00                       CS FOR HOUSE BILL NO. 128(TRA)                                                                    
01 "An Act relating to the operation of a tank vessel or oil barge as an oil terminal facility;                            
02 relating to the definition of 'oil terminal facility'; and providing for an effective date."                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 46.04.030(c) is amended to read:                                                                   
05 (c)  Except as provided in (n) of this section, a person may not operate a tank                                         
06 vessel or an oil barge within the waters of the state, or cause or permit the transfer of                               
07 oil to or from a tank vessel or an oil barge, unless an oil discharge prevention and                                    
08 contingency plan for the tank vessel or oil barge has been approved by the department                                   
09 and the person is in compliance with the plan. A contingency plan approved for a                                    
10       tank vessel or oil barge under this subsection also constitutes an approved plan                              
11       for purposes of (a) of this section.                                                                          
12    * Sec. 2. AS 46.04.040(c) is amended to read:                                                                      
13            (c)  Except as provided in (m) of this section, a person may not operate a tank                              
14       vessel or an oil barge within the waters of the state, or cause or permit the transfer of                         
01 oil to or from a tank vessel or an oil barge, unless the person operating the tank vessel                               
02 or oil barge has furnished to the department, and the department has approved, proof                                    
03 of financial ability to respond in damages. Proof of financial ability for a tank vessel                            
04 or oil barge that is approved under this subsection also satisfies the proof of                                     
05 financial ability requirement of (a) of this section. Proof of financial responsibility                             
06       required under this subsection is                                                                                 
07 (1)  $300, per incident, for each barrel of storage capacity or                                                         
08       $100,000,000, whichever is greater, for a tank vessel or barge carrying crude oil;                                
09 (2)  $100, per incident, for each barrel of storage capacity or                                                         
10 $1,000,000, whichever is greater, subject to a maximum of $35,000,000, for a tank                                       
11       vessel or barge carrying noncrude oil.                                                                            
12    * Sec. 3. AS 46.04.900(14) is amended to read:                                                                     
13                 (14)  "oil terminal facility"                                                                           
14                      (A)  means                                                                                     
15 (i)  an onshore or offshore facility of any kind, and                                                               
16 related appurtenances, including a deepwater port, bulk storage facility,                                               
17 or marina, located in, on, or under the surface of the land or waters of                                                
18 the state, including tide and submerged land, that is used for the                                                      
19                 purpose of transferring, processing, refining, or storing oil;                                          
20 (ii)  a vessel, other than a nontank vessel, [IS                                                                    
21 CONSIDERED AN OIL TERMINAL FACILITY] only when it is used                                                               
22 to make a ship-to-ship transfer of oil, and when it is traveling between                                                
23                 the place of the ship-to-ship transfer of oil and an oil terminal facility;                             
24 (B)  does not include a tank vessel or oil barge that has a                                                         
25 contingency plan approved under AS 46.04.030(c) and proof of financial                                              
26            ability approved under AS 46.04.040(c);                                                                  
27    * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).