Legislature(2013 - 2014)BUTROVICH 205

04/09/2013 04:00 PM Senate COMMUNITY & REGIONAL AFFAIRS


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04:02:42 PM Start
04:03:16 PM HB131
04:30:28 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 131 ABANDONED AND DERELICT VESSELS TELECONFERENCED
Moved HB 131 Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
    SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                  
                         April 9, 2013                                                                                          
                           4:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Peter Micciche, Chair                                                                                                   
Senator Cathy Giessel, Vice Chair                                                                                               
Senator Dennis Egan                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Click Bishop                                                                                                            
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Paul Seaton                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 131                                                                                                              
"An Act relating to abandoned and derelict vessels."                                                                            
                                                                                                                                
     - MOVED HB 131 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 131                                                                                                                  
SHORT TITLE: ABANDONED AND DERELICT VESSELS                                                                                     
SPONSOR(s): REPRESENTATIVE(s) SEATON                                                                                            
                                                                                                                                
02/20/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/20/13       (H)       CRA, TRA                                                                                               
03/14/13       (H)       CRA RPT 4DP                                                                                            
03/14/13       (H)       DP: REINBOLD, OLSON, NAGEAK, LEDOUX                                                                    
03/14/13       (H)       CRA AT 8:00 AM BARNES 124                                                                              
03/14/13       (H)       Moved Out of Committee                                                                                 
03/14/13       (H)       MINUTE(CRA)                                                                                            
03/21/13       (H)       TRA AT 1:00 PM BARNES 124                                                                              
03/21/13       (H)       Moved Out of Committee                                                                                 
03/21/13       (H)       MINUTE(TRA)                                                                                            
03/22/13       (H)       TRA RPT 6DP                                                                                            
03/22/13       (H)       DP: LYNN, FEIGE, ISAACSON, GATTIS,                                                                     
                         KREISS-TOMKINS, P.WILSON                                                                               
04/05/13       (H)       TRANSMITTED TO (S)                                                                                     
04/05/13       (H)       VERSION: HB 131                                                                                        
04/06/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/06/13       (S)       CRA                                                                                                    
04/09/13       (S)       CRA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE PAUL SEATON                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 131.                                                                                        
                                                                                                                                
JOY BAKER, Harbormaster                                                                                                         
City of Nome Port Facility                                                                                                      
Nome, Alaska                                                                                                                    
POSITION STATEMENT: Supports HB 131.                                                                                          
                                                                                                                                
CARL UKATEL, Port Director                                                                                                      
Docks and Harbors-City and Borough of Juneau, and                                                                               
Vice President                                                                                                                  
Alaska Association of Harbormasters and Port Administrators                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Supports HB 131.                                                                                          
                                                                                                                                
MICHAEL LUKSHIN, State Ports & Harbors Engineer                                                                                 
Alaska Department of Transportation & Public Facilities                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Supports HB 131                                                                                           
                                                                                                                                
RACHEL LORD, Outreach & Monitoring Coordinator                                                                                  
Cook Inletkeeper, and                                                                                                           
Statewide Coordinator                                                                                                           
Alaska Clean Harbors Program                                                                                                    
Homer, Alaska                                                                                                                   
POSITION STATEMENT: Supports HB 131.                                                                                          
                                                                                                                                
BRYAN HAWKINS, Port Director/Harbormaster                                                                                       
Port & Harbor-City of Homer                                                                                                     
Homer, Alaska                                                                                                                   
POSITION STATEMENT: Supports HB 131.                                                                                          
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
4:02:42 PM                                                                                                                    
CHAIR PETER MICCICHE called the Senate Community and Regional                                                                 
Affairs Standing Committee meeting to order at 4:02 p.m. Present                                                                
at the call to order  were Senators Egan, Vice-Chair Giessel, and                                                               
Chair Micciche.                                                                                                                 
                                                                                                                                
                                                                                                                                
             HB 131-ABANDONED AND DERELICT VESSELS                                                                          
                                                                                                                                
4:03:16 PM                                                                                                                    
CHAIR  MICCICHE  announced  that  the order  of  business  was  a                                                               
hearing  on HB  131, an  Act  related to  abandoned and  derelict                                                               
vessels, sponsored by Representative Paul Seaton.                                                                               
                                                                                                                                
4:03:30 PM                                                                                                                    
REPRESENTATIVE PAUL SEATON, Alaska  State Legislature, sponsor of                                                               
HB  131,  explained  that  the  bill was  primarily  based  on  a                                                               
resolution  that   was  passed  by  the   Alaska  Association  of                                                               
Harbormasters and Port Administrators  (AAHPA). He explained that                                                               
AAHPA  was an  organization  of port  directors  from around  the                                                               
state that encompassed most of  the municipal harbors. He said he                                                               
would show  the committee the problems  associated with abandoned                                                               
and derelict vessels with a slide show.                                                                                         
                                                                                                                                
REPRESENTATIVE  SEATON  addressed   slides  of  various  derelict                                                               
vessels as follows:                                                                                                             
                                                                                                                                
   · Cordova Harbor, 117' landing craft that sank, it was two                                                                   
     years before  all the logistics and  legal impediments could                                                               
     be contained  and it cost over  $1.2 million by the  time it                                                               
     was over.                                                                                                                  
   · Valdez Harbor, noted the difficulties involved with                                                                        
     recoveries due to oil onboard.                                                                                             
   · Wintertime sinking, typical in many coves throughout Alaska                                                                
     where  people  have a  boat  that  had  gotten old  and  was                                                               
     abandoned.                                                                                                                 
   · Bethel area, an abandoned barge on a river.                                                                                
   · Interior Alaska river, a converted vessel from commercial                                                                  
     to  houseboat.  He  noted  that typically  when  a  boat  is                                                               
     converted to  a houseboat,  the resident  does not  have the                                                               
     resources for upkeep  and pretty soon it  becomes a derelict                                                               
     vessel.                                                                                                                    
   · Bethel area, multiple abandoned barges that were old and                                                                   
     abandoned. He  said the abandoned  barges become not  only a                                                               
     problem for eye-sores, but one  vessel's fuel contaminated a                                                               
     village's water supply.                                                                                                    
   · Kachemak Bay, right across from Homer, two vessels sank                                                                    
     with  $250,000 spent  to  pull the  vessels  out during  the                                                               
     winter. He explained that fuel had to be recovered and the                                                                 
     vessels hauled ashore for disposal.                                                                                        
   · Abandoned vessel that had become a navigational hazard. He                                                                 
     noted that with just one buoy, the vessel could be missed                                                                  
     at night.                                                                                                                  
   · Abandoned vessel with an aircraft on top, he called it an                                                                  
     "Alaska aircraft carrier."                                                                                                 
                                                                                                                                
4:07:23 PM                                                                                                                    
REPRESENTATIVE SEATON explained that part  of the problem was the                                                               
dual  authority   between  the   Alaska  Department   of  Natural                                                               
Resources  (DNR) and  the Department  of Transportation  & Public                                                               
Facilities  (DOT&PF).  He explained  that  DNR  had authority  to                                                               
manage the waters,  but DOT&PF had harbor  authority for derelict                                                               
vessels.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SEATON  said HB  131 addresses  a very  costly and                                                               
growing  problem with  abandoned and  derelict vessels.  He noted                                                               
that  a large  number  of  vessels had  gone  out of  commercial-                                                               
service from barge transportation or  due to the consolidation of                                                               
the fisheries  in the North Pacific.  He explained that a  lot of                                                               
boats  were retired  from the  fisheries  and sold  to people  as                                                               
live-aboards. He  declared that the problem  with live-aboards is                                                               
that  people   buy  the  retired  boats   without  the  financial                                                               
stability and wherewithal to maintain them.                                                                                     
                                                                                                                                
He  explained  that  harbors were  originally  state-harbors.  He                                                               
detailed  that  DOT&PF  received   the  authority  to  deal  with                                                               
abandoned and derelict vessels, but  the DNR controlled the lands                                                               
and  waters.  He  disclosed   that  DOT&PF's  responsibility  and                                                               
authority ultimately  did not exist.  He explained that  over the                                                               
past 20  years, most harbors were  transferred to municipalities,                                                               
but the  authority had  not been transferred  from DOT&PF  to the                                                               
municipalities.  He disclosed  that the  end result  with harbors                                                               
has placed  municipalities in limbo  when dealing  with abandoned                                                               
and derelict vessels.                                                                                                           
                                                                                                                                
4:09:52 PM                                                                                                                    
REPRESENTATIVE SEATON  reviewed the sectional analysis  of HB 131                                                               
as follows:                                                                                                                     
                                                                                                                                
   · Section 1, maintains that a person may not store a                                                                         
     derelict vessel  or abandoned vessel  in the  waters of                                                                    
     the  state, that  is out  to  the three  mile limit,  a                                                                    
     state or  municipal port,  or private  property without                                                                    
     consent.                                                                                                                   
   · Section 2, hazardous derelict vessel may be removed                                                                        
     from the  state by a  state agency, a  municipality, or                                                                    
     peace officer.                                                                                                             
   · Section 3, if a vessel is denied entrance into a                                                                           
     harbor, all  of the  hazardous materials  and petroleum                                                                    
     products must be  removed from the vessel  before it is                                                                    
     stored for over 14 days in state waters.                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON explained  that Section  3 addresses  what                                                               
happened during  the Jakolof Bay  situation where two  boats were                                                               
denied  entrance  into the  Homer  Harbor  because they  were  in                                                               
unsound  and unfit  condition. He  continued that  the two  boats                                                               
ultimately  were  taken across  [Kachemak  Bay]  and anchored  in                                                               
Jakolof Bay.  He stated that  if there  was no fuel  onboard, the                                                               
owner  could  have  returned  in   the  spring  and  handled  the                                                               
situation, but the  Coast Guard had to be  involved with $250,000                                                               
spent on the operation. He  explained the situation of having the                                                               
vessel in  DOT&PF's hands, anchored  on DNR waters, and  the need                                                               
for a memorandum  of understanding between the  agencies in order                                                               
to return  the boats to Homer  for storage. He detailed  that the                                                               
DNR still has  the liability for the vessels  because they placed                                                               
them in  private ownership storage and  guaranteed responsibility                                                               
at the facility.                                                                                                                
                                                                                                                                
REPRESENTATIVE  SEATON   continued  the  sectional   analysis  as                                                               
follows:                                                                                                                        
                                                                                                                                
   · Section 4, vessel left unattended for 30 consecutive                                                                       
     days on state or  private property without consent, may                                                                    
     be removed  and disposed of  by either state  agency or                                                                    
     municipality, or peace officer.                                                                                            
   · Section 5, outside of organized municipalities, a                                                                          
     vessel may  be left unattended for  more 30 consecutive                                                                    
     days if it is considered  an acceptable local practice.                                                                    
     We wanted to  make sure that people come  in with their                                                                    
     skin-boats  or boats  on the  river systems;  they turn                                                                    
     them  upside down  and store  them. We  wanted to  make                                                                    
     sure  we  did not  have  an  unintended consequence  of                                                                    
     making something  illegal which  was a  common practice                                                                    
     for vessels that would be used.                                                                                            
   · Section 6, on taking a vessel into custody, the                                                                            
     municipality  or state  agency must  attempt to  notify                                                                    
     the owners of record, 20  days prior to repossession of                                                                    
     the  vessel. A  lot of  times the  problem is  that the                                                                    
     numbers are  gone, the records  are off, and  the owner                                                                    
     of record just cannot be found at all.                                                                                     
   · [Section 7 was not addressed.]                                                                                             
   · Section 8, a public auction for a repossessed vessel                                                                       
     is  not needed  if  the appraised  value  is less  than                                                                    
     $100. The  appraisal would have  to be done  by someone                                                                    
     that can do appraisals. If  it is less than $100, there                                                                    
     can  be  an  advertisement  in the  paper  for  general                                                                    
     circulation.                                                                                                               
                                                                                                                                
4:13:19 PM                                                                                                                    
SENATOR  MICCICHE addressed  Section  5 regarding  the barges  in                                                               
Bethel and asked at what point,  even if it was customary, was it                                                               
determined that something had to be  done when it was obvious the                                                               
owner was not coming back.                                                                                                      
                                                                                                                                
REPRESENTATIVE  SEATON  answered  that the  situation  in  Bethel                                                               
would be  outside of  the municipality and  would be  the state's                                                               
obligation.  He said  the problem  was  the state  really had  no                                                               
authority and  noted a 14 day  limit could be assessed,  but with                                                               
no penalty or real authority  for taking possession and disposing                                                               
of the  abandoned vessels. He concluded  that determination would                                                               
ultimately be done by either a  peace officer, state agency, or a                                                               
municipality.                                                                                                                   
                                                                                                                                
SENATOR MICCICHE asked if someone did  not come back for a season                                                               
with the vessel falling into  disrepair and ultimately abandoned,                                                               
at what point would the state deal with the vessel.                                                                             
                                                                                                                                
REPRESENTATIVE SEATON replied that the  state could deal with the                                                               
vessel  at that  point  in time.  He said  the  problem has  been                                                               
getting  the  authority  to  deal  with it  because  it  was  not                                                               
specifically laid out in statute.                                                                                               
                                                                                                                                
REPRESENTATIVE  SEATON  continued  to  review  Sections  9-14  as                                                               
follows:                                                                                                                        
                                                                                                                                
   · Section 9, a bill of sale is required for any                                                                              
     transfers, so  if someone  wants to  sell one  of these                                                                    
     vessels at  auction, there  has to be  a bill  of sale.                                                                    
     You cannot just say you are  giving it to "John" and he                                                                    
     is now responsible for it.                                                                                                 
   · Section 10, a vessel is considered derelict if it is                                                                       
     left  unattended for  24  consecutive  hours under  the                                                                    
     following  conditions: is  sunk, sinking,  or posing  a                                                                    
     threat,  or has  been moored  or left  in state  waters                                                                    
     illegally with  no current  registration and  the owner                                                                    
     cannot  be determined.  I think  that goes  to some  of                                                                    
     your questions Mr. Chairman.                                                                                               
   · Section 11, when a municipality or state agency or                                                                         
     peace  officer takes  possession of  the derelict  they                                                                    
     must  publish a  notice  of  the intended  disposition,                                                                    
     post notice,  and serve the  registered owners  if they                                                                    
     are known,  or the financiers  with notice if  there is                                                                    
     financial backers.                                                                                                         
   · Section 12, a vessel at a repair business is                                                                               
     considered abandoned  if the following  conditions have                                                                    
     been  met:  the  vessel  has been  towed  or  requested                                                                    
     repairs have  been performed  and no  authorization has                                                                    
     been given  for further  services, the state  agency or                                                                    
     municipality and  owner are notified and  the vessel is                                                                    
     not claimed 30  days after the notice.  There have been                                                                    
     a real problem,  also not only in state,  but there has                                                                    
     not  been  authority well  established  for  what is  a                                                                    
     repair yard  do and  somebody brings something  in, has                                                                    
     some minor repair, and then  leaves the vessel, so this                                                                    
     establishes that ability.                                                                                                  
   · Section 13, defines municipal state agency vessel in                                                                       
     waters of the state.                                                                                                       
   · Section 14, is the repeal of the DOT&PF regulation                                                                         
     authority  to implement  the abandoned  statute as  the                                                                    
     authority is now being transferred  to any of the state                                                                    
     agencies as well as municipalities.                                                                                        
                                                                                                                                
4:17:00 PM                                                                                                                    
SENATOR MICCICHE explained  that the bill has a  zero fiscal note                                                               
because it's  just an authorization,  but separate  funding would                                                               
be required if DEC chooses to assist.                                                                                           
                                                                                                                                
REPRESENTATIVE SEATON agreed. He said  HB 131 would establish the                                                               
legal authority  by the different agencies  and municipalities to                                                               
deal with  abandoned and  derelict vessels,  not to  establish or                                                               
transfer money to perform the task.                                                                                             
                                                                                                                                
SENATOR MICCICHE opened public testimony.                                                                                       
                                                                                                                                
4:17:58 PM                                                                                                                    
JOY BAKER, Harbor  Master, City and Port of  Nome, announced that                                                               
Nome supported the passage of  HB 131 regarding the abandoned and                                                               
derelict  vessels. She  said Nome  would consider  the bill  as a                                                               
great mechanism or  tool for extending the same  authority on the                                                               
municipalities  and  boroughs that  were  currently  held by  the                                                               
state  for handling  abandoned and  derelict  vessels. She  noted                                                               
that Nome  had dealt with  abandoned and derelict vessels  in the                                                               
past. She  said municipalities and  boroughs, with  limited means                                                               
of authority,  often became  the facilitator  in the  removal and                                                               
the disposal of  the majority of abandoned  and derelict vessels.                                                               
She said  abandoned and derelict  vessels were  primarily located                                                               
in and around municipal facilities,  often forcing a municipality                                                               
to  work  around them.  She  explained  that municipalities  were                                                               
faced with  limited authority and  limited access to  the funding                                                               
sources. She divulged  that it could take several  years to fully                                                               
dispose  of a  derelict vessel.  She said  Nome thought  the bill                                                               
would  be a  great  modification  to the  existing  law and  Nome                                                               
supported the changes purposed in HB 131.                                                                                       
                                                                                                                                
4:19:28 PM                                                                                                                    
CARL UKATEL,  Port Director, Docks  and Harbors-City  and Borough                                                               
of   Juneau,   and   Vice  President,   Alaska   Association   of                                                               
Harbormasters  and Port  Administrators, said  AAHPA's Resolution                                                               
2012-12  set forth  strong  support to  the  proposed changes  in                                                               
Alaska Statute: AS  30.30 for abandoned and  derelict vessels. He                                                               
said AAHPA  believed delegation of authority  under state statute                                                               
to  local municipalities  was a  step in  the right  direction in                                                               
turning the tide of abandoned and derelict vessels in the state.                                                                
He said  the condition of  vessels operating in the  state waters                                                               
of Alaska was diverse, from  modern yachts and well maintained 80                                                               
year old  wooden trawlers, to  decrepit live-aboards and  turn of                                                               
the  century  abandoned tug  boats.  He  said harbormasters  were                                                               
consistently looking for  tools to help best  manage their harbor                                                               
facilities  while  keeping  a  virulent   eye  on  vessels  which                                                               
encroached on tidelands, an action that  they may or may not have                                                               
authority  to  act  upon.  He said  the  proposed  authority  was                                                               
necessary  throughout  the  state,   but  especially  in  smaller                                                               
coastal  and riverine  communities  where  legal and  enforcement                                                               
resources   were  not   readily  available   to  deal   with  the                                                               
liabilities  and hazards  of abandoned  and derelict  vessels. He                                                               
said  the  construction  and operations  of  harbors,  by  DOT&PF                                                               
shortly after statehood, resulted  in regulations which empowered                                                               
only  DOT&PF to  effectively  deal with  troublesome vessels.  He                                                               
said expanding the language to  not only DOT&PF, but other state,                                                               
local,  and   municipal  agencies   would  appear  to   be  sound                                                               
legislation. He said the proposed  delegation of authority to the                                                               
local municipalities  would help refine the  relationship between                                                               
the  state and  city/borough responsibilities.  He said  the bill                                                               
would  enable harbormasters  and communities  with limited  legal                                                               
resources  or  limited  ordinances  to  act  with  confidence  in                                                               
prosecuting  derelict   and  abandoned   vessels.  He   said  the                                                               
modifications  to  check  AS  30.30 appeared  to  have  in  place                                                               
sufficient authority  which encouraged the state  or municipality                                                               
to act  in a timely  manner before a  vessel was an  extremis. He                                                               
said  acting  in  a  timely  manner  was  important  because  the                                                               
disposal  cost associated  with a  vessel that  was afloat  was a                                                               
small fraction of  what it would cost for a  vessel that takes on                                                               
water, was submerged, or discharged fuel or oil.                                                                                
                                                                                                                                
4:22:31 PM                                                                                                                    
MICHAEL  LUKSHIN,   State  Ports   &  Harbors   Engineer,  Alaska                                                               
Department of Transportation & Public  Facilities, said he was in                                                               
attendance to  speak in support of  HB 131. He explained  that AS                                                               
30.30 was  originally created in  1975, under the  old Department                                                               
of  Public  Works,  an  agency  that  owned  100  public  harbors                                                               
throughout  the state.  He  said  as a  steward  of those  public                                                               
harbors, it  was important  for the  former Department  of Public                                                               
Works  to have  an effective  means  to deal  with abandoned  and                                                               
derelict vessels.  He said  when the  Department of  Public Works                                                               
merged  with  the Department  of  Highways  to form  the  present                                                               
DOT&PF   in   1977,   the   new   department   inherited   harbor                                                               
responsibilities and  AS 30.30  to the  present day.  He revealed                                                               
that since  the mid-1980s, DOT&PF  had been under  direction from                                                               
the  legislature  and  the administration  to  transfer  Alaska's                                                               
public harbors  back in the  hands of local governments  under AS                                                               
35.10.120. He  noted that  DOT&PF had  transferred 75  percent of                                                               
those public  harbors back in  the hands of local  government. He                                                               
explained that while it was  good to have Alaska's public harbors                                                               
under local  control, the  state had not  fully delegated  all of                                                               
its  powers to  the  municipalities that  owned, maintained,  and                                                               
managed their  harbors. He said AS  30.30 was a good  law, but it                                                               
was  too narrow  and  required  to be  broadened  to include  the                                                               
municipalities. He said DOT&PF did  not have funding or personnel                                                               
for an  abandoned and derelict  vessel problem and that  was part                                                               
of  the problem  that was  presently  being dealt  with. He  said                                                               
DOT&PF also had a related  problem with other state agencies when                                                               
authority  delegation  was  required.   He  said  state  agencies                                                               
outside  of  DOT&PF  required   their  authorization  to  address                                                               
abandoned or  derelict boats, a  cumbersome process.  He referred                                                               
to the  recent case when two  boats sank in Jakolof  Bay; the F/V                                                               
Kuperonoff and  the F/V Leading  Lady near Seldovia. He  said the                                                               
Coast Guard, DNR  and DEC responded to the  incident, but neither                                                               
DNR  nor DEC  was  in  a position  to  utilize  AS 30.30  without                                                               
DOT&PF's  permission.  He  said  DNR had  to  wait  for  DOT&PF's                                                               
delegation,  which came  several  days after  the sunken  vessels                                                               
were raised.  He explained that  the oil and  other environmental                                                               
pollutants had  to be removed  with the vessels  ultimately moved                                                               
to Homer  for disposal. He  summarized that DOT&PF  supported the                                                               
proposed changes in HB 131.                                                                                                     
                                                                                                                                
4:25:46 PM                                                                                                                    
RACHEL   LORD,   Outreach    &   Monitoring   Coordinator,   Cook                                                               
Inletkeeper, Statewide  Coordinator for the Alaska  Clean Harbors                                                               
Program  (ACHP), said  ACHP was  a  voluntary state-wide  program                                                               
that worked  with harbormasters on improving  resources and tools                                                               
for waste management, pollution  prevention, and customer service                                                               
activity.  She said  HB  131 was  a strong  step  to improve  the                                                               
ability  of Alaska's  municipalities and  state agencies  to deal                                                               
effectively with  abandoned and  derelict vessels  along Alaska's                                                               
vast coast  line. She continued that  many coastal municipalities                                                               
lacked  the  legal  framework within  their  municipal  codes  to                                                               
navigate  the seas  of  maritime laws  to  effectively deal  with                                                               
abandoned and  derelict vessels.  She stated  that no  longer the                                                               
owner of  the majority  of Alaska harbors,  DOT&PF does  not have                                                               
the staffing or  mandate to solely manage  abandoned and derelict                                                               
vessels  in harbors  in  state waters  as  specified in  Alaska's                                                               
current  statutes.   She  recommended  looking  to   states  like                                                               
Washington  where millions  of  dollars was  spent  to deal  with                                                               
abandoned and  derelict vessels on  their coasts and  rivers. She                                                               
explained  that  the  high cost  associated  with  abandoned  and                                                               
derelict vessels  had [cutoff]  legislative action  to coordinate                                                               
efforts  and provide  a structure  to address  real environmental                                                               
and  financial concerns.  She said  HB  131 would  help to  begin                                                               
moving in a  common sense direction with immediate  changes to an                                                               
outdated state statute.  She explained that Alaska  had enjoyed a                                                               
relatively young fleet of actively  working vessels. She asserted                                                               
that as  the Alaska fleet continued  to age, the not  too distant                                                               
future would  likely have  the state  drowning in  derelicts. She                                                               
said  in addition  to municipal  harbors, derelict  and abandoned                                                               
vessels  were increasingly  littering  Alaska's coastline,  while                                                               
sharing the  waters with  commercial, subsistence,  and shellfish                                                               
bed fisheries.  She said ACHP  strongly supported  and encouraged                                                               
the passing of HB 131.                                                                                                          
                                                                                                                                
4:27:44 PM                                                                                                                    
BRYAN  HAWKINS, Harbormaster  and Port  Director, City  of Homer,                                                               
said the City of Homer passed  Resolution 13-026 in support of HB
131.  He  said derelict  and  abandoned  vessels were  a  growing                                                               
problem in Alaska  and HB 131 was a step  in the right direction.                                                               
He said HB 131 was a  good conversation starter that would act as                                                               
a  good  communications  tool  between  city  harbors,  DNR,  and                                                               
DOT&PF. He  emphasized that the  bill would provide  an effective                                                               
tool  towards  taking early  action  to  deal with  derelict  and                                                               
abandoned vessels before owners had a chance to get out of town.                                                                
                                                                                                                                
SENATOR MICCICHE closed public testimony.                                                                                       
                                                                                                                                
4:29:31 PM                                                                                                                    
SENATOR  GIESSEL moved  to report  HB  131, version  28-LS0519\A,                                                               
from committee with individual  recommendations and attached zero                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
4:29:46 PM                                                                                                                    
SENATOR  MICCICHE remarked  that [coastal]  committee members  in                                                               
attendance represented  Seward, Homer,  and Juneau. He  said with                                                               
no  objection,  HB  131  passed from  the  Senate  Community  and                                                               
Regional Affairs  Committee with individual  recommendations [and                                                               
attached zero fiscal notes].                                                                                                    
                                                                                                                                
4:30:28 PM                                                                                                                    
There  being  no  further  business to  come  before  the  Senate                                                               
Community & Regional Affairs  Committee, Chair Micciche adjourned                                                               
the hearing at 4:30 p.m.                                                                                                        
                                                                                                                                

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