Legislature(2021 - 2022)BUTROVICH 205
03/18/2022 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SJR23 | |
| SB180 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 79 | TELECONFERENCED | |
| += | SB 180 | TELECONFERENCED | |
| *+ | SJR 23 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
March 18, 2022
3:37 p.m.
DRAFT
MEMBERS PRESENT
Senator Peter Micciche, Vice Chair
Senator Gary Stevens
Senator Jesse Kiehl
Senator Scott Kawasaki
MEMBERS ABSENT
Senator Joshua Revak, Chair
Senator Click Bishop
Senator Natasha von Imhof
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 23
Expressing the support of the Alaska State Legislature for
naming the mountain between Cedar Ridge and Hope Peak south of
Anchorage after Gail Phillips.
- MOVED SJR 23 OUT OF COMMITTEE
SENATE BILL NO. 180
"An Act relating to commercial passenger vessel environmental
compliance; relating to commercial passenger vessel fees;
establishing the wastewater infrastructure grant fund; repealing
the authority for citizens' suits relating to commercial
passenger vessel environmental compliance; repealing the
commercial passenger vessel recognition program; and providing
for an effective date."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 79(FIN)
"An Act relating to sport fishing operators and sport fishing
guides; requiring the Department of Fish and Game to prepare and
submit a report; and providing for an effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SJR 23
SHORT TITLE: SUPPORTING NAMING MTN AFTER GAIL PHILLIPS
SPONSOR(s): SENATOR(s) OLSON
02/22/22 (S) READ THE FIRST TIME - REFERRALS
02/22/22 (S) RES
03/18/22 (S) RES AT 3:30 PM BUTROVICH 205
BILL: SB 180
SHORT TITLE: PASSENGER VESSEL ENVIRONMENTAL COMPLIANCE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/04/22 (S) READ THE FIRST TIME - REFERRALS
02/04/22 (S) RES, FIN
02/14/22 (S) RES AT 3:30 PM BUTROVICH 205
02/14/22 (S) Heard & Held
02/14/22 (S) MINUTE(RES)
03/18/22 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
SENATOR DONNY OLSON
Alaska State Legislator
Juneau, Alaska
POSITION STATEMENT: Sponsor of SJR 23.
BRIX HAHN, Staff
Senator Donny Olson
Anchorage, Alaska
POSITION STATEMENT: Provided information related to SJR 23 on
behalf of the sponsor.
KERIANN BAKER, Director
Member Relations
Homer Electric Association
Homer, Alaska
POSITION STATEMENT: Testified in support of SJR 23.
KATHRYN DEBARDELABEN, Representing Self
Soldotna, Alaska
POSITION STATEMENT: Shared testimony in support of SJR 23.
STEVEN DEBARDELABEN Representing Self
Soldotna, Alaska
POSITION STATEMENT: Shared testimony in support of SJR 23.
KATHRYN THOMAS, Representing Self
Kasilof, Alaska
POSITION STATEMENT: Testified in support of SJR 23.
ROBIN PHILLIPS, representing the family of Gail Phillips
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SJR 23.
EMMA POKON, Deputy Commissioner
Office of the Commissioner
Department of Environmental Conservation
Juneau, Alaska
POSITION STATEMENT: Provided responses to the questions the
committee asked during the introductory hearing on SB 180.
TERRI LOMAX, Environmental Program Manager
Water Quality Standards, Assessment & Restoration Program
Division of Water
Department of Environmental Conservation
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
180.
LAURA ACHEE, Legislative Liaison
Department of Environmental Conservation
Juneau, Alaska
POSITION STATEMENT: Provided information during the hearing on
SB 180.
ACTION NARRATIVE
3:37:25 PM
VICE CHAIR MICCICHE called the Senate Resources Standing
Committee meeting to order at 3:37 p.m. Present at the call to
order were Senators Kiehl, Stevens, Kawasaki, and Vice Chair
Micciche.
SJR 23-SUPPORTING NAMING MTN AFTER GAIL PHILLIPS
3:38:36 PM
VICE CHAIR MICCICHE announced the consideration of SENATE JOINT
RESOLUTION NO. 23 Expressing the support of the Alaska State
Legislature for naming the mountain between Cedar Ridge and Hope
Peak south of Anchorage after Gail Phillips.
3:38:57 PM
SENATOR DONNY OLSON, Alaska State Legislator, Juneau, Alaska,
sponsor of SJR 23, read the following sponsor statement:
[Original punctuation provided.]
Born in Juneau and raised in Nome, the late Speaker of
the House, Gail Phillips, was an Alaskan at heart. She
left an impression on the political minds and
philanthropic hearts of Alaskans.
In her lifetime, she spent years working for local
airlines, teaching, serving on the board of Iditarod
Trail Race Committee, owned a sporting goods shop,
lead the Homer Chamber of Commerce, was elected to
Homer's City Council, served on the board of the Kenai
Peninsula Borough Assembly, mined for gold on the
Seward Peninsula and, of course, served in the Alaska
House of Representatives.
She brought together urban republicans and rural
democrats to form a coalition that she led as Speaker
of the House for two consecutive terms. Following her
political career, Gail worked as executive director of
the Exxon-Valdez Oil Spill Trustees, and upon
retirement she mentored future politicians and
consulted for natural resource development in Alaska.
Upon her death, she was actively serving on the boards
of the Iditarod Trail Race Foundation and the Alaska
Aviation Museum. She was involved in her church,
Anchor Park United Methodist and all her grandsons'
activities.
She was a daughter, sister, wife, mother, aunt and
grandmother. Her leadership was not limited to
politics alone, her entire family benefitted from her
guidance that she learned at the knee of Alaska State
Territorial Representative, L.E. Ost, her grandfather.
Mountains are stable, strong and brave, Gail Phillips
lived her life with these defining attributes.
Her family and I are now advocating for one of her
favorite mountains on the Kenai Peninsula to be named
in her honor.
3:41:45 PM
SENATOR STEVENS commented that it is a deserving honor to name a
peak in honor Gail Phillips.
SENATOR OLSON agreed and noted that he was beyond impressed when
he was invited to clean up time at the gold mining facility
where she worked.
3:42:35 PM
VICE CHAIR MICCICHE commented on her distinguished life and said
he learned from the Phillips family about the importance of
naming this peak in her honor.
SENATOR STEVENS asked what the process is to name a mountain.
SENATOR OLSON deferred the question to Ms. Hahn.
3:44:10 PM
BRIX HAHN, Staff, Senator Donny Olson, Anchorage, Alaska,
relayed that it is necessary to wait five years after the death
for the mountain to be named and appear on federal maps.
Legislative Legal Services advised the sponsor to write a
resolution as opposed to legislation to support the idea of
naming the peak more quickly.
SENATOR STEVENS asked if a geographic agency has to approve the
naming.
MS. HAHN answered yes and she would follow up in writing with
the name of the agency.
3:45:00 PM
SENATOR KIEHL asked whether the peak currently had a name or if
it was unnamed.
MS. HAHN answered that it is unnamed.
SENATOR KIEHL asked whether there was a traditional Athabascan
place name for the peak.
MS. BRUNE answered that she didn't know but would find out and
follow up in writing.
SENATOR KIEHL expressed interest in getting that information at
some point in the process.
3:46:09 PM
SENATOR KAWASAKI conveyed that the U.S. Board of Geographic
Names was the federal agency in charge of geographic names. He
explained that once the board completes its process a member of
Congress sponsors the legislative process to officially name the
peak or other location and then the name can appear on federal
maps. If any person of Congress opposes the name change, the
process is held up. He noted that this is what delayed the name
change from Mt. McKinley to Denali.
3:47:32 PM
VICE CHAIR MICCICHE opened public testimony on SJR 23.
3:47:56 PM
KERIANN BAKER, Director of Member Relations, Homer Electric
Association, Homer, Alaska, said she didn't know of a mountain
that could do Gail Phillips justice. She was a dynamic
personality who was very supportive of her community. She is
missed.
3:48:59 PM
KATHRYN DEBARDELABEN, Representing Self, and STEVEN
DEBARDELABEN, representing self, Soldotna, Alaska, shared
delivery of the following testimony in support of SJR 23:
We ask committee members to support SJR 23 because:
• Gail is a friend of our family, and has been
since before we were born. We consider her a part
of this family.
• She always included all the kids in conversations
and listened to our ideas and our opinions.
• We learned from Gail that we all have an
opportunity to participate in government and the
legislature.
• Gail loved Alaska. You could tell by the stories
she told, the stuff in her house, and how proud
she was of Alaska's history.
•
We brought a picture of us with Gail's mountain. Thank
you for listening and we encourage for you to vote for
this mountain to be named after our friend Gail
Phillips.
3:50:21 PM
At ease.
3:50:50 PM
VICE CHAIR MICCICHE reconvened the meeting.
3:50:59 PM
KATHRYN THOMAS, Representing Self, Kasilof, Alaska, stated that
her testimony would share Gail Phillips' obvious love of Alaska
and her desire to see opportunities for Alaska. She said she
worked on Gail Phillips' campaign for state House and quickly
realized that people found Gail friendly and approachable. She
also came to admire Gail's work ethic, drive, tenacity, and her
ability to bring people together. People throughout the state
looked at her as an old and close friend because she supported
their visions and endeavors.
MS. THOMAS highlighted that when Gail was elected Alaska was
facing major budget issues. Companies were canceling major
prospects and declining to fund existing projects. In an effort
to sustain the economy, Alaska business organizations banded
together with an "Open for Business" campaign and motto. Gail
Phillips was their friend in Juneau. Her office was accessible,
she helped to find middle ground on major legislation, and she
facilitated meetings between businesses and regulators. She
traveled with the organization and added credibility to their
efforts to make changes to encourage development and investment
in Alaska. She highlighted that during her tenure in the House,
Alaska businesses were able to pass tort reform legislation and
devote a windfall tax settlement to establish a budget reserve
account.
MS. THOMAS said Gail's vision for Alaska came down to roads and
education. She understood how far it is from Nome to Juneau, the
wealth of natural resources in those miles, and the potential
for local jobs in the development of the resource. She saw the
need for roads and airports to provide access, reduce the cost
of living, and allow generations to continue to live on their
home ground. Gail understood that the vast miles from Nome to
Juneau held diverse cultures, people, and villages that were
leaving a subsistence lifestyle in one generation and learning
to manage a board room and billion dollar contracts. She was
acutely aware of the need for education so Alaskans could guide
their own future.
MS. THOMAS said Gail believed in the people of Alaska, their
can-do spirit to protect the state's environment, develop its
resources, and hold themselves and others accountable. She never
hesitated to share this view with outside interests who
criticized Alaskans and tried to limit their growth.
MS THOMAS concluded saying that if Alaska had an official
designation for a state cheerleader, Gail Phillips would meet
the criteria. She urged the committee to pass SJR 23 because
naming this mountain in her honor was a beautiful recognition of
her dedication to Alaskans and to her beloved state of Alaska.
3:55:39 PM
ROBIN PHILLIPS, representing the family of Gail Phillips,
Anchorage, Alaska, thanked the committee for its time in
considering the resolution and expressed hope that it would be
forwarded. Responding to an earlier question, she said she
believes the peak currently is unnamed, but the family will help
the sponsor look into that further.
MS. PHILLIPS said her mother played a large role in the family
and was a striking person wherever she went, much like the
mountains in Alaska. She expressed appreciation for the previous
testimony and hope that committee would support the resolution.
3:57:30 PM
VICE CHAIR MICCICHE closed public testimony on SJR 23.
SENATOR STEVENS asked if a sign could be posted on the mountain
once the resolution passes, or if a legal or federal process
like Senator Kawasaki described was also required.
VICE CHAIR MICCICHE relayed his understanding that the
resolution simply states the legislature's support for renaming
the mountain. He agreed that it would be helpful to know the
next steps.
3:58:24 PM
SENATOR OLSON emphasized that to the best of his knowledge the
mountain did not have a name, which means the process is a
little different than the renaming process Senator Kawasaki
described.
SENATOR STEVENS said his point was that it would be nice if the
name appeared on federal maps and it would be nice to know what
the process is to do that.
3:58:55 PM
MS. HAHN restated her understanding that it would be necessary
to wait five years before the name would appear on federal maps.
3:59:16 PM
VICE CHAIR MICCICHE looked to the will of the committee.
3:59:24 PM
At ease.
3:59:48 PM
VICE CHAIR MICCICHE reconvened the meeting.
3:59:53 PM
SENATOR STEVENS moved to report SJR 23, work order 32-LS 32-
LS1433\B, from committee with individual recommendations and
attached fiscal note(s).
4:00:08 PM
SENATOR MICCICHE found no objection and SJR 23 was reported from
the Senate Resources Standing Committee.
4:00:19 PM
At ease.
SB 180-PASSENGER VESSEL ENVIRONMENTAL COMPLIANCE
4:02:00 PM
VICE CHAIR MICCICHE reconvened the meeting and announced the
consideration of SENATE BILL NO. 180 "An Act relating to
commercial passenger vessel environmental compliance; relating
to commercial passenger vessel fees; establishing the wastewater
infrastructure grant fund; repealing the authority for citizens'
suits relating to commercial passenger vessel environmental
compliance; repealing the commercial passenger vessel
recognition program; and providing for an effective date."
VICE CHAIR MICCICHE asked Ms. Pokon to respond to the questions
the committee asked during the introductory hearing.
4:02:32 PM
EMMA POKON, Deputy Commissioner, Office of the Commissioner,
Department of Environmental Conservation, Juneau, Alaska, stated
that she was joined by Terri Lomax, the program manager for
water quality standards. Their understanding was that they would
be available for questions today but she would give a brief
overview.
VICE CHAIR MICCICHE said he'd like to hear the responses to the
previous questions to see if it spurred and additional
questions.
4:03:33 PM
MS. POKON reviewed the document, significant changes to the CPV
statutes (AS 46.03), CPV specific regulations (18 AAC 69) and
water quality standards (18 AAC 70) since 2006:
[Original punctuation provided.]
a. 2007 SB 121 restored the ability for small
vessels to operate under DEC-approved alternative
best management practices plans which had been
created in the 2004 legislation and was
subsequently repealed by the language in the 2006
voter initiative.
b. 2009 SB 183 expanded the qualifications for ocean
rangers that monitor marine discharge and pollution
requirements aboard large commercial passenger
vessels.
c. 2009 HB 134 allowed DEC to provide waivers to
large vessels that were using the current best
available technology; this change recognized that
the technology did not yet exist that would allow
vessels to consistently meet Alaska's discharge
requirements. This provision sunsetted in 2015.
d. 2009 18 AAC 70 amendments to adopt by reference
the Alaska Water Quality Criteria Manual for Toxic
and Other Deleterious Organic and Inorganic
Substances (2008), which serves as the numeric
criteria for toxic pollutants adopted by reference
in 18 AAC 70; included other relatively minor
changes.
e. 2012 18 AAC 70 amendments to revise the
antidegradation language at 18 AAC 70.015.
f. 2013 HB 80 allowed for a mixing zone for vessels
that operate an advanced wastewater treatment
system (operating the advanced system meets the
technology-based treatment requirement for a mixing
zone). The sunset provision that allowed for
alternative plans for small vessels built before
2004 was partially removed; all small vessels,
including those built after 2003, were now covered
under the small vessel exemption.
g. 2013 18 AAC 69 amendments included relatively
minor changes to align terminology with other
practices within DEC and provided additional time
for an alternative plan approval from three years
to five years after approval.
h. 2017 SB 3 resolved an oversight in HB 80 (2013)
that failed to fully remove the sunset date from
the statutory provision allowing alternative best
management plans for small vessels, causing the
exemption to expire on December 31, 2016. Statutes
were amended to reinstate the provision.
i. 2017 18 AAC 70 amendments to review the bacteria
criteria to adopt the EPA 2012 Recreational Water
Quality Criteria for the designated use of contact
recreation.
j. 2018 18 AAC 69 amendments included relatively
minor changes to include a requirement that a
vessel must resample for temperature, pH, and
chlorine if the vessel must resample for a fecal
coliform exceedance.
k. 2018 18 AAC 70 amendments adopting the
antidegradation implementation procedures at 18 AAC
70.016 and allowing for the adoption of water
quality standards variances at 18 AAC 70.205.
MS. POKON deferred to Ms. Lomax to discuss the the water
sampling results.
4:07:11 PM
TERRI LOMAX, Environmental Program Manager, Water Quality
Standards, Assessment & Restoration Program, Division of Water,
Department of Environmental Conservation, Anchorage, Alaska,
said the members should have copies of the summary results from
sampling over the last several years. In 2015 there were six
harbors that were sampled a few times during the year. In 2019
the sampling expanded to 19 harbors and their common shipping
and traffic lanes that were used by both large and small cruise
ships. The results were summarized in the report.
SENATOR MICCICHE asked her to remain online in case questions
came up.
4:08:56 PM
SENATOR KIEHL noted that the previous hearing did not include
much talk about the administration and historical efficiency of
the Ocean Ranger Program. It was operated at the lowest possible
cost, although he understands that the department had the
contractor book berths for the ocean rangers at the industry
rack rate, not a negotiated reduction. He asked whether the
department could talk about those issues and opportunities.
VICE CHAIR MICCICHE asked Ms. Achee who would be able to answer
questions about the Ocean Ranger Program and if they might be
available today.
4:10:42 PM
LAURA ACHEE, Legislative Liaison, Department of Environmental
Conservation, Juneau, Alaska, deferred the question to Ms.
Pokon.
MS. POKON said the department agrees that a significant portion
of the funding for the Ocean Ranger Program went towards paying
for passage on the vessels. Whether or not there could be a more
efficient process to purchase cruises for the ocean rangers is
probably limited by the state procurement process, she said. Her
belief is there is great value in having the DEC inspectors, who
have knowledge about the discharges and how the vessels operate,
go aboard to check the vessels directly. These inspectors have
the authority to write a notice of violation and for
enforcement, and this firsthand knowledge is arguably of more
value than relying on a report from a third party. This also
avoids the berthing costs throughout the season. She opined that
the department's proposal identified that inefficiency in the
current statute as well as a proposed solution.
SENATOR KIEHL said he didn't have any follow up on that point.
4:12:55 PM
SENATOR KAWASAKI asked Ms. Lomax whether the 2015 to 2019 graphs
she provided were an average over those seasons, and how that
compared to the total number of cruise ships. He acknowledge
that both the 2020 and 2021 seasons were poor [due to the
pandemic].
4:13:25 PM
MS. LOMAX confirmed that the 2015 to 2019 numbers were averaged.
The samples taken those years were limited in locations and the
number of samplings so they aren't the best representation of
the variety of conditions, but they do provide a comparison. She
said she had not compared this data to the other years because
of the limited number of samples, but with the return of cruise
ships the department looks forward to looking at the changes and
comparing the numbers to 2020 and 2021.
4:14:30 PM
SENATOR KAWASAKI questioned how useful the data was. He pointed
to the 2015 to 2019 low fecal coliform numbers per volume for
Seward that doubled in 2020 even though there probably weren't
many cruise ships. It was the opposite in Ketchikan. The numbers
were exceptionally high in 2015 to 2019, about half that in 2020
and exceptionally low in 2021 compared to the 2015 to 2019
numbers. He asked if she could explain those numbers.
4:15:40 PM
MS. LOMAX responded that water temperature drives bacteria
levels so weather patterns and climate are considerations. The
2020 summer was very warm and the chart shows that there were
significantly higher exceedances in 2020 than 2021, which was a
very cold summer. There are also many sources of potential
bacteria in those communities that could have affected the
counts other than cruise ships, including wastewater treatment
plants located near small boat harbors.
She said the department may use some of this data to drive more
studies to identify sources of fecal coliform bacteria, but at
this point it's not possible to say that the bacteria was
directly related to cruise ships.
4:17:00 PM
VICE CHAIR MICCICHE stated that one of the reasons he supports
the bill in its current form is that the wastewater
infrastructure grant fund in the bill is designed to improve the
waste treatment facilities in waivered communities, primarily in
Southeast. He asked if he understood that correctly.
MS. POKON responded that the department appreciates that if EPA
decides to reevaluate whether or not those 301 (h) waiver
permits are appropriate, it would be a significant cost to those
communities if they had to increase treatment at their
wastewater plants. Since the department no longer has to pay for
berth space, the idea is to put that money into the grant
program to help support those communities that have that
significant cost on the horizon. It's appropriate since many of
those port communities take the waste from cruise ship
passengers that go ashore, and it's a burden.
4:19:32 PM
SENATOR MICCICHE said his primary point was that exceedances
were primarily associated with the huge numbers of people who
disembark cruise ships and overload local wastewater systems. He
asked if that was accurate.
MS. POKON answered that is correct, although there are
exceedances when there are no cruise ship visitors so there is a
clear need to improve those facilities. She reminded the
committee that the earlier presentation indicated that the
standard discharge for 301(h) waiver communities was many orders
of magnitude greater than what is allowed for large cruise
ships. There is a clear and pressing need to improve that
infrastructure.
4:20:55 PM
VICE CHAIR MICCICHE summarized that the money that the state
previously invested in the Ocean Ranger Program will be used to
improve wastewater infrastructure in coastal communities in
Southeast, which are the actual source of the exceedances.
MS. POKON answered that is correct.
VICE CHAIR MICCICHE asked if it would be accurate to say that
the grant fund likely would not be used to improve treatment
options in Anchorage, but it will have significant funds that
could be used as a match and perhaps fund most of the other
301(h) waivered communities in Alaska.
MS. POKON answered that the current estimates for disinfection
for most waivered communities is $5-10 million, but it would be
significantly more for Anchorage. The money coming in from the
cruise ships currently could support the oversight program DEC
is proposing, and the savings could also go toward a significant
portion [of the cost to improve treatment] in the small
[waivered] communities. It could make a big difference in those
communities, she said.
4:23:37 PM
SENATOR KAWASAKI asked her to confirm that she said it would
cost a community $5-10 million to upgrade their wastewater
treatment facilities.
MS. POKON replied that is the current estimate.
SENATOR KAWASAKI asked Senator Kiehl what the upgrades would
cost in Juneau, and conveyed his understanding that the cost for
most communities would be a lot more than $5-10 million.
4:24:21 PM
SENATOR KIEHL answered that Juneau does not have a 301(h)
waiver. Juneau does full secondary treatment, and more than that
depending on the plant. He noted that nine communities,
including Anchorage, had waivers. He split the difference
between 5 and 10 and calculated that $7.5 million times eight
communities would cost roughly $60 million. He commented that it
was a long way to stretch $3.5 million per year. He also posited
that it was a dream to think that some of the larger communities
on the waiver list could upgrade their wastewater infrastructure
for $10 million.
SENATOR KAWASAKI said he believes it's a good idea to have a
wastewater infrastructure grant fund, but to say, as Section 13
does, that the money that previously went to the Ocean Ranger
Program will be sufficient to make grants available to these
communities for the upgrades seems unrealistic.
4:26:02 PM
VICE CHAIR MICCICHE offered his perspective that helping these
communities disinfect their wastewater was far short of actual
treatment but it was better than doing nothing. He also posited
that the substantial funds for wastewater treatment that are
coming from the Infrastructure Investment Jobs Act (IIJA) could
be put in the proposed grant fund that may have enough to
provide the match to improve disinfection at the very least.
4:26:46 PM
MS. ACHEE stated that when the director of the Division of Water
met with port communities in Southeast to discuss the idea of
this bill, it was before the IIJA passed but DEC already was
well aware of the noticeable impact cruise ship passengers have
on these local wastewater treatment systems during the summer
months. Those communities conveyed that any form of financial
help that involved repayment would be burdensome. She said DEC
acknowledges that SB 180 is not a silver bullet, the grant funds
it will make available to help resolve wastewater problems in
these communities will be meaningful because they won't require
repayment.
4:28:31 PM
SENATOR KIEHL noted that the chair mentioned that some cruise
ships have very advanced wastewater treatment programs, but his
understanding was that some of the older vessels do not have
advanced treatment systems onboard. He also highlighted that
since the last hearing a letter came in that speculated that
some ships may be set up to automate monitoring with sensors on
valves while other vessels might not have that technology. He
asked whether DEC had a sense of the number of large vessels
that lack the advanced water treatment and how many would face a
major investment to add remote monitoring technology versus a
minor upgrade.
4:29:50 PM
VICE CHAIR MICCICHE asked him to clarify the question because
his understanding was that all of the large cruise ships have
advanced wastewater treatment technology onboard.
SENATOR KIEHL clarified the two questions. Regarding treatment
technology, he recalled that some vessels have such advanced
technology that they're permitted to discharge while in port and
stationary. He asked how many vessels had that very advanced
technology and how many had less-advanced treatment technology.
He also asked how many vessels had the ability to do remote
monitoring with automated valve sensors and how many did not
have that technology.
4:31:09 PM
MS. ACHEE offered her understanding that all of the large
vessels are capable of meeting the State of Alaska discharge
standards. Some vessels choose not to discharge while in port,
but that is not a reflection of their ability to meet those
standards. The fleet of smaller vessels that come to the state
includes some that are older, and for those it would be cost-
prohibitive and perhaps impossible to retrofit an advanced
wastewater treatment system onboard. That is why DEC has for
many years had a separate track for smaller vessels to get best
management practices in place.
Regarding the [automated valve] technology, the industry has
said it's not possible to retrofit the technology as DEC
currently envisions. She said she saw the letter Senator Kiehl
mentioned that speculated that some vessels have automated valve
monitoring technology, but that didn't align with the
information DEC currently has so the department would look into
that further and follow up on that point.
4:33:06 PM
SENATOR KAWASAKI asked whether other countries or sovereigns
were lowering the regulation and oversight of wastewater
discharge.
VICE CHAIR MICCICHE noted that he said "other" and asked if he
meant that the State of Alaska was suggesting doing the same.
SENATOR KAWASAKI responded that he views the Ocean Ranger
Program as an integral part of ensuring that there is oversight
and regulation. His was asking of other countries were lowering
their oversight and regulation.
MS. ACHEE answered that she didn't know but the only information
DEC might be able to get would be about the level of oversight
different regions have for cruise ships. Her understanding was
that Alaska has among the most comprehensive oversight of cruise
ships, but she would look at that more closely and follow up
with what she learns. She also agreed with the chair that DEC
was not lowering the requirements for cruise ships regarding
discharges, registration, or air emissions. What the department
is doing is looking for the best value for the money that's
being spent to protect Alaska's environment and they do not
believe that the changes in SB 180 will decrease the ability to
do that.
4:35:49 PM
SENATOR KAWASAKI acknowledged that he misspoke. He should have
asked whether other countries were increasing their oversight
and regulatory regime on cruise ships and how they were doing
so. For example, Singapore, Canada, and California are
increasing their regulatory requirements on heavy metals and
fecal coliform levels; Norway claims to have adopted new policy
that represents one of the largest changes in environmental
history; and Finland has projects to convert wastewater and
sewage to biogas.
4:36:57 PM
VICE CHAIR MICCICHE said he'd like to know which countries were
making an effort to reach or had exceeded Alaska's current
wastewater standards. He emphasized that the water quality
problems in Alaska for the last 15 or more years were unrelated
to cruise ship traffic unless the passengers disembark into
communities that are unprepared for the level of discharge. He
said he'd like to improve the treatment options for those
waivered communities, but he'd like to take the long view
approach and other water quality issues like in the small
coastal village at the head of Cook Inlet because the issues
there are probably more widespread than many would like to
admit. He said he was quite serious about wanting to understand
how Alaska measures globally. He asked if it was true that
Alaska has more waivered communities than any other state in the
US.
4:39:32 PM
MS. POKON offered her understanding that only those previously
mentioned Alaska communities were still operating under the
Clean Water Act 301(h) waivers. They did not have to meet the
standards that other permitted communities and facilities have
to meet.
VICE CHAIR MICCICHE observed that SB 180 offered a creative
approach to improve water quality in Alaska over the long term.
He noted that many of the CARES Act funding was for loan
programs that turned out to be grant programs. With passage of
IIJA, he envisioned enlisting federal help to get real water
quality improvements in Southeast through loan forgiveness to
grant programs such as the one proposed in SB 180.
VICE CHAIR MICCICHE held SB 180 in committee.
4:41:50 PM
There being no further business to come before the committee,
Vice Chair Micciche adjourned the Senate Resources Standing
Committee meeting at 4:41 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| G.pdf |
SRES 3/18/2022 3:30:00 PM SRES 3/21/2022 3:30:00 PM |
HB 79 |
| HB 79 Collected Written Testimony as of 3.18.2022.pdf |
SRES 3/18/2022 3:30:00 PM SRES 3/21/2022 3:30:00 PM |
HB 79 |
| SJR 23 Image of Family With Mountain 3.18.2022.jpg |
HRES 5/9/2022 1:00:00 PM SRES 3/18/2022 3:30:00 PM |
SJR 23 |
| SJR 23 Image of Mountain From Deck 3.18.2022.jpg |
HRES 5/9/2022 1:00:00 PM SRES 3/18/2022 3:30:00 PM |
SJR 23 |
| SJR 23 Image of Mountain Aerial 3.18.2022.jpg |
HRES 5/9/2022 1:00:00 PM SRES 3/18/2022 3:30:00 PM |
SJR 23 |
| SJR 23 Image of Mountain Location 3.18.2022.jpg |
HRES 5/9/2022 1:00:00 PM SRES 3/18/2022 3:30:00 PM |
SJR 23 |
| SJR 23 Letter of Support Cappelletti 03.16.2022.pdf |
HRES 5/9/2022 1:00:00 PM SRES 3/18/2022 3:30:00 PM |
SJR 23 |
| SJR 23 Letter of Support Judy Brady 03.14.2022.pdf |
HRES 5/9/2022 1:00:00 PM SRES 3/18/2022 3:30:00 PM |
SJR 23 |
| SJR 23 Letter of Support Kim Griffith 03.12.2022.pdf |
HRES 5/9/2022 1:00:00 PM SRES 3/18/2022 3:30:00 PM |
SJR 23 |
| SJR 23 Letter of Support Ralph Samuels 03.16.2022.pdf |
HRES 5/9/2022 1:00:00 PM SRES 3/18/2022 3:30:00 PM |
SJR 23 |
| SJR 23 Sponsor Statement 3.18.2022.pdf |
HRES 5/9/2022 1:00:00 PM SRES 3/18/2022 3:30:00 PM |
SJR 23 |
| SB 180 Ports and Waterways Graphs 3.18.2022.pdf |
SRES 3/18/2022 3:30:00 PM |
SB 180 |
| SB 180 Changes to CPV statues and regulations 3.18.2022.pdf |
SRES 3/18/2022 3:30:00 PM |
SB 180 |
| SB 180 Public Testimony 3.18.2022.pdf |
SRES 3/18/2022 3:30:00 PM |
SB 180 |
| SJR 23 Letter of Support DeBardelaben 3.18.2022.pdf |
HRES 5/9/2022 1:00:00 PM SRES 3/18/2022 3:30:00 PM |
SJR 23 |