SCS CSHB 144(RES): "An Act relating to the authority of the Department of Environmental Conservation to charge fees; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 144(RES) 01 "An Act relating to the authority of the Department of Environmental 02 Conservation to charge fees; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 03.05.025 is amended by adding a new subsection to read: 05 (c) Notwithstanding AS 44.46.025, the fee for a seafood processing permit and 06 routine inspections for a direct-market fishing vessel may not exceed $100. In this 07 subsection, "direct-market fishing vessel" means a fishing vessel that has an overall 08 length of less than 65 feet and processes the vessel operator's own catch of seafood 09 products on board the vessel for direct retail sale to consumers. 10 * Sec. 2. AS 44.46.025(a) is amended to read: 11 (a) Subject to other provisions of this section, the [THE] Department of 12 Environmental Conservation may adopt regulations that prescribe reasonable fixed fees 13 to be paid by the person receiving the department's services , and establish 14 procedures for the collection of the fees, to cover the actual [APPLICABLE] direct
01 costs [, NOT INCLUDING TRAVEL,] of certifications, inspections, training, permit 02 preparation and administration, and plan review and approval [, AND OTHER 03 SERVICES PROVIDED BY THE DEPARTMENT] relating to 04 (1) agriculture and animals under AS 03.05; food, drugs, and cosmetics 05 under AS 17.20; and public accommodations and facilities under AS 18.35; in 06 addition to fees otherwise allowed under this subsection, the department may also 07 prescribe reasonable fixed fees, and establish procedures for collection of the fees, 08 to cover the actual direct costs of other services provided by the department 09 relating to matters described in this paragraph; 10 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 11 46.14.510; 12 (3) sewerage system and treatment works and wastewater disposal 13 systems, and drinking water systems, under AS 46.03.720; in addition to fees 14 otherwise allowed under this subsection, the department may also prescribe 15 reasonable fixed fees, and establish procedures for the collection of the fees, for 16 the actual direct costs of sanitary surveys, determinations, classifications, and 17 monitoring waivers relating to matters described in this paragraph; 18 (4) [REPEALED 19 (5) REPEALED 20 (6)] water and wastewater operator training under AS 46.30; 21 (5) [(7)] control of solid waste facilities under AS 46.03.020(10) and 22 46.03.100; 23 (6) [(8)] certification of laboratories conducting environmental analyses 24 of public drinking water systems or of oil or hazardous substances, or conducting other 25 analyses required by the department; 26 (7) [(9)] certification of federal permits or authorizations under 33 27 U.S.C. 1341 (sec. 401, Clean Water Act). 28 * Sec. 3. AS 44.46.025 is amended by adding new subsections to read: 29 (e) Notwithstanding (a), (g), and (j) of this section, the department shall, at the 30 request of an applicant or permittee, negotiate a fee for services provided under (a)(1) - 31 (7) of this section that is based on the average hourly rate of compensation of each
01 departmental employee required to perform the service and a maximum number of 02 hours for which the fee will be charged, and the fee may cover associated travel costs 03 and costs described in (g) of this section. 04 (f) The department shall charge and collect a fee of $40 for registration of a 05 restricted-use pesticide, as defined in AS 46.03.900. The department shall charge and 06 collect a fee of $30 for registration of an agricultural pesticide. The department shall 07 charge and collect a fee of $15 for registration of a consumer protection and health 08 benefit product. In this subsection, "consumer protection and health benefit product" 09 means a 10 (1) disinfectant, sanitizer, germicide, biocide, or other pesticide labeled 11 for use directly on humans or pets, including dogs, cats, horses, and other companion 12 animals; or 13 (2) pesticide for use directly in areas in or around household premises. 14 (g) Except for fees under (c) of this section, the department may not charge 15 a fee for the costs to the department for conferring with or providing information to 16 a third party about an application or a permit unless the third party is acting as a legal 17 representative or as an agent of the applicant or permittee. However, the department 18 may require an applicant to pay for the costs of providing public notice of a permit 19 application when the notice is otherwise required by law. 20 (h) Notwithstanding (a) of this section, the department may prescribe an hourly 21 fee for the actual direct costs of services provided under (a)(5) of this section, rather 22 than a fixed fee, if the fee otherwise complies with this section. 23 (i) Notwithstanding (a) of this section, the department may prescribe an hourly 24 fee to cover the actual direct costs to the department for 25 (1) work performed on an application that is withdrawn before 26 completion; or 27 (2) an inspection that is conducted at the request of an applicant or 28 permittee when the department would not otherwise conduct an inspection or for an 29 inspection that is conducted outside of the department's normal working hours after a 30 request by an applicant or permittee for an after-hours inspection; fees charged under 31 this paragraph may include travel costs incurred in providing the inspection.
01 (j) In this section, 02 (1) "actual direct costs" means the average hourly rate of compensation 03 of each departmental employee, including clerical staff, required to perform the service 04 under normal circumstances, multiplied by the number of hours usually required to 05 perform the service being provided; "actual direct costs" does not include 06 (A) overhead expenses; 07 (B) the costs of administrative support or supervisory personnel 08 who are not directly engaged in providing the service; or 09 (C) travel expenses; 10 (2) "training" means educational services provided by the department 11 for the purpose of carrying out services provided under (a)(1) - (7) of this section, 12 except that "training" does not include training of employees of the department. 13 * Sec. 4. APPLICABILITY. This Act applies to agreements entered into, fees for 14 registrations applied for, and fees for services performed on or after the effective date of this 15 Act. 16 * Sec. 5. This Act takes effect July 1, 1998.