SCS CSHB 144(FIN): "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(FIN) 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 $150. In this 07 subsection, "direct-market fishing vessel" means a fishing vessel that has an overall 08 length of less than 65 feet, that processes the vessel operator's own catch of seafood 09 products on board the vessel for direct retail sale to consumers, and for which a hazard 10 analysis critical control point plan is not required under federal law. 11 * Sec. 2. AS 44.46.025(a) is amended to read: 12 (a) Subject to other provisions of this section, the [THE] Department of 13 Environmental Conservation may adopt regulations that prescribe reasonable fees, and 14 establish procedures for the collection of the fees, to cover the applicable direct costs,
01 not including travel, of inspections, permit preparation and administration, plan review 02 and approval, and other services provided by the department relating to 03 (1) agriculture and animals under AS 03.05; food, drugs, and cosmetics 04 under AS 17.20; and public accommodations and facilities under AS 18.35; 05 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 06 46.14.510; 07 (3) except as provided in (e)(4) of this section, domestic 08 [SEWERAGE SYSTEM AND TREATMENT WORKS AND] wastewater treatment 09 and disposal systems [,] and drinking water systems [,] under AS 46.03.720; 10 (4) [REPEALED 11 (5) REPEALED 12 (6)] water and wastewater operator training under AS 46.30; 13 (5) [(7) CONTROL OF SOLID WASTE FACILITIES UNDER 14 AS 46.03.020(10) AND 46.03.100; 15 (8)] certification of laboratories conducting environmental analyses of 16 public drinking water systems or of oil or hazardous substances, or conducting other 17 analyses required by the department [; 18 (9) CERTIFICATION OF FEDERAL PERMITS OR 19 AUTHORIZATIONS UNDER 33 U.S.C. 1341 (SEC. 401, CLEAN WATER ACT)]. 20 * Sec. 3. AS 44.46.025 is amended by adding new subsections to read: 21 (e) Subject to other provisions of this section, the department may adopt 22 regulations that prescribe reasonable fixed fees, and establish procedures for the 23 collection of the fees, to be paid by the person receiving the department's services to 24 cover the actual direct costs, not including travel, of permit preparation and 25 administration, plan review and approval, operator training, and inspections relating to 26 (1) control of solid waste facilities under AS 46.03.020(10) and 27 46.03.100; 28 (2) nondomestic wastewater treatment and disposal systems under 29 AS 46.03.720; 30 (3) certification of federal permits or authorizations under 33 U.S.C. 31 1341 (sec. 401, Clean Water Act); and
01 (4) domestic wastewater treatment and disposal systems and drinking 02 water systems under AS 46.03.720 if the system serves only a discrete industrial 03 operation. 04 (f) Notwithstanding (a), (e), (h), and (l) of this section, the department shall, 05 at the request of an applicant or permittee, negotiate a fee for services provided under 06 (a)(3) or (e)(1) - (4) of this section that is based on the average hourly rate of 07 compensation of each departmental employee required to perform the service and a 08 maximum number of hours for which the fee will be charged, and the fee may cover 09 associated travel costs and costs described in (h) of this section. 10 (g) The department shall charge and collect a fee of $40 for registration of a 11 restricted-use pesticide, as defined in AS 46.03.900. The department shall charge and 12 collect a fee of $30 for registration of an agricultural pesticide. The department shall 13 charge and collect a fee of $25 for registration of a consumer protection and health 14 benefit product. In this subsection, "consumer protection and health benefit product" 15 means a 16 (1) disinfectant, sanitizer, germicide, biocide, or other pesticide labeled 17 for use directly on humans or pets, including dogs, cats, horses, and other companion 18 animals; or 19 (2) pesticide for use directly in areas in or around household premises. 20 (h) Except for fees under (c) of this section, the department may not charge 21 a fee for the costs to the department for conferring with or providing information to 22 a third party about an application or a permit unless the third party is acting as a legal 23 representative or as an agent of the applicant or permittee. However, the department 24 may require an applicant to pay for the costs of providing public notice of a permit 25 application when the notice is otherwise required by law. 26 (i) Notwithstanding (e) of this section, the department may prescribe an hourly 27 fee for the actual direct costs of services provided under (e)(1) of this section, rather 28 than a fixed fee, if the fee otherwise complies with this section. 29 (j) Notwithstanding (e) of this section, the department may prescribe an hourly 30 fee to cover the actual direct costs to the department for 31 (1) work performed on an application that is withdrawn before
01 completion; or 02 (2) an inspection that is conducted at the request of an applicant or 03 permittee when the department would not otherwise conduct an inspection or for an 04 inspection that is conducted outside of the department's normal working hours after a 05 request by an applicant or permittee for an after-hours inspection; fees charged under 06 this paragraph may include travel costs incurred in providing the inspection. 07 (k) Notwithstanding other provisions of this section, the department may adopt 08 regulations that prescribe reasonable hourly rates, and establish procedures for 09 collection of the fees, for preapplication consultative services provided to an applicant 10 at the request of the applicant for any permit or approval required by the department. 11 (l) In this section, "actual direct costs" means the average hourly rate of 12 compensation of each departmental employee, including clerical staff, required to 13 perform the service under normal circumstances, multiplied by the number of hours 14 usually required to perform the service being provided; "actual direct costs" does not 15 include 16 (1) overhead expenses; 17 (2) the costs of administrative support or supervisory personnel who are 18 not directly engaged in providing the service; or 19 (3) travel expenses. 20 * Sec. 4. APPLICABILITY. This Act applies to agreements entered into, fees for 21 registrations applied for, and fees for services performed on or after the effective date of the 22 applicable provision of this Act. 23 * Sec. 5. AS 03.05.025(c), enacted by sec. 1 of this Act, and AS 44.46.025(f), enacted by 24 sec. 3 of this Act, take effect immediately under AS 01.10.070(c).