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30th Legislature(2017-2018)

Bill Text 30th Legislature

00 Enrolled SB 158                                                                                                         
01 Relating to oil and hazardous substances and waiver of cost recovery for containment and                                
02 cleanup of certain releases; and providing for an effective date.                                                       
03                           _______________                                                                               
04    * Section 1. AS 46.08.070(a) is amended to read:                                                                     
05 (a)  Except as provided in (e) of this section, the [THE] commissioner shall                                          
06 seek reimbursement promptly under this section, AS 46.03.760(d), or federal law for                                     
07 the cost incurred in the cleanup or containment of oil or a hazardous substance that has                                
08       been released.                                                                                                    
09    * Sec. 2. AS 46.08.070(d) is amended to read:                                                                        
10 (d)  The department shall adopt regulations to implement the cost recovery                                              
11 requirements of (a) and (b) of this section, but may not delay cost recovery actions                                    
12 pending the effective date of the adoption of the regulations. The department may                                     
13       adopt regulations to implement the provisions of (e) of this section.                                           
14    * Sec. 3. AS 46.08.070 is amended by adding a new subsection to read:                                                
01 (e)  Notwithstanding (a) of this section and for a person otherwise liable under                                        
02 AS 46.03.822, the department may waive all or a portion of the response costs                                           
03 incurred by the department in the cleanup or containment of oil or a hazardous                                          
04       substance that has been released if the department makes a written finding that                                   
05 (1)  the release was from piping, tankage, or other equipment used                                                      
06 solely to provide heat or electrical power generation for a building used primarily for                                 
07       residential purposes and that does not consist of more than four dwelling units;                                  
08  (2)  the person did not wilfully or negligently fail to comply with spill                                              
09 prevention, reporting, and response requirements of the department applicable to the                                    
10       release or the property where the release occurred;                                                               
11 (3)  the person took immediate measures upon discovery of the release                                                   
12       to contain the release where possible; and                                                                        
13 (4)  the person provided reasonable assistance to the department and                                                    
14 other governmental entities that responded to the release, including providing                                          
15 reasonable access to the property where the release occurred and providing                                              
16       information requested by the department about the release and property.                                           
17    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                            
18 read:                                                                                                                   
19 TRANSITION: REGULATIONS. The Department of Environmental Conservation                                                   
20 may adopt regulations necessary to implement AS 46.08.070(e), added by sec. 3 of this Act.                              
21 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the                           
22 effective date of the law implemented by the regulation.                                                                
23    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                            
24 read:                                                                                                                   
25 RETROACTIVITY. If secs. 1 - 3 of this Act take effect after January 1, 2018, secs. 1 -                                  
26 3 of this Act are retroactive to January 1, 2018.                                                                       
27    * Sec. 6. Section 4 of this Act takes effect immediately under AS 01.10.070(c).                                      
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