-OCEAN RANGERS & REPORTING VESSEL LOCATION                                                                              
                                                                                                                                
1:34:30 PM                                                                                                                    
                                                                                                                                
CHAIR JOHANSEN announced  that the first order  of business would                                                               
be HOUSE  BILL NO. 164, "An  Act relating to reporting  of vessel                                                               
location  by certain  commercial passenger  vessels operating  in                                                               
the marine waters of the state,  to access to vessels by licensed                                                               
marine  engineers  for  purposes of  monitoring  compliance  with                                                               
state and federal  requirements, and to the  obligations of those                                                               
engineers  while  aboard  the  vessels;   and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
1:35:52 PM                                                                                                                    
                                                                                                                                
RANDALL  RUARO, Staff  to Representative  Johansen, Alaska  State                                                               
Legislature, reminded  the committee  that last week  it received                                                               
testimony  about the  difference  between the  cruise ship  fleet                                                               
prior to 2002 and after 2002.  Prior  to 2002, only two out of 24                                                               
vessels in Alaska operated with  an advanced wastewater treatment                                                               
system  (AWTS).   In today's  fleet, 24  out of  29 large  cruise                                                               
vessels operating in  Alaska have AWTS.  The number  and trend is                                                               
growing  every  year,  he  said.   In  fact,  the  aforementioned                                                               
increase is an  1,100 percent increase over the  past five years.                                                               
He highlighted  testimony at  the prior hearing  in which  it was                                                               
related  that AWTS  are  state-of-the-art  systems in  wastewater                                                               
treatment  technology that  has  been described  as  a system  of                                                               
bioreactors and  filters that basically treat  wastewater through                                                               
enhanced aerobic digestion and low pressure membrane filtration.                                                                
                                                                                                                                
MR. RUARO  further recalled testimony  from the prior  hearing in                                                               
which  it  was  related  that  AWTS allow  the  vessels  to  meet                                                               
discharge  requirements  and perform  better,  up  to 50  percent                                                               
below the  legal limits.   Furthermore, the U.S. Coast  Guard, in                                                               
documents  provided to  the committee,  has said  AWTS allow  the                                                               
wastewater  discharged  by  cruise ships  traveling  in  Alaska's                                                               
waters to  be clean enough to  drink and is some  of the cleanest                                                               
wastewater ever  seen.   Mr. Ruaro turned  to DEC's  report after                                                               
reviewing  several  years of  cruise  ship  discharge data.    He                                                               
highlighted the  following statements  made in DEC's  February 9,                                                               
2004, report:                                                                                                                   
                                                                                                                                
     Since  the  passage of  the  Alaska  cruise ship  laws,                                                                    
     large  cruise ships  have installed  AWTS systems  that                                                                    
     meet the  stringent U.S.  Coast Guard  requirements for                                                                    
     continuous discharge.   The  quality of  the wastewater                                                                    
     on large ships has therefore improved dramatically.                                                                        
                                                                                                                                
     WET  testing   results  and  a  comparison   of  sample                                                                    
     results,   indicate  that   the  effluent   from  these                                                                    
     advanced systems  is not expected to  cause toxicity to                                                                    
     the marine environment.  No  human health risk is posed                                                                    
     by the low concentration  of tested pollutants found in                                                                    
     wastewater samples and  the wastewater samples indicate                                                                    
     that  hazardous  materials  are  not  being  discharged                                                                    
     through these wastewater treatment systems.                                                                                
                                                                                                                                
     Test results  indicated wastewater effluent  from large                                                                    
     ships do  not pose  a risk  to aquatic  organisms, even                                                                    
     during  stationary   discharges.    And  none   of  the                                                                    
     pollutants    mentioned    above   are    present    in                                                                    
     concentrations that would cause risk to human health.                                                                      
                                                                                                                                
1:39:51 PM                                                                                                                    
                                                                                                                                
MR. RUARO,  recalling the testimony regarding  the monitoring and                                                               
testing  of  the  samples  that  is  currently  being  performed,                                                               
reminded the  committee that some  of the sampling of  the cruise                                                               
ship wastewater  systems is unannounced,  staff work in  teams of                                                               
two,  the staff  usually have  a  four-year degree  in a  science                                                               
field,   and  are   trained  how   to   properly  take   samples.                                                               
Furthermore, DEC  has staff who  monitor and evaluate  the sample                                                               
taking.   He noted that  there's a  list of 25  specific criteria                                                               
that DEC watches for and the  results are reported to DEC and the                                                               
U.S.  Coast Guard  in  writing.   He  recalled  that the  company                                                               
performing the  monitoring has passed  all the DEC audits  of its                                                               
work in  2006.   Additionally, a  scientist with  a PhD  from the                                                               
University  of Alaska  Southeast periodically  boards the  cruise                                                               
ships  to  observe and  report  on  the sampling  procedures  and                                                               
review the testing  techniques of the laboratories.   He recalled                                                               
that the monitoring  company reported that it also  passed all of                                                               
the audits by the professor as  well.  Mr. Ruaro highlighted that                                                               
all of  the people involved  in wastewater management  for cruise                                                               
ships are required to follow  the sampling and testing procedures                                                               
agreed  upon by  the  U.S. Coast  Guard and  DEC  in the  Quality                                                               
Assurance/Quality Control Plan  (QA/QCP), which is Tab  13 in the                                                               
committee  packet.    The aforementioned  plan  is  reviewed  and                                                               
updated annually.   He also  recalled Ms. Kent's,  DEC, testimony                                                               
from  the prior  hearing in  which  she stated  that the  current                                                               
system is adequate and no further additions are necessary.                                                                      
                                                                                                                                
1:42:00 PM                                                                                                                    
                                                                                                                                
MR.  RUARO then  turned to  health  and safety  inspections.   He                                                               
informed  the committee  that federal  statutes provide  the U.S.                                                               
public  health service  jurisdiction  over health  and safety  on                                                               
cruise  ships.   The federal  statutes are  cited in  the "Vessel                                                               
Sanitation Program  Operations Manual"  published by  the Centers                                                               
for  Disease Control.    Mr. Ruaro  mentioned  that upon  further                                                               
research he discovered that in  2006 the 27 cruise ships operated                                                               
by major lines  in Alaska were inspected a total  of 403 times by                                                               
trained federal  inspectors.  All  but five of  those inspections                                                               
were passed.   Furthermore,  none of  the 27  vessels have  had a                                                               
failed health and safety inspection in  the last five years.  Mr.                                                               
Ruaro  characterized  the standard  on  which  these vessels  are                                                               
being inspected as a white glove standard.                                                                                      
                                                                                                                                
1:43:56 PM                                                                                                                    
                                                                                                                                
MR.  RUARO  then  moved  on  to  the  legislation  itself,  which                                                               
clarifies and amends  the Ocean Ranger Program  created by Ballot                                                               
Measure 2  [the Cruise  Ship Ballot  Initiative passed  by Alaska                                                               
voters  in  August 2006].    He  submitted that  the  legislation                                                               
aligns the  scope of  the program  with the  fairly low  level of                                                               
risk presented  to Alaska's  waters by  large cruise  ships while                                                               
saving the  state millions,  as specified  in DEC's  fiscal note.                                                               
Section 1  clarifies that the  U.S. Coast Guard will  receive the                                                               
real-time  hourly  reports  of   vessel  locations.    Section  2                                                               
clarifies that owners or operators  are only required to allow an                                                               
ocean  ranger  onboard the  vessel  at  times designated  by  the                                                               
commissioner when the  vessel is in the port.   Therefore, HB 164                                                               
does amend  the scope  of the  Ocean Ranger  Program.   Section 3                                                               
amends the scope  of the public health duties to  be performed by                                                               
ocean  rangers  by  limiting  them   to  duties  associated  with                                                               
monitoring,  observing,   and  recording  data   and  information                                                               
related to  the recordkeeping and wastewater  discharge functions                                                               
on the vessels required by state and federal law.                                                                               
                                                                                                                                
1:45:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  highlighted the importance  of recognizing                                                               
that a  ballot initiative is  the voice of  the public.   He then                                                               
asked if HB  164 will meet all the requirements  specified in the                                                               
ballot initiative.                                                                                                              
                                                                                                                                
MR.  RUARO stated  that HB  164 reduces  the scope  of the  Ocean                                                               
Ranger Program  as well as the  scope of the duties  of the ocean                                                               
rangers.  However, he opined  that the overall goal of protecting                                                               
Alaska's  waters  isn't  negatively impacted  because  the  facts                                                               
illustrate that  the aforementioned  is already  being adequately                                                               
accomplished.                                                                                                                   
                                                                                                                                
1:46:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN inquired as  to which pollutants are tested                                                               
in the  wastewater samples and  the concentrations at  which they                                                               
are found.                                                                                                                      
                                                                                                                                
LYNN  TOMICH KENT,  Director, Division  of  Water, Department  of                                                               
Environmental Conservation,  said that  she would have  to review                                                               
the initial reports  in order to determine all  of the parameters                                                               
that  are monitored.   However,  she  recalled that  conventional                                                               
pollutants,  those pollutants  that  would normally  be found  in                                                               
sewage,  are monitored.   Furthermore,  the analysis  is run  for                                                               
priority pollutants,  which include  metals and pesticides.   The                                                               
standards  that DEC  uses to  evaluate the  sample data  from the                                                               
Alaska  water quality  standards  are designed  to protect  human                                                               
health.                                                                                                                         
                                                                                                                                
1:48:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  asked whether  there is  any way  that the                                                               
cruise ships  can bypass the  treatment equipment.   He expressed                                                               
the need  to ensure that  the equipment being used  and monitored                                                               
by the  environmental engineers  can't be  altered when  no ocean                                                               
ranger is on board.                                                                                                             
                                                                                                                                
MR. RUARO recalled  Mr. Phillips' testimony that  it is difficult                                                               
to subvert  the system  and that  usually there  are two  AWTS on                                                               
board these  ships, which provides more  than sufficient capacity                                                               
to handle the load.                                                                                                             
                                                                                                                                
1:49:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN asked  if there  have been  any penalties,                                                               
problems, or fines  reported or levied by  any oversight agencies                                                               
in the last several years.                                                                                                      
                                                                                                                                
MS.  KENT answered  that over  the past  few years  the types  of                                                               
violations that have occurred have  primarily been related to air                                                               
opacity.  The  types of problems with  wastewater discharges have                                                               
primarily been  with how samples  are collected.  Ms.  Kent said,                                                               
"By  and large  we've had  very few  situations that  require the                                                               
department to take an enforcement action in the last few years."                                                                
                                                                                                                                
1:50:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOOGAN inquired  as to how the  testimony from the                                                               
industry  and  DEC  change  the  fact  that  the  initiative  was                                                               
approved.                                                                                                                       
                                                                                                                                
MR. RUARO replied that he  didn't believe anything can change the                                                               
fact that the initiative was  approved.  However, the legislature                                                               
is given the  express authority to amend initiatives.   Mr. Ruaro                                                               
opined that  the facts and  the record support  the legislature's                                                               
action in amending the initiative.                                                                                              
                                                                                                                                
1:52:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DOOGAN  recalled  that DEC  started  the  testing                                                               
program  in 1999  or  2001  and the  cruise  ship industry  began                                                               
improving the  onboard wastewater  treatment in 2002,  and voters                                                               
approved the initiative in 2006.   From that chain of events, can                                                               
we not assume that the voters  were rejecting the notion that the                                                               
current wastewater treatment program was sufficient, he asked.                                                                  
                                                                                                                                
MR. RUARO acknowledged that the  aforementioned is one assumption                                                               
that   could  be   made.     However,  it   remains  within   the                                                               
legislature's  prerogative  to  review  the facts  and  amend  an                                                               
initiative, which  he referred to as  a check and balance  on the                                                               
initiative process.                                                                                                             
                                                                                                                                
1:53:40 PM                                                                                                                    
                                                                                                                                
CHAIR JOHANSEN added that the  initiative didn't just address the                                                               
Ocean Ranger  Program as  it included other  things, such  as the                                                               
head tax and disclosure of business records.                                                                                    
                                                                                                                                
1:54:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DOOGAN   opined  that  the   committee  shouldn't                                                               
proceed  under the  assumption that  83,000 Alaskans  didn't know                                                               
what they were doing when they voted for the initiative.                                                                        
                                                                                                                                
1:54:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN recalled  that when  he was  approached to                                                               
sign  the  ballot initiative,  he  discovered  that some  of  the                                                               
proposed  initiative  language  was  different than  how  it  was                                                               
verbally  presented.    Therefore,   ballot  initiatives  can  be                                                               
somewhat confusing, he opined.                                                                                                  
                                                                                                                                
1:55:47 PM                                                                                                                    
                                                                                                                                
MS. KENT clarified  that while she spoke to  the effectiveness of                                                               
the current program  at one of the prior hearings,  she wanted to                                                               
be clear that DEC is  moving ahead quickly with implementation of                                                               
the law  as written.   With regard  to the enforcement  data, Ms.                                                               
Kent related that  in 2000 there were 15  air opacity violations,                                                               
which decreased to  2 in 2005.   For the last few  years, DEC has                                                               
issued either  no or one  notice of violation for  fecal coliform                                                               
[counts that exceed  the specifications].  Also,  each year there                                                               
have been several  compliance letters having to  do with sampling                                                               
protocol issues.                                                                                                                
                                                                                                                                
MS. KENT,  in response to  Representative Neuman,  explained that                                                               
the  state  has  requirements  with  regard  to  the  opacity  of                                                               
emissions that come  from the vessels and  from other facilities.                                                               
There are limitations  with regard to the thickness  of the smoke                                                               
and how long it  can last.  In regard to how  HB 164 would affect                                                               
DEC's  plan, she  stated that  the  ballot initiative  [requires]                                                               
ocean rangers to  ride with the vessels while  in Alaskan waters,                                                               
while HB 164  would only require ocean rangers to  be onboard the                                                               
vessel  while it's  in port.   Under  the ballot  initiative, the                                                               
ocean rangers are also responsible  for ensuring that passengers,                                                               
crew,  and  residents  at  ports   are  protected  from  improper                                                               
sanitation, health, and safety practices.   However, under HB 164                                                               
the responsibilities of ocean rangers  would be limited primarily                                                               
to wastewater discharge issues associated with the vessels.                                                                     
                                                                                                                                
1:58:29 PM                                                                                                                    
                                                                                                                                
MR. RUARO  noted that the  legislature also has the  authority to                                                               
determine  whether  to appropriate  funds,  which  would seem  to                                                               
automatically include a review of the facts of the initiative.                                                                  
                                                                                                                                
1:59:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON,  regarding the  expanded responsibilities                                                               
of  the  ocean  rangers,  asked  if the  state  is  going  to  be                                                               
responsible if someone  gets sick.  If the  aforementioned is the                                                               
case, he  asked if  the state  could be  [held liable]  for [sick                                                               
passengers].                                                                                                                    
                                                                                                                                
MS. KENT reiterated  that the initiative requires  that the ocean                                                               
rangers evaluate health and safety issues.                                                                                      
                                                                                                                                
2:00:27 PM                                                                                                                    
                                                                                                                                
RUTH  HAMILTON HEESE,  Assistant Attorney  General, Environmental                                                               
Section, Civil Division (Juneau),  Department of Law, opined that                                                               
it would  be fair to say  that there's some exposure  for health,                                                               
sanitation, and  safety issues  given the  current status  of the                                                               
law and  the broad language  related to  the duties of  the ocean                                                               
rangers.  However, the extent of  exposure won't be known until a                                                               
suit is  brought and an  allegation that the ocean  ranger didn't                                                               
fulfill his/her duty is made.                                                                                                   
                                                                                                                                
2:02:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON opined that  the only entities with deeper                                                               
pockets  than the  cruise  ship industry  and  the oil  industry,                                                               
would be the state.  Therefore,  he further opined that the state                                                               
would  be the  target of  a  suit [in  which an  ocean ranger  is                                                               
alleged to have  not fulfilled his/her duty in  the protection of                                                               
the health and safety.]                                                                                                         
                                                                                                                                
2:02:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH pointed out  that usually the causer of                                                               
a particular  incident is  the proportionately  responsible party                                                               
in any litigation.   Therefore, while Alaska and  an ocean ranger                                                               
may be  held as a party  in suit, the person  who actually caused                                                               
the problem, the cruise industry  in noncompliance, would be more                                                               
proportionately penalized.  As  with everything the [legislature]                                                               
does on behalf of the state, the  state could be held in a liable                                                               
position.   However, she opined  that the industry would  be held                                                               
to the standard  in a court of  law.  She reiterated  that in the                                                               
end the  responsible party for  an outbreak onboard a  ship would                                                               
be the cruise  ship and the particular governing  body onboard at                                                               
the time.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  JOHNSON  clarified that  his  point  is that  the                                                               
state would  be the governing  body onboard the  ship responsible                                                               
for the health and sanitation, as per statute.                                                                                  
                                                                                                                                
MS.  HEESE noted  her  agreement  with Representative  Fairclough                                                               
that  there  would be  a  variety  of  defendants reviewed  in  a                                                               
situation in which there is  [an outbreak or accident].  However,                                                               
one must  also remember that  there are other agencies  that also                                                               
hold  primacy above  the  ocean rangers  with  regard to  certain                                                               
precautions that  are to occur  onboard the ship.   For instance,                                                               
the U.S.  Center for  Disease Control, the  U.S. Coast  Guard and                                                               
the Environmental  Protection Agency may all  have some supremacy                                                               
over  the  ocean   rangers'  duties.    Still,   the  variety  of                                                               
defendants doesn't  eliminate the  state from the  potential risk                                                               
of exposure to suit.                                                                                                            
                                                                                                                                
2:04:42 PM                                                                                                                    
                                                                                                                                
MR.  RUARO then  turned  to the  legislature's  ability to  amend                                                               
[initiatives] and recalled  an article in the  Juneau Empire that                                                             
described the  Alaska Constitution  as written  in such  a manner                                                               
that it's  easy to understand,  a characterization with  which he                                                               
said he  agreed.  He pointed  out that in Article  XI, Section 6,                                                               
the   constitution  specifically   grants  the   legislature  the                                                               
authority to  amend an  initiative, although  it can't  repeal an                                                               
initiative.   Mr. Ruaro submitted  that the legislature  has full                                                               
authority to  amend initiatives.   The plain  language definition                                                               
of  the term  "amend" from  Webster's and  the American  Heritage                                                               
Dictionary is  to alter a  measure formally by  adding, deleting,                                                               
or  rephrasing.   Given  the  plain language  of  Article XI,  he                                                               
opined that  the legislature is  free to amend the  initiative in                                                               
the manner that HB 164 presents.   Mr. Ruaro highlighted that the                                                               
constitution specifies that the  legislature can amend the entire                                                               
initiative.     Therefore,   it's  important   to  consider   the                                                               
initiative as an  entire piece rather than  several small pieces.                                                               
In this  case, this  initiative reached the  outer limits  of the                                                               
single subject rule which it must  follow.  The proponents of the                                                               
initiative argued that the initiative  was a single subject.  The                                                               
legislation before  the committee today only  affects three parts                                                               
of the wastewater portions of  the initiative.  Mr. Ruaro related                                                               
his position  that HB  164 is  simply an  amendment and  does not                                                               
repeal the initiative, especially in  light of the various things                                                               
the initiative does.   Furthermore, the Warren v.  Thomas case in                                                             
which  the  court  addressed  the   scope  of  the  legislature's                                                               
authority to  amend an initiative regarding  conflict of interest                                                               
laws.    The  legislature  amended the  initiative  by  expressly                                                               
repealing one  section and two  subsections as well  as impliedly                                                               
repealing  other sections.   The  court upheld  the legislature's                                                               
act,  noting that  the legislature's  actions didn't  necessarily                                                               
mean  that the  act as  a  whole [the  initiative] was  repealed.                                                               
Therefore, Mr. Ruaro opined that HB 164 is constitutional.                                                                      
                                                                                                                                
2:08:59 PM                                                                                                                    
                                                                                                                                
CHAIR JOHANSEN clarified that the intent  of HB 164 is not to fly                                                               
in  the face  of what  the voters  wanted.   However, the  Alaska                                                               
State  Constitution provides  the  legislature  the authority  to                                                               
amend initiatives to  make them work properly.  The  [goal] is to                                                               
practically   implement   the   program   [passed   through   the                                                               
initiative].                                                                                                                    
                                                                                                                                
2:10:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOOGAN pointed  out that while it is  true that HB
164 only  applies to a section  of the initiative, it's  the only                                                               
section before  the committee.   He suggested that  the committee                                                               
review  whether it  is repealing  the section  of the  initiative                                                               
before  it in  HB 164.   Representative  Doogan opined  that this                                                               
legislation addresses  the section of the  initiative that places                                                               
observers onboard  cruise ships and  is changing that  section to                                                               
"people who do something in ports."   He said he wasn't sure what                                                               
these ocean rangers  will be doing in the ports  because there is                                                               
already an existing system that  tests whether wastewater systems                                                               
work in  ports.  However, there  is no existing program  in which                                                               
individuals test  wastewater while  the cruise  ships are  at sea                                                               
and discharging  waste.   Therefore, HB  164 would  eliminate the                                                               
program [specified  in the initiative]  in which  individuals are                                                               
onboard  the  cruise  ship  at   sea  when  the  waste  is  being                                                               
discharged.                                                                                                                     
                                                                                                                                
REPRESENTATIVE DOOGAN  said that he  has read the history  of the                                                               
courts' rulings on  the initiative process and he  didn't see how                                                               
Section 3 [would  be constitutional].  He opined,  "I don't think                                                               
you can take a section that  says, 'including but not limited to'                                                               
and then limit it and not  in essence be repealing that section."                                                               
The one  case in point  refers to a  State of Washington  case in                                                               
which  its  legislature did  exactly  the  opposite of  what  the                                                               
initiative  said  and  the  courts   held  that  the  legislature                                                               
exceeded  its  authority.   The  aforementioned  was  adopted  by                                                               
reference  as  a  precedence  for   the  Warren  v.  Thomas  case                                                             
mentioned earlier.   Therefore, he surmised that  the question is                                                               
what is  the net affect  of [HB 164].   He further  surmised that                                                               
it's  reasonable   to  assume  that  when   voters  approved  the                                                               
initiative,  they  thought  they  would  be  placing  independent                                                               
observers  onboard  these ships  while  in  Alaska water.    This                                                               
legislation changes  the aforementioned, and  thus Representative                                                               
Doogan  opined  that  HB  164  is a  repeal  of  that  provision.                                                               
Furthermore,  Representative Doogan  said he  didn't believe  the                                                               
changes in HB 164, save the change in Section 1, can be made.                                                                   
                                                                                                                                
2:13:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  recalled testimony, which she  said is                                                               
swaying her to  support HB 164, relating that  the limited number                                                               
of marine  engineers in the state  are all working in  the Alaska                                                               
Marine Highway System (AMHS).  With  regard to whether there is a                                                               
process to train marine engineers,  she related that she was told                                                               
it would  be a long process  for someone to become  an authorized                                                               
licensed  marine  engineer.    Therefore,  she  opined  that  the                                                               
initiative is  asking for  something that  can't be  provided and                                                               
thus it  seems that  there has  to be a  change because  what the                                                               
initiative requires can't be implemented.                                                                                       
                                                                                                                                
2:16:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   NEUMAN  opined   that  the   initiative  process                                                               
provides the  legislature with  [information] regarding  what the                                                               
citizens of  the state want.   He indicated that if  a better way                                                               
to provide  those services is  found, it's the  legislature's job                                                               
to do  so.  He recalled  testimony from DEC reporting  that there                                                               
haven't  been any  violations in  wastewater treatment  in recent                                                               
years  and there  isn't any  way  to bypass  the ship's  systems.                                                               
Therefore, Representative  Neuman said that he  feels comfortable                                                               
that  the waters  of Alaska  are safe,  which he  opined was  the                                                               
purpose  of the  initiative.   Representative Neuman  opined that                                                               
[with HB 164] the program has been improved.                                                                                    
                                                                                                                                
2:18:07 PM                                                                                                                    
                                                                                                                                
CHAIR JOHANSEN  noted his  agreement with  Representative Neuman.                                                               
He highlighted  that in  the Warren v.  Thomas case  the majority                                                             
decision was  that the Washington State  Legislature did exercise                                                               
its discretion properly.                                                                                                        
                                                                                                                                
2:19:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   DOOGAN  related   his  understanding   that  the                                                               
initiative doesn't specify  that the marine engineers  have to be                                                               
residents of Alaska,  and therefore he surmised that  the pool of                                                               
qualifying  people could  be U.S.  Coast  Guard certified  marine                                                               
engineers from any place.                                                                                                       
                                                                                                                                
REPRESENTATIVE    FAIRCLOUGH    acknowledged    that    employing                                                               
nonresidents is  a possibility, but  she said she  didn't believe                                                               
that's what the voters voted for.                                                                                               
                                                                                                                                
2:20:19 PM                                                                                                                    
                                                                                                                                
CHAIR JOHANSEN recalled  that this question was raised  to one of                                                               
the authors of the initiative  during the committee's overview of                                                               
the Ocean  Ranger Program  to which the  response was  that those                                                               
who aren't  quite qualified to  be in  the engine rooms  in other                                                               
places  would  probably  be  available.     Chair  Johansen  then                                                               
questioned  the  effect of  this  [initiative]  on the  AMHS  and                                                               
indicated that  it will be  problematic to simply open  the gates                                                               
to all qualified engineers.                                                                                                     
                                                                                                                                
2:21:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  acknowledged  that there  are  others                                                               
[outside  of  Alaska] who  are  capable  of becoming  a  licensed                                                               
marine engineer in Alaska.   She then highlighted the seasonality                                                               
of the industry and that there  would be a limited period of time                                                               
in which the  part-time help would be necessary.   Therefore, she                                                               
questioned  whether   the  state   would  employ   [these  marine                                                               
engineers] all  year when these  positions may only  be necessary                                                               
for four to six months.                                                                                                         
                                                                                                                                
2:22:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  moved to  report HB  164 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
REPRESENTATIVE DOOGAN objected.                                                                                                 
                                                                                                                                
A roll call vote was  taken.  Representatives Neuman, Fairclough,                                                               
Johnson, Kohring,  and Johansen  voted in  favor of  reporting HB
164  from committee.   Representative  Doogan  voted against  it.                                                               
Therefore, HB  164 was reported  out of the  House Transportation                                                               
Standing Committee by a vote of 5-1.                                                                                            
                                                                                                                                
2:24:33 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Transportation Standing Committee meeting was adjourned at 2:24                                                                 
p.m.                                                                                                                            

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