CSSB 183(FIN): "An Act making special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; and providing for an effective date."
00CS FOR SENATE BILL NO. 183(FIN) 01 "An Act making special appropriations for restoration projects relating to the 02 Exxon Valdez oil spill and for oil spill response projects; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. LEGISLATIVE FINDINGS AND PURPOSES. The legislature finds that 06 (1) As a result of the judgments entered by the United States District Court in 07 the criminal cases United States of America v. Exxon Shipping Company and Exxon 08 Corporation, No. A90-015 CR, the State of Alaska received $50,000,000 in restitution "to be 09 used by the State of Alaska ... exclusively for restoration projects, within the State of Alaska, 10 relating to the `Exxon Valdez' oil spill." The judgments define restoration as including 11 "restoration, replacement, and enhancement of affected resources; acquisition of equivalent 12 resources and services; and long-term environmental monitoring and research programs 13 directed to the prevention, containment, cleanup, and amelioration of oil spills." The money 14 received by the state in restitution is held in the Exxon Valdez oil spill restoration fund,
01 established by the Department of Revenue, to implement the terms of those judgments. 02 (2) As a result of the Agreement and Consent Decree entered by the United 03 States District Court in State of Alaska v. Exxon Corporation and Exxon Shipping Company, 04 No. A91-083 CIV and the Memorandum of Agreement and Consent Decree entered by the 05 United States District Court in United States of America v. State of Alaska, No. A91-081 CIV, 06 the State of Alaska is entitled to receive reimbursements, paid into the state's general fund, 07 for certain expenditures made by the state from the general fund in responding to the oil spill. 08 It is the intent of the legislature that such money received during fiscal year 1994 be used for 09 projects that enhance the ability of the state and the oil industry to respond to marine oil spills 10 in the area affected by the Exxon Valdez oil spill. 11 (3) The appropriations in this Act are made in order to achieve the purposes 12 described in the court's restitution order and to carry out the legislature's intent with regard 13 to fiscal year 1994 reimbursements to the general fund under the Exxon settlement. 14 * Sec. 2. The sum of $12,500,000 is appropriated from the Exxon Valdez oil spill 15 restoration fund, described in sec. 1(1) of this Act, to the Department of Administration for 16 payment as a grant under AS 37.05.315 to the City of Seward for development of the Alaska 17 Sea Life Center as a recreation and marine mammal rehabilitation center and as a center for 18 education and research related to the natural resources injured by the Exxon Valdez oil spill 19 and to the prevention and amelioration of marine oil spills. The appropriation made by this 20 section may be used for planning, design, engineering, and construction of the facility. Until, 21 however, the grantee has provided to the Alaska Industrial Development and Export Authority 22 a financial plan and a feasibility study demonstrating the financial viability of the proposed 23 center and the Alaska Industrial Development and Export Authority has approved the project 24 plan and has found the center to be financially viable, no money from this appropriation may 25 be expended. In addition, no money from this appropriation may be expended for any phase 26 of construction until all financing necessary to complete construction of the entire stand-alone 27 facility has been obtained. Not more than $4,000,000 may be expended from this 28 appropriation for design of the center. 29 * Sec. 3. The sum of $7,000,000 is appropriated from the Exxon Valdez oil spill 30 restoration fund, described in sec. 1(1) of this Act, to the Department of Natural Resources 31 for the purchase, for $22,000,000, of the property rights of the Seldovia Native Association,
01 Cook Inlet Region, Inc., and Timber Trading Company, Inc. within the Kachemak Bay State 02 Park as identified in the Agreement For Sale and Purchase of Lands and Interests Within 03 Kachemak Bay State Park entered into in March 1993 between the state, the Seldovia Native 04 Association, Cook Inlet Region, Inc. and Timber Trading Company. 05 * Sec. 4. The sum of $500,000 is appropriated from the Exxon Valdez oil spill restoration 06 fund, described in sec. 1(1) of this Act, to the Department of Natural Resources for 07 construction of a Kachemak Bay State Park visitors center and related facilities. 08 * Sec. 5. The sum of $3,250,000 is appropriated from the Exxon Valdez oil spill 09 restoration fund, described in sec. 1(1) of this Act, to the Department of Fish and Game to aid 10 in the restoration of subsistence resources or services, lost or diminished as a result of the 11 Exxon Valdez oil spill, including the development of a shellfish hatchery and technical center 12 to be located at Kasistna Bay or lower Cook Inlet, whichever is considered by the Department 13 of Fish and Game to be more appropriate, and a salmon production capacity model for upper 14 Cook Inlet drainages. The appropriation made by this section may be used for feasibility 15 studies, design and engineering work, and construction of the facility, on the condition that 16 no money may be expended for design and engineering work or construction until the 17 Department of Fish and Game has completed a feasibility study, including a financial and 18 operating plan. 19 * Sec. 6. The sum of $4,000,000 is appropriated from the Exxon Valdez oil spill 20 restoration fund, described in sec. 1(1) of this Act, to the Department of Fish and Game to 21 enhance sport fishing services lost or diminished as a result of the Exxon Valdez oil spill, 22 through the construction of a water delivery system connecting the Anchorage Municipal 23 Water Utility with the Fort Richardson hatchery and the integration of that system with the 24 hatchery. 25 * Sec. 7. The sum of $4,750,000 and the interest accrued before July 1, 1994, on the 26 restitution payment described in sec. 1(1) of this Act, is appropriated from the Exxon Valdez 27 oil spill restoration fund, described in sec. 1(1) of this Act, to the Department of Natural 28 Resources for the construction or placement, within Prince William Sound, the southern Kenai 29 Peninsula, and the coastal areas of the Kodiak Archipelago, of recreational amenities, 30 including recreational cabins, trails, mooring buoys, floating docks and similar items, and the 31 acquisition of sites and access rights for such amenities, that restore or enhance recreational
01 services lost or diminished by the Exxon Valdez oil spill. 02 * Sec. 8. The sum of $3,000,000 is appropriated from the Exxon Valdez oil spill 03 restoration fund, described in sec. 1(1) of this Act, to the Department of Fish and Game for 04 habitat restoration and enhancement projects, including the acquisition of development rights 05 or conservation easements in aquatic, wetland, and riparian areas, within the Kenai River 06 watershed related to the maintenance of commercial and sport fish species, and the services 07 they provide, that were injured or lost as a result of the Exxon Valdez oil spill. 08 * Sec. 9. The sum of $2,000,000 is appropriated from the Exxon Valdez oil spill 09 restoration fund, described in sec. 1(1) of this Act, to the Department of Commerce and 10 Economic Development for payment as a grant under AS 37.05.316 to the Prince William 11 Sound Aquaculture Corporation for upgrade of the Main Bay Hatchery. 12 * Sec. 10. The sum of $3,000,000 is appropriated from the Exxon Valdez oil spill 13 restoration fund, described in sec. 1(1) of this Act, to the University of Alaska, Fairbanks, 14 Fishery Industrial Technology Center for design and engineering work and construction of an 15 addition to the existing fishery technology and research facility, to enable that facility to 16 engage in long-term environmental monitoring and restoration work in the area affected by 17 the Exxon Valdez oil spill, on the condition that no money may be expended for design and 18 engineering work or construction until the University has provided, and the governor has 19 approved, a financial plan and feasibility study. 20 * Sec. 11. (a) The sum of $5,000,000 is appropriated from the Exxon Valdez oil spill 21 restoration fund, described in sec. 1(1) of this Act, to the Department of Community and 22 Regional Affairs for payment as grants under AS 44.47.050 to unincorporated rural 23 communities for purposes of restoring, replacing, or enhancing subsistence resources or 24 services damaged or lost as a result of the Exxon Valdez oil spill. 25 (b) It is the intent of the legislature that selection of the grant recipients shall be made 26 after consultation with the state trustees, as defined in AS 37.14.450(2). 27 * Sec. 12. The sum of $5,000,000 is appropriated from the Exxon Valdez oil spill 28 restoration fund, described in sec. 1(1) of this Act, to the Department of Environmental 29 Conservation to enter into competitively awarded contracts for research programs directed to 30 the prevention, containment, cleanup, and amelioration of oil spills within the state. 31 * Sec. 13. (a) Subject to the conditions set out in (c) of this section, the sum of
01 $15,000,000 is appropriated from the fiscal year 1994 general fund Exxon Valdez 02 reimbursement payments to the Department of Transportation and Public Facilities for the 03 design and engineering work and construction of a road connecting the Seward Highway and 04 the Port of Whittier. 05 (b) Subject to the conditions set out in (c) of this section, the sum of $5,000,000 is 06 appropriated from the fiscal year 1994 general fund Exxon Valdez reimbursement payments 07 to the Department of Transportation and Public Facilities for the design, engineering, and 08 construction of a state oil spill response assistance ferry vessel. 09 (c) The first $15,000,000 received by the state as fiscal year 1994 general fund Exxon 10 Valdez reimbursement payments is allocated to the project described in (a) of this section; the 11 next $5,000,000 received by the state is allocated to the project described in (b) of this 12 section. 13 * Sec. 14. The appropriations made by secs. 3 - 8, 10, and 13 of this Act are for capital 14 projects and are subject to AS 37.25.020. 15 * Sec. 15. (a) The unexpended and unobligated balance of a grant funded by an 16 appropriation made by sec. 2, 9, or 11 of this Act lapses into the fund from which the 17 appropriation was made if work on the grant project has not begun by December 1, 1997. 18 (b) The unexpended and unobligated balances of the appropriations made by secs. 2, 19 9, 11, and 12 of this Act lapse into the fund from which the appropriations were made 20 December 1, 1997. 21 * Sec. 16. This Act takes effect immediately under AS 01.10.070(c).