Legislature(2007 - 2008)CAPITOL 17
03/08/2007 01:30 PM House TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| HB164 | |
| Presentation: Port of Bellingham | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 164 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
March 8, 2007
1:31 p.m.
MEMBERS PRESENT
Representative Kyle Johansen, Chair
Representative Craig Johnson
Representative Mike Doogan
MEMBERS ABSENT
Representative Mark Neuman, Vice Chair
Representative Anna Fairclough
Representative Vic Kohring
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."
- HEARD AND HELD
PRESENTATION: PORT OF BELLINGHAM
- HEARD
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
WITNESS REGISTER
RANDALL RUARO, Staff
to Representative Kyle Johansen
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 164 on behalf the House
Transportation Standing Committee, sponsor, which Representative
Johansen chairs.
TOM DOW
Northwest Cruise Ship Association
Washington, DC
POSITION STATEMENT: Supported HB 164, presented information and
answered questions.
ANDREW PHILLIPS, Marine Director
Princess Cruises
Palmdale, California
POSITION STATEMENT: During hearing on HB 164, presented
information and answered questions.
DAVID WETZEL
Admiralty Environmental
Juneau, Alaska
POSITION STATEMENT: During hearing on HB 164, presented
information and answered questions.
LYNN TOMICH KENT, Director
Division of Water
Department of Environmental Conservation
Anchorage, Alaska
POSITION STATEMENT: Reviewed the department's fiscal note for
HB 164 and answered questions.
JIM DARLING, Executive Director
Port of Bellingham Commission
Bellingham, WA
POSITION STATEMENT: Presented information about the Port of
Bellingham.
SCOTT WALKER, President
Port of Bellingham Commission
Bellingham, WA
POSITION STATEMENT: Presented a history and overview of the
Port of Bellingham's terminal contract with the Alaska Marine
Highway System (AMHS).
DAN STAHL, Director
Marine Services
Port of Bellingham
[No address available]
POSITION STATEMENT: Presented information about the Port of
Bellingham.
ACTION NARRATIVE
CHAIR KYLE JOHANSEN called the House Transportation Standing
Committee meeting to order at 1:31:52 PM. Representatives
Johansen, Johnson, and Doogan were present at the call to order.
HB 164-OCEAN RANGERS & REPORTING VESSEL LOCATION
1:32:06 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."
1:32:33 PM
CHAIR JOHANSEN noted that an issue he anticipated coming up is
whether the legislature has the authority to amend an
initiative. He requested that committee members keep those
questions until next week when legal experts on the issue are
available. He also stated that he would like to incorporate by
reference the testimony documents that were before the committee
during the 2/20/07 overview of the Ocean Ranger Program.
1:33:09 PM
RANDALL RUARO, Staff to Representative Kyle Johansen, Alaska
State Legislature, presented HB 164 on behalf of Representative
Johansen, chair of the House Transportation Standing Committee,
sponsor of HB 164. He stated that keeping Alaska's waters clean
is an important goal. He acknowledged that there were issues of
serious concern with the old cruise ship fleet of several years
ago. However, he said, that old fleet is very different from
the fleet of today and the fleet of the future.
MR. RUARO urged the committee to focus and remember these
differences because they are critical to understanding the bill
and the issues. He said that prior to 2002, only 2 out of the
24 cruise ships operating in Alaska had an AWTS (AWTS). Today,
24 out of 29 vessels have advanced treatment systems, an 1,100
percent increase in a five-year period. He related that the
Department of Environmental Conservation (DEC) report entitled,
"Assessment of Cruise Ship and Ferry Wastewater Impacts in
Alaska," dated February 9, 2004, spells out why these AWTS are
so important. He read from page 55 of the report [original
punctuation provided]:
Since the passage of the Alaska cruise ship laws,
large cruise ships have installed advanced wastewater
treatment systems that meet the stringent U.S. Coast
Guard [USCG] requirements for continuous discharge.
The quality of the wastewater on large ships has
therefore improved dramatically.
MR. RUARO then read from page 35 of the report to illustrate how
dramatic was the change [original punctual provided]:
WET testing results and a comparison of sample results
with Alaska Water Quality Standards 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.
The wastewater samples indicate that hazardous
materials are not being discharged through these
wastewater treatment systems.
MR. RUARO then returned to pages 55 and 56 of the report and
read further [original punctuation slightly modified]:
Test results indicate that wastewater effluent from
large ships with advanced wastewater treatment systems
does not pose a risk to aquatic organisms, even during
stationary discharges....None of the pollutants
mentioned above are present in concentrations that
should cause risks to human health.
1:36:21 PM
MR. RUARO noted that there are already several precautions in
place by DEC and the USCG to make sure that the sampling and
handling of the wastewater discharge is done properly and the
results accurately reported. These precautions include: a)
always having the samples taken by a team of at least 2 trained
employees of the independent contractor and these employees
usually have a four-year degree in a science field, and b)
having a DEC employee, who is trained in the science and proper
monitoring and sample taking, periodically board a vessel with
the independent contractor team for the purpose of watching over
the team's work and evaluating and reporting the work based on
25 different criteria. This report is submitted in writing to
DEC and the USCG, Mr. Ruaro said. At times there will also be a
scientist from the University of Alaska who will periodically
board the ships to observe and report on the sample taking
procedures.
MR. RUARO stated that all of the sampling and testing procedures
are reviewed annually by DEC and the USCG, and that the Quality
Analysis Quality Control manual is also updated annually. He
related that he reviewed audits of the independent contractor's
work and that in 2006 the contractor did not fail any of the 25
criteria in the audits.
1:38:44 PM
MR. RUARO said that with these facts in mind, HB 164 narrows
down the requirements of the Cruise Ship Ballot Initiative
[Ballot Measure 2 passed by Alaska voters in August 2006]. He
commenced with a section-by-section review of HB 164: Section 1
clarifies that the real-time hourly reports of vessel location
go to the USCG, which is the federal agency charged with
homeland security and pollution enforcement and monitoring for
cruise ships. This clarification is because the initiative was
ambiguous Cruise Ship Ballot Initiative in this regard. Section
2 clarifies when owners and operators have to allow an ocean
ranger onboard the vessel. The language of the initiative says
that owners and operators are required to have a USCG licensed
marine engineer on board the vessel, but it does not specify
when or for how long. This section states that ocean rangers
are only to be onboard at times designated by DEC while the
vessel is in port. Section 3 amends the scope of the public
health duties to be performed by the ocean rangers to those
duties related to the monitoring, observing, and recording of
data and information that are related to the registration,
reporting, record-keeping, and discharge functions required by
state and federal law.
MR. RUARO reported that the scaled-down program envisioned by HB
164 costs significantly less to create and operate. The fiscal
note shows a reduction of roughly $4-$5 million in program
costs.
1:41:41 PM
TOM DOW, Northwest Cruise Ship Association, stated that he is
representing the association's member lines that are affected by
this legislation. He said he is Vice President of Public
Affairs for Carnival Corporation which is the parent corporation
for Princess Cruises, Holland America Cruise Line, and Carnival
Cruises.
MR. DOW noted that Alaska's involvement in wastewater discharges
from cruise ships began in 1999. He said state legislation that
passed in 2000 required cruise ships to meet tertiary treatment
standards, the highest standard existing in the state at the
time. The legislation was taken word-for-word from the standard
for discharges in areas where there is seafood processing, he
said. It is significant that the discharge standard is "at the
end of the pipe", he explained. This is because most permitted,
land-based wastewater systems rely on water quality at the "end
of a mixing zone" to take into account the natural dilution that
occurs after the waste stream exits the pipe. Therefore, "end
of the pipe" is the highest standard of treatment and it is the
easiest to measure and monitor for compliance because the test
sample is simply taken at the end of the pipe and sent to a lab.
1:44:03 PM
MR. DOW related that there were no such systems on any ships,
anywhere, when the law passed, so it allowed two years for
research and development of a system that could be adapted for
marine discharge within State of Alaska waters. These waters
are defined as all of the waters of the Alexander Archipelago up
to three miles beyond [shore]; and the three miles from shore in
the Gulf of Alaska. He outlined the wastewater testing and
sampling procedures which were discussed in detail later in the
hearing by Mr. David Wetzel. Mr. Dow noted that 2007 will be
sixth season of operation and that during this period the number
of ships equipped with these treatment systems has increased
from 25 percent to nearly 100 percent - only one or two ships do
not have them. Of Carnival Corporation's combined fleet of 17
ships, 16 have the advanced systems, he said.
1:45:57 PM
MR. DOW stated that he thinks this is a success story. It has
required a significant investment of time, training, and
equipment and is now considered a model in most of the other
coastal cruising areas of the country. He said that each year
DEC publishes a report and that while things have not been
perfect, lessons have been learned, and fine tuning and
adjustments are always being made in conjunction with DEC, the
private contractors, and the treatment plant vendors. Through
competition among the cruise lines and the technology suppliers,
three or four types of treatment systems were designed.
MR. DOW advised that work is ongoing to continue improving the
wastewater treatment facilities and that the industry is willing
to work with regulators to make further improvements. He
related that the current systems are working as designed to
comply with law and that they are providing adequate protection
and are providing more treatment levels than are communities
within the state. He stated that the Association does not think
putting Ocean Rangers onboard will improve the quality of the
water in Alaska and that there are other ways that might provide
assurance of this. Hundreds of millions of dollars have been
invested in these systems, he said, and they are state of the
art. He voiced the Association's support for HB 164.
1:49:25 PM
REPRESENTATIVE DOOGAN asked whether someone "monkeying" with the
waste treatment system is the only way for a noncompliant
discharge to happen.
MR. DOW answered no, that the equipment can malfunction, such as
a filter breaking loose, a pump pumping when it should not, or a
valve not closing. This can happen accidentally with no
intentional action on anyone's part. He noted that ships have a
system of self-tests onboard that act as a method of early
warning and that this is also what most municipal treatment
plants also do. He said there is a procedure that must be
followed if an independent lab finds a ship to be out of
compliance. The state must be notified and given some
indication of why the noncompliance happened and what corrective
action will be taken. Until the system is fixed, retested, and
recertified, the ship cannot discharge in state waters. He
explained that, currently, cruise ships do not have a "permit",
but they have "permission" to discharge. This permission is
withdrawn if the ship is not meeting the standards. So, he
said, there could be a brief period of time before a
[noncompliant] discharge is discovered, but these are
infrequent.
1:52:28 PM
MR. DOW, in response to a question from Representative Johnson,
explained that when there is a system failure the ship continues
sailing and the effluent is diverted into a holding tank instead
of being pumped overboard. The holding tank cannot be
discharged until the ship is out of Alaska waters, he said,
which means being 15-20 miles offshore and operating at higher
speeds.
1:53:02 PM
REPRESENTATIVE DOOGAN inquired whether it is possible for an
equipment failure or breakage to not be discovered for an
extended period of time.
MR. DOW responded that it usually is not because the equipment
is broken, it's usually a malfunction. He acknowledged that it
is possible for there to be a period of time.
1:54:00 PM
ANDREW PHILLIPS, Marine Director, Princess Cruises, stated that
all 8 of the Princess Cruises ships sailing in Alaska are fitted
with advanced wastewater plant ships. The larger ships have
three plants onboard and the smaller ships have two. He
reported that if one plant goes down, the other two plants are
capable of managing the wastewater onboard. Whether new or
retrofitted, all of the ships' plants are made by the same
manufacturer. He said that in these plants, the wastewater
first goes through a biological treatment and then it goes
through an advanced, high-pressure filtration system composed of
micron-sized membranes to remove the bacteria. The wastewater
receives a final ultra-violet (UV) treatment before being
discharged overboard. Chlorine is no longer used for treatment.
He related that the advanced wastewater treatment plants onboard
the ships of every cruise line may have minor differences, but
that generally they operate in the same fashion.
MR. PHILLIPS reported that Princess Cruises has found that the
treatments plants exceed Alaska's requirements by at least half.
He explained that because there is more than one plant onboard,
the overboard discharge will still be in compliance even if
there is a malfunction in one of the plants. When a malfunction
is detected, the plant can be shut down and repaired without
affecting compliance. An initial issue with installing an
advanced wastewater plant on a ship versus a land-based facility
is that all of the systems onboard operate under vacuum systems
with the toilets. Therefore, the amount of water used is a lot
less and results in a much higher concentration. He noted that
the systems are constantly being improved.
1:59:34 PM
MR. PHILLIPS noted that in the event of a power failure on
Princess ships, discharge from the treatment plants cannot be
resumed until the UV filter is again operational. He said that
in addition to the twice-a-month test, Princess also tests every
other week with a lab. Plus, he said, Princess conducts its own
tests every single week. He stated that if an engineer observes
discoloration in the discharge, the banks of membranes are
arranged in groups so that they can be switched while the
machinery is overhauled.
MR. PHILLIPS said there are regular maintenance overhauls of the
plants on Princess ships. At the beginning of each Alaska
season, a vendor comes out to the ships and monitors the plants
to make sure everything is running. He said the plants are
continuously running regardless of where the ships are sailing,
they are not turned off when the ships leave Alaska. He
reported that the Golden Princess, which will be sailing in
Alaska this season, is currently being retrofitted with three
plants at a cost of about $2.7 million.
2:02:48 PM
REPRESENTATIVE DOOGAN asked what alerts the ship's staff to a
malfunction in the system.
MR. PHILLIPS replied that there is a discoloration and there is
a turbidity alarm on the system that shuts the system down when
there is a malfunction. He said the turbidity alarm does not
actually measure the fecal coliform levels, but that the
increase in turbidity indicates that the system is
malfunctioning. The most common failure is that a membrane
fails and the clear liquid becomes discolored, he said. Another
problem that could occur is blockage of the diffusers that blow
air into the tanks to provide oxygen for the biological actions
to take place, and this would be indicated by a change in
pressure which is monitored.
2:04:17 PM
MR. PHILLIPS, in response to a further question from
Representative Doogan, stated that malfunctions are discovered
relatively quickly. He acknowledged that there are times when
the turbidity can still be fine even though there is a
malfunction. The most common and easy test that is carried out
onboard, he said, is the coliform test which takes a day to get
the results. He noted that a discoloration from one of the
membranes does not necessarily mean that the overboard effluent
is out of compliance.
2:05:21 PM
REPRESENTATIVE JOHNSON inquired as to whether there are any
ships sailing in Alaska waters that only have one wastewater
treatment plant onboard.
MR. PHILLIPS said that the answer is "no" for Princess Cruises,
but that he could not answer the question for the other cruise
lines.
2:05:56 PM
REPRESENTATIVE JOHNSON asked if a ship with only two plants
could still handle the wastewater if one of the plants
malfunctioned.
MR. PHILLIPS responded that because the plants are built for
increased capacity, they could still manage on one. Also, if
needed, the ship would still have the additional holding tanks
onboard.
2:06:30 PM
CHAIR JOHANSEN inquired as to whether these systems are approved
by the U.S. Coast Guard (USCG).
MR. PHILLIPS reported that all of the systems onboard Princess
ships are USCG certified and that they also have International
Maritime Organization (IMO) certification. He clarified that
within the IMO there is no recognition for advanced treatment
plants, only that they meet the sanitation standards for "Type
II". However, they do meet USCG certification for continuous
discharge.
MR. PHILLIPS, in response to a further question from Chair
Johansen, stated that there are engineering staff assigned with
the responsibility of maintenance, as well as an environmental
officer who has direct responsibility to the captain and they
must report anything out of the ordinary. In addition to
monitoring the plant and carrying out tests, the environmental
officer must also monitor the records on a daily basis for
ensuring that notifications and when and where there is
discharge are in accordance with regulations.
2:08:32 PM
REPRESENTATIVE JOHNSON asked whether discharge is continuous, or
as-needed, or does it go into a holding tank.
MR. PHILLIPS related that if a Princess ship has approval for
continuous discharge, it will be discharging continuously as
long as the systems are working properly. The exception is when
the ship is in Glacier Bay, Tracy Arm, or College Fjord [in
Prince William Sound], in which case the treated wastewater goes
into a holding tank and is not discharged until the ship is
outside of Alaskan waters.
MR. PHILLIPS, in response to a further question from
Representative Johnson, said that there are numerous holding
tanks onboard, some of which hold untreated wastewater.
2:10:14 PM
DAVID WETZEL, Admiralty Environmental, stated that his company
is a third party independent firm that provides compliance
sampling and contracted analytical services to cruise lines
operating in Alaska. He noted that his company's third party
independence is the basis for its internal quality programs and
provides accurate and defensible results to the regulatory
agencies involved.
MR. WETZEL discussed the Quality Assurance/Quality Control Plan
(QA/QCP) that was adopted in 1999 after a series of public
meetings. It was later promulgated into federal and state law
and is still in effect today. Under the QA/QCP, each ship is
subjected to two unannounced sampling events for a comprehensive
list of conventional and priority pollutants. Items tested
include traditional wastewater contaminants, organic chemicals,
and trace metals. He said that the QA/QCP undergoes annual
review from the regulatory agencies and all parties involved to
ensure that the sampling program is effective and meets current
regulations. The QA/QCP is a 36 page document that explains in
detail the unannounced sampling program including the purpose,
methods, restriction, quality control, oversight, flow of
information, and other things. Mr. Wetzel reported that his
company develops a schedule of announced sampling events that is
shared with the Department of Environmental Conservation (DEC)
and the USCG, but not with the vessel owners. The agencies are
welcome to attend and observe these sampling events.
MR. WETZEL explained that prior to entering Alaska waters each
vessel is required to produce a Vessel Specific Sampling Plan
(VSSP) that must be approved by both DEC and the USCG. Within
this plan are outlines for all aspects of the ship's treatment
system, including the flow rates, treatment capacity, sampling
procedures, and contingencies in the event of system
malfunction. He said that Admiralty Environmental's samplers
are trained in all aspects of environmental sampling and are
certified samplers through DEC. Each sampler has a full
understanding of the QA/QCP and the VSSP for the specific ships
that they will be sampling. A standard operating procedure is
followed for all sampling and sample handling activities. He
noted that the company's samplers are required to sign a code of
ethics outlining their conduct and the disciplinary action for
any violation of the internal procedures.
MR. WETZEL pointed out that the QA/QCP requires two separate
quality control officers to oversee the project and ensure that
the sampling team and laboratory facilities are following the
plan's provisions. These officers are Mr. Jim Gendron of DEC
and Dr. Lisa Hoferkamp of the University of Alaska Southeast.
He reported that DEC conducts five audits throughout the season
of Admiralty Environmental's sampling events and Dr. Hoferkamp
conducts two separate audits of her own. The audit reports are
shared with DEC, the USCG, and the project manager. The 2006
audit reports showed no major deficiencies, he noted.
Additionally, the quality assurance officers also perform audits
of the laboratory data to ensure its quality.
2:14:54 PM
MR. WETZEL reported that Admiralty Environmental samplers are on
a permanent boarding list for all of the cruise lines so that
they can gain passage for any unannounced sampling event in any
Alaska port. Sampling was performed last season at all of the
major cruise ship destinations in Alaska. He pointed out that
the samplers verify that the ship is discharging overboard prior
to sampling. While onboard the samplers follow procedures and
accompany the ship's environmental officer to the overboard
sampling port where they verify that the port location agrees
with the location outlined in the VSSP. Digital photos are also
taken for documentation. The samplers take detailed field notes
describing the sampling event and fill out a chain of custody
form to accompany the samples to the laboratory. Mr. Wetzel
said that the ship's environmental officer is asked to sign both
documents to verify that the samples were taken from the correct
location when the ship was discharging. When sampling is
completed a copy is collected of the graywater and blackwater
discharge record book that each ship is required to maintain.
MR. WETZEL noted that in addition to the unannounced sampling
program, USCG Regulation 33CFR159 also allows for a continuous
discharge program. He explained that to gain initial
certification for Alaska waters, vessels must submit
satisfactory results from five samples taken over a 30-day
period. These sample results must meet federal limits for
oxygen demand, suspended solids, pH, fecal coliform, and
chlorine. Once certification is granted, vessels must submit
two satisfactory samples monthly to maintain the certification.
This sampling acts as a permitting-type system and is also
monitored by DEC, he said. Of the 26 large ships operating in
the program during the 2006 season, 23 obtained and maintained
this continuous discharge certification. Most of these ships
have maintained this certification during the off-season. All
sampling and analytical procedures for this continuous discharge
program must also follow the procedures in the QA/QCP for the
unannounced program. Therefore, he pointed out, the sampling
quality performed under both programs is essentially the same.
2:18:01 PM
MR. WETZEL stated that all data from unannounced and continuous
discharge monitoring is concurrently delivered to the vessel
owner and the pertinent regulatory agencies. In this way,
Admiralty Environmental's activities are audited and monitored
by the regulatory agencies to ensure quality. Additionally, he
said, Admiralty Environmental is certified by both DEC and the
U.S. Department of Defense and there are severe penalties for
any mishandling of information.
2:18:57 PM
MR. WETZEL, in response to questions from Representative
Johnson, clarified that the two unannounced sampling events are
per season. He explained that the two monthly samples for
maintaining USCG continuous discharge certification are taken by
Admiralty Environmental under a schedule that is proposed by the
vessel. In response to further question, stated that the
penalty for falsification of laboratory data would typically
involve a five-year prison term and a substantial monetary fine.
He said that the EPA in particular is very strict about this
kind of thing.
2:20:49 PM
LYNN TOMICH KENT, Director, Division of Water, Department of
Environmental Conservation, began by saying that the division is
preparing to implement the initiative along with any refinements
to the statute that the legislature might make. She said that
the four changes made by HB 164 are probably most easily
described in terms of their fiscal impacts. The division has
submitted a fiscal note to the committee with the starting point
for the fiscal note with the governor's fiscal year (FY) o8
amended budget, as suggested. The proposed legislation would
significantly reduce the cost of the Ocean Ranger Program. She
explained that the governor's amended budget was based on two
ocean rangers per vessel for coverage 24 hours a day, 7 days a
week. The division estimates that the total cost for
implementing the program under HB 164 is just over $800,000, and
the source of funds would remain the same.
2:23:03 PM
MS. KENT drew attention to page 2 of the fiscal note, which
illustrates that for the program under HB 164 DEC believes it
can reduce its staff from four to two the cost of which would be
about $170,000. The fiscal note also illustrates that the
travel line item has been reduced to about $8,000, which
reflects the travel costs for the DEC staff only, not the ocean
rangers. She then pointed out that HB 164 is silent with regard
to the length of time the ocean ranger will be onboard the
vessel and whether they will travel with the vessel. Committee
staff has indicated that the intent is for the ocean ranger to
only be onboard while the vessel is in port and thus the fiscal
note reflects that the intent is that the ocean ranger will not
travel with the vessel. The division estimates that about seven
ocean rangers will be needed, with one based in Southcentral
Alaska, two in Juneau, two in Ketchikan, and two that would
cover the other Southeast Alaska port facilities. Since the
ocean rangers will only be onboard the vessels while in port,
the contractual funds for berthing of the ocean rangers on board
the vessel are eliminated from the fiscal impacts.
MS. KENT noted that this legislation also focuses the duties of
ocean rangers on wastewater discharge and pollution issues and
ocean rangers would no longer be responsible to ensure that
passengers, crew, and residents at port are protected from
improper sanitation, health, and safety practices. Therefore,
the narrower scope and fewer ocean rangers results in less
training cost. Furthermore, contractual funds for vessel
tracking would be eliminated since HB 164 clarifies that the
vessel tracking information would go directly from the vessels
to the U.S. Coast Guard. She noted that although the fiscal
note continues to include some other contractual items, some of
them have been reduced. Ms. Kent then drew attention to page 1
of the fiscal note, which requires DEC to review the current
fiscal year costs, which is a negative number.
2:27:08 PM
REPRESENTATIVE JOHNSON related his understanding that an ocean
ranger could do no more than two ships per day. However, there
can be up to five ships moored in Juneau at one time. He asked
if [the other ships] would be handled by the mobile rangers.
MS. KENT explained that an ocean ranger who is shore based can
inspect two to possibly three vessels in a day, depending upon
where the vessels are located. The traveling ocean rangers
could supplement that on a large ship day as well as the DEC
program lead. In further response to Representative Johnson,
Ms. Kent related her belief that five ships could be handled in
Juneau if three to four are tied up at the dock and one
anchored.
2:28:56 PM
REPRESENTATIVE DOOGAN inquired as to what the Ocean Ranger
Program under HB 164 is doing that is not being done under the
current program.
MS. KENT answered that under HB 164 the ocean rangers would have
a greater presence as they would be onboard more vessels than
occurs under the current monitoring program. However, they
would review some of the very same things that are currently
reviewed in terms of the analysis of the samples and the
discharge logs.
2:29:48 PM
REPRESENTATIVE DOOGAN surmised then that under HB 164 the ocean
rangers would "essentially be doing over again what's already
being done." He asked if that was Ms. Kent's understanding.
MS. KENT said they would perform similar work, just more of it.
2:30:10 PM
REPRESENTATIVE DOOGAN further surmised that the existing program
that has been in place for five years would presumably continue
no matter what happens with the ocean rangers. He questioned
what the Ocean Ranger Program in HB 164 adds to the existing
program.
MS. KENT explained that the program that Mr. Wetzel described is
the sampling that's required by the vessel owners and operators.
That program provides two per month sampling as well as
independent and unannounced inspections and sampling. The Ocean
Ranger Program would increase the level of independent
inspection and oversight because ocean rangers would be onboard
most vessels, if not all, when those vessels are in port. Ms.
Kent, in further response to Representative Doogan, reiterated
that the ocean rangers will be performing very similar work to
that performed by Mr. Wetzel's program. Therefore, ocean
rangers can take independent sampling.
2:32:06 PM
REPRESENTATIVE JOHNSON posed a situation in which HB 164 doesn't
pass and ocean rangers are onboard vessels all the time. He
inquired as to what those ocean rangers would be doing
differently in such a situation than under the existing program.
He mentioned that having ocean rangers onboard vessels all the
time is more costly than [the existing program].
MS. KENT explained that under the current statute, the ocean
rangers would review discharge and pollution issues as well as
health, safety, and sanitation issues under both state and
federal regulations for passengers, crew, and residents in port.
The aforementioned is a much broader mandate than specified
under HB 164.
2:32:59 PM
CHAIR JOHANSEN mentioned the very detailed federal oversight
document.
2:33:38 PM
REPRESENTATIVE DOOGAN clarified that his concern is what HB 164
does or doesn't add to the existing program. He pointed out
that the plain language of the law doesn't say anything about
ocean rangers conducting any tests on their own, and therefore
he said he understood that ocean rangers wouldn't be doing what
Mr. Wetzel and his staff are doing.
MS. KENT said that there are some redundancies with the existing
programs that would be imposed by the statutes as they are
written.
2:34:29 PM
REPRESENTATIVE JOHNSON related his understanding that there is
actually someone on board performing the federal oversight and
that the state is merely adding another individual.
MS. KENT explained that the onboard environmental officer who is
an employee of the cruise ship companies has onboard
environmental responsibilities. The initiative calls for an
independent observer to ensure the aforementioned work is
performed appropriately.
2:35:23 PM
CHAIR JOHANSEN asked if DEC feels comfortable with the program
in place prior to the initiative.
MS. KENT said that DEC feels that the existing program is very
effective.
2:35:56 PM
CHAIR JOHANSEN, upon determining no one else wished to testify,
announced that HB 164 would be set aside.
The committee took an at-ease from 2:36 p.m. to 2:53 p.m.
^PRESENTATION: PORT OF BELLINGHAM
2:53:49 PM
CHAIR JOHANSEN announced that the next order of business would
be a presentation by the Port of Bellingham.
JIM DARLING, Executive Director, Port of Bellingham Commission,
stated that this is the port's 18th year of visiting Alaska
since starting its contract with the Alaska Marine Highway
System (AMHS). He introduced the port's delegation: Neil
Clement who is responsible for emergency preparedness and
planning; Dan Stahl, the director of marine services; Jim
Jorgensen and Doug Smith, two the three elected port
commissioners; and Scott Walker, and elected port commissioner
and president of the board.
2:55:20 PM
SCOTT WALKER, President, Port of Bellingham Commission, reported
that this is now 18 years of a 20 year contract and that he has
been a port commissioner for almost 16 of those years. He said
that the commission is hoping to extend the contract. He noted
that the AMHS terminal moved from Seattle to Bellingham in 1988
and that the terminal is one of the nicest ever built in the
U.S. He related that there was political outfall when the
building costs were more than expected, and that his election
was part of that outfall. However, since then, the building has
become an icon, including being one of the most popular places
in which to get married.
MR. WALKER stated that improvements to the terminal include the
mid-1990s historical renovation of an old salmon cannery into
the Amtrak and Greyhound station, so the terminal is truly
multi-model with the ferry, train, and bus in one location.
Later, because of the terminal's popularity with the community
for social events, a $1 million renovation was undertaken that
included improvements to the acoustics and the addition of
meeting rooms. In the early 2000s the terminal received a
national scenic highway designation.
MR. WALKER noted that while there are sometimes "ripples in the
waves" between Alaska and Washington, the port commission does
not have much to do with national politics and it has always
been to the commission's benefit to be on Alaska's side. He
mentioned the proposed Washington container tax as an example of
something that is opposed by the port commission as well as the
State of Alaska.
MR. WALKER emphasized that the commission is looking forward to
continuing its partnership with Alaska. He said the total cost
of the terminal was $12 million and that it has been leased to
AMHS under a 20-year contract that included "no escalators". He
related the commission's hope of coming up with something more
realistic to recover the costs of building the terminal. He
said that the marine activity from the AMHS is very important to
the community of Bellingham and is part of its identity.
3:02:13 PM
MR. WALKER, in response to a question from Representative
Doogan, answered that the commission anticipates the rate
increase will be fairly mild and that there will be negotiation.
He acknowledged that Bellingham did put in a low bid in order to
get the AMHS terminal, but that it has lived up its end of the
contract. Therefore the commission would like to negotiate
something that is more equitable.
3:03:12 PM
DAN STAHL, Director, Marine Services, Port of Bellingham,
highlighted some of the key issues that the port is working on
with AMHS staff. He explained that the port is responsible for
the security plans for the terminal and that AMHS is responsible
for the security plans onboard the vessel. The port is looking
to more closely integrate those to ensure that, from a
regulatory perspective, nothing falls through the cracks. He
reported that there are strong and growing transportation links
between Washington's communities. For example, he said, the
Bellingham airport has a new service to augment tourist access
to the AMHS and thereby increase ridership. Delta Airlines now
flies directly from Salt Lake City to Bellingham, he reported,
and Horizon Air is significantly increasing its "seat count"
into Bellingham. The port works very hard on cost containment
to ensure that the terminal provides affordable, high level
service. He stated that the terminal was a purpose-built
facility for the AMHS 20 years ago and that he is confident that
any issues can be worked out for going forward.
3:05:38 PM
REPRESENTATIVE JOHNSON inquired whether any other ferries come
into the Port of Bellingham.
3:05:48 PM
MR. STAHL responded that Washington has one of the largest ferry
systems in the nation. The closest load center for the system
is in Anacortes which is about an hour away from Bellingham. He
said that there does not appear to be any shift that would bring
them to Bellingham, but that there is an open dialog with the
state ferries. There is a private ferry service that runs on a
seasonal basis from Bellingham to the islands, he reported.
MR. STAHL, in response to a further question from Representative
Johnson, stated that the nearest Canadian ferry terminal is in
Tsawwassen just above the border about an hour from Bellingham
and that it connects to Vancouver Island and the Queen Charlotte
Islands.
3:06:40 PM
MR. DARLING stated that the port has had a good working
relationship with the AMHS and that the port will make the fees
workable because it wants to continue the relationship. He
related that the port is sensitive to the economics of the AMHS.
He outlined examples of how the Bellingham community is
connected economically, socially, and culturally to Alaska.
3:07:54 PM
REPRESENTATIVE JOHNSON noted that a regional organization has
been established to discuss creating a type of "Euro pass" for
when the Olympics Games come to western Canada. He asked
whether there is public transportation between the Seattle and
the Bellingham ferry terminal.
3:08:51 PM
MR. DARLING responded that this is a great idea and that one of
the biggest connectors would be Amtrak because a person could
literally get off the ferry and take the train directly to
Vancouver, British Columbia and be at the Olympics. He said
that there is also talk of a private "mosquito fleet" that would
operate between cities like Anacortes and Bellingham and that
this could be in operation by 2010. Additionally, he said, the
State of Washington is focused on what the Olympic Games will do
for the state and transportation is a major issue in that.
3:10:11 PM
CHAIR JOHANSEN stated that this is very important and that he
anticipates the contract will probably be renewed. He said the
Port of Bellingham has done a very good job for which he is very
appreciative. He pointed out the economic importance of the
ferry system not only to Southeast Alaska but the rest of the
state as well.
MR. DARLING responded that the commission is planning to collect
data on those economic benefits and will be sharing that
information with the committee.
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 3:12
p.m.
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