CSHB 260(FIN): "An Act requiring the owners or operators of certain passenger vessels operating in the marine waters of the state to register the vessels; establishing information-gathering, record keeping, and reporting requirements relating to the vessels' graywater, hazardous substances, hazardous wastes, and sewage; prohibiting the discharge of untreated sewage from the vessels unless exempted; placing limits on discharges of treated sewage and graywater from the vessels unless exempted; providing that there is no audit report privilege for complying with a requirement that the owner or operator of a commercial passenger vessel must report discharges of sewage or graywater that violate laws; establishing a commercial passenger vessel coastal protection fund; establishing a fee on commercial passenger vessels, that are not exempt from the fee, for each voyage during which the vessels operate in the marine waters of the state based on the overnight accommodation capacity of the vessels determined with reference to the number of lower berths; establishing penalties for failure to comply with certain laws relating to the vessels; authorizing the Department of Environmental Conservation to encourage and recognize superior environmental protection efforts related to commercial passenger vessels; authorizing exemptions from some laws relating to discharges from the vessels and from the fee requirements related to the vessels; authorizing the Department of Environmental Conservation to adopt regulations to implement laws relating to commercial passenger vessels and directing the department to use negotiated regulation procedures, when appropriate, to develop the regulations; requiring a report from the Department of Environmental Conservation concerning matters relating to the vessels; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 260(FIN) 01 "An Act requiring the owners or operators of certain passenger vessels operating in the 02 marine waters of the state to register the vessels; establishing information-gathering, 03 record keeping, and reporting requirements relating to the vessels' graywater, 04 hazardous substances, hazardous wastes, and sewage; prohibiting the discharge of 05 untreated sewage from the vessels unless exempted; placing limits on discharges of 06 treated sewage and graywater from the vessels unless exempted; providing that there is 07 no audit report privilege for complying with a requirement that the owner or operator 08 of a commercial passenger vessel must report discharges of sewage or graywater that 09 violate laws; establishing a commercial passenger vessel coastal protection fund; 10 establishing a fee on commercial passenger vessels, that are not exempt from the fee, for 11 each voyage during which the vessels operate in the marine waters of the state based on 12 the overnight accommodation capacity of the vessels determined with reference to the 13 number of lower berths; establishing penalties for failure to comply with certain laws
01 relating to the vessels; authorizing the Department of Environmental Conservation to 02 encourage and recognize superior environmental protection efforts related to 03 commercial passenger vessels; authorizing exemptions from some laws relating to 04 discharges from the vessels and from the fee requirements related to the vessels; 05 authorizing the Department of Environmental Conservation to adopt regulations to 06 implement laws relating to commercial passenger vessels and directing the department 07 to use negotiated regulation procedures, when appropriate, to develop the regulations; 08 requiring a report from the Department of Environmental Conservation concerning 09 matters relating to the vessels; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 12 to read: 13 FINDINGS. The legislature finds that 14 (1) federal and international laws pertaining to regulation of commercial 15 passenger vessels have been deficient and inadequately enforced in the past; 16 (2) although federal law regulating commercial passenger vessels was recently 17 enhanced, it still does not require reporting to the state or provide for direct enforcement by 18 the state; 19 (3) although the state should work collaboratively with the federal government 20 and industry, it should not be dependent on the federal government for information regarding 21 commercial passenger vessels operating in waters of this state or for enforcement for 22 environmental violations by commercial passenger vessels; 23 (4) in order to properly manage its resources and provide for sustainable use, 24 the state must know the quantity, composition, location, and frequency of discharges of 25 graywater and sewage from commercial passenger vessels into the state's water; 26 (5) it is necessary to monitor the discharges of graywater and sewage from
01 commercial passenger vessels traveling in state waters, and commercial passenger vessels 02 should bear the requisite costs of the monitoring. 03 * Sec. 2. AS 46.03 is amended by adding new sections to read: 04 Article 6A. Commercial Passenger Vessels. 05 Sec. 46.03.460. Registration requirements. (a) Except as provided in 06 AS 46.03.487, each calendar year in which the owner or operator of a commercial 07 passenger vessel intends to operate, or cause or allow to be operated, the vessel in the 08 marine waters of the state, the owner or operator of the vessel shall register with the 09 department. The registration shall be completed no later than 72 hours after any 10 commercial passenger vessel of the owner or operator calls upon a port in the state. 11 The registration must include the following information: 12 (1) the vessel owner's business name and, if different, the vessel 13 operator's business name for each commercial passenger vessel of the owner that is 14 scheduled to be in the marine waters of the state during the calendar year; 15 (2) the postal address, electronic mail address, telephone number, and 16 facsimile number for the principal place of each business identified under (1) of this 17 subsection; 18 (3) the name and address of an agent for service of process for each 19 business identified under (1) of this subsection; the owner and operator shall 20 continuously maintain a designated agent for service of process whenever a 21 commercial passenger vessel of the owner or operator is in the marine waters of the 22 state, and the agent must be an individual resident of this state, a domestic corporation, 23 or a foreign corporation having a place of business in and authorized to do business in 24 this state; and 25 (4) the name or call sign of and Port of Registry for each of the owner's 26 or operator's vessels that is scheduled either to call upon a port in this state or 27 otherwise to be in the marine waters of the state during the calendar year occurring 28 after the date of registration. 29 (b) Registration under (a) of this section shall be signed under oath by the 30 owner or operator. 31 (c) Upon request of the department, the registrant shall submit registration
01 information required under this section electronically. 02 Sec. 46.03.463. Prohibited discharges; limitations on discharges. (a) 03 Except as provided in (f) of this section or AS 46.03.488, a person may not discharge 04 untreated sewage from a commercial passenger vessel into the marine waters of the 05 state. 06 (b) Except as provided in (f) of this section, AS 46.03.488, or other applicable 07 law or regulation, a person may not discharge treated sewage from a commercial 08 passenger vessel into the marine waters of the state that has a fecal coliform bacterial 09 count greater than 200 colonies per 100 milliliters or suspended solids greater than 150 10 milligrams per liter. 11 (c) Except as provided in (f) of this section, AS 46.03.488, or other applicable 12 law or regulation, beginning January 1, 2003, a person may not discharge graywater 13 from a commercial passenger vessel into the marine waters of the state that has a fecal 14 coliform bacterial count greater than 200 colonies per 100 milliliters or suspended 15 solids greater than 150 milligrams per liter. 16 (d) Except as provided in (e) and (f) of this section, a person may not 17 discharge treated sewage or graywater from a commercial passenger vessel into the 18 marine waters of the state unless 19 (1) the vessel is underway and proceeding at a speed of not less than 20 six knots; 21 (2) the vessel is not less than one nautical mile from the nearest shore, 22 except in areas designated by the department; 23 (3) the discharge complies with all applicable vessel effluent standards 24 established under the federal cruise ship legislation and any other applicable law; and 25 (4) the vessel is not in an area where the discharge of treated sewage or 26 graywater is prohibited. 27 (e) The provisions of (d)(1) and (2) of this section do not apply to a discharge 28 permitted under sec. 1404(b) or (c) of the federal cruise ship legislation. 29 (f) The provisions of (a) - (d) of this section do not apply to discharges made 30 for the purpose of securing the safety of the commercial passenger vessel or saving 31 life at sea, provided that all reasonable precautions have been taken for the purpose of
01 preventing or minimizing the discharge. 02 Sec. 46.03.465. Logbook and sampling requirements. (a) The owner or 03 operator of a commercial passenger vessel shall maintain a logbook and, upon request 04 of the department, provide to the department a report detailing the dates, times, and 05 locations, and the volumes or flow-rates of any discharge of sewage or graywater into 06 the marine waters of the state. The information in the report required under this 07 subsection may be provided by referring to and including copies of other reports 08 concerning the discharge of sewage or graywater that are required by substantially 09 equivalent state or federal reporting requirements. 10 (b) While a commercial passenger vessel is present in the marine waters of the 11 state, the owner or operator of the vessel shall collect samples of the vessel's treated 12 sewage and graywater that is being discharged into the marine waters of the state 13 (1) with a sampling technique approved by the department before the 14 sample is collected; 15 (2) at least twice during the time period consisting of May, June, July, 16 August, and September each year; if the vessel is in the marine waters of the state 17 during more than one of the months specified in this paragraph, the samples required 18 by this subsection shall be collected in two different months; the samples shall be 19 collected at least 15 days apart unless the vessel is in the marine waters of the state for 20 less than 15 days during the time period described in this paragraph, in which case the 21 samples shall be collected on the first and last day that the vessel is in the marine 22 waters of the state during that time period; and 23 (3) no less frequently than samples are required to be collected under 24 federal laws and regulations for treated sewage or graywater discharges. 25 (c) The owner or operator of a vessel required to collect samples under (b) of 26 this section shall have the samples tested to measure fecal coliform, ammonia, residual 27 chlorine, pH (degree of acidity or alkalinity), biochemical oxygen demand (BOD), and 28 total suspended solids in the samples with an analytical testing method that was 29 approved by the department before the testing is conducted. A laboratory used for 30 testing under this subsection may not disclose the testing results to any person other 31 than the department, the United States Coast Guard, or the owner or operator of the
01 vessel. 02 (d) If the owner or operator of a commercial passenger vessel has, when 03 complying with another state or federal law that requires substantially equivalent 04 information gathering, gathered the type of information required under (a), (b), or (c) 05 of this section, the owner or operator shall be considered to be in compliance with that 06 subsection if the information is also provided to the department. 07 Sec. 46.03.470. Record keeping requirements. An owner or operator 08 subject to AS 46.03.465 shall record the information required to be gathered under that 09 section and shall maintain the records for three years after the date the information 10 was gathered. 11 Sec. 46.03.475. Reporting requirements. (a) An owner or operator of a 12 commercial passenger vessel who becomes aware of a discharge that violates 13 AS 46.03.463 shall immediately report that discharge to the department. There is no 14 audit report privilege under AS 09.25.450 for this information. 15 (b) If the owner or operator of a commercial passenger vessel operating in the 16 marine waters of the state is required by the Administrator of the Environmental 17 Protection Agency or the secretary of the federal department in which the United 18 States Coast Guard is operating to collect samples and test sewage or graywater and 19 keep records of the sampling and testing, the owner or operator shall, within 21 days 20 after the sewage or graywater is tested, submit to the department a copy of the records. 21 (c) Within 21 days after the testing required under AS 46.03.465(c), the owner 22 or operator shall submit a written report to the department that contains the 23 measurements required under AS 46.03.465(c) and describes the sampling technique 24 and analytical testing methods used. The information in the report required under this 25 subsection may be provided by referring to, and including copies of, other reports that 26 are required by substantially equivalent state or federal reporting requirements. 27 (d) If the owner or operator of a commercial passenger vessel operating in the 28 marine waters of the state is required by the laws of the United States or by the laws of 29 Canada or of a province or territory of Canada to file a report or to provide notice of a 30 discharge or offloading of a hazardous waste, as defined in AS 46.03.900, or of a 31 hazardous substance, as defined in AS 46.03.826, that was generated, discharged, or
01 offloaded while the vessel was operating in the marine waters of the state, the owner 02 or operator shall submit to the department a copy of the report or notice within 21 days 03 after providing the report or notice to an agency of the government of the United 04 States or to an agency of the government of Canada or of a province or territory of 05 Canada. 06 (e) Upon request of the department, the reports required under this section 07 shall be submitted electronically. 08 (f) This section does not relieve the owner or operator of a commercial 09 passenger vessel from other applicable reporting requirements of state or federal law. 10 Sec. 46.03.480. Fees. (a) Except as provided in AS 46.03.488, there is 11 imposed a coastal protection fee on each commercial passenger vessel, other than a 12 vessel operated by the state, operating in the marine waters of the state. 13 (b) The fee imposed by (a) of this section is a separate fee for each voyage 14 during which the commercial passenger vessel operates in marine waters of the state 15 and is based on the overnight accommodation capacity of the vessel, determined with 16 reference to the number of lower berths, as follows: 17 (1) $75 for a commercial passenger vessel with overnight 18 accommodations for at least 50 but not more than 99 passengers for hire; 19 (2) $175 for a commercial passenger vessel with overnight 20 accommodations for at least 100 but not more than 249 passengers for hire; 21 (3) $375 for a commercial passenger vessel with overnight 22 accommodations for at least 250 but not more than 499 passengers for hire; 23 (4) $750 for a commercial passenger vessel with overnight 24 accommodations for at least 500 but not more than 999 passengers for hire; 25 (5) $1,250 for a commercial passenger vessel with overnight 26 accommodations for at least 1,000 but not more than 1,499 passengers for hire; 27 (6) $1,750 for a commercial passenger vessel with overnight 28 accommodations for at least 1,500 but not more than 1,999 passengers for hire; 29 (7) $2,250 for a commercial passenger vessel with overnight 30 accommodations for at least 2,000 but not more than 2,499 passengers for hire; 31 (8) $2,750 for a commercial passenger vessel with overnight
01 accommodations for at least 2,500 but not more than 2,999 passengers for hire; 02 (9) $3,250 for a commercial passenger vessel with overnight 03 accommodations for at least 3,000 but not more than 3,499 passengers for hire; 04 (10) $3,750 for a commercial passenger vessel with overnight 05 accommodations for 3,500 or more passengers for hire. 06 (c) A commercial passenger vessel operating in marine waters of the state is 07 liable for the fee imposed by this section. The fee is due and payable to the 08 department in the manner and at the times required by the department by regulation. 09 (d) The fee described in this section may not be imposed during any calendar 10 year that begins on or after January 1, 2004, unless the legislature determines by law 11 that imposition of the fee for that calendar year is required to pay for the department's 12 operational and administrative costs necessary to carry out activities under 13 AS 46.03.460 - 46.03.490 and under department regulations establishing standards for 14 marine vessel visible emissions adopted under AS 46.14. 15 Sec. 46.03.482. Alaska commercial passenger vessel coastal protection 16 fund. (a) The Alaska commercial passenger vessel coastal protection fund is created 17 in the general fund. 18 (b) The fund consists of the following, all of which shall be deposited in the 19 fund upon receipt: 20 (1) money received by the department in payment of fees under 21 AS 46.03.480; 22 (2) money received under AS 46.03.760(e) as a result of a violation 23 related to AS 46.03.460 - 46.03.490 unless the money would otherwise be deposited in 24 the oil and hazardous substance release prevention and response fund established by 25 AS 46.08.010; 26 (3) money appropriated to the fund by the legislature; 27 (4) earnings on the fund. 28 (c) The legislature may make appropriations from the fund to the department 29 to pay for the department's operational and administrative costs necessary to prepare a 30 report that assesses the information received by the department under AS 46.03.475 31 for the cruise ship seasons of 2001, 2002, and 2003 and the information received by
01 the department for the cruise ship season of 2000 and for the department's operational 02 and administrative costs necessary to carry out activities under AS 46.03.460 - 03 46.03.490 and under department regulations establishing standards for marine vessel 04 visible emissions adopted under AS 46.14. 05 (d) Money from an appropriation made to the fund remaining in the fund at 06 the end of a fiscal year does not lapse and remains available for appropriation under 07 (c) of this section in successive fiscal years. 08 (e) This section is not intended to create a dedicated fund. 09 Sec. 46.03.485. Recognition program. The department may engage in 10 efforts to encourage and recognize superior environmental protection efforts made by 11 the owners or operators of commercial passenger vessels that exceed the requirements 12 established by law. 13 Sec. 46.03.487. Exemption for commercial passenger vessels in innocent 14 passage. AS 46.03.460 and AS 46.03.465 - 46.03.482 do not apply to a commercial 15 passenger vessel that operates in the marine waters of the state solely in innocent 16 passage. For purposes of this section, a vessel is engaged in innocent passage if its 17 operation in marine waters of the state, regardless of whether the vessel is a United 18 States or foreign-flag vessel, would constitute innocent passage under the 19 (1) Convention on the Territorial Sea and the Contiguous Zone, 20 April 29, 1958, 15 U.S.T. 1606; or 21 (2) United Nations Convention on the Law of the Sea 1982, 22 December 10, 1982, United Nations Publication No. E. 83.V.5, 21 I.L.M. 1261 23 (1982). 24 Sec. 46.03.488. Exemption for certain smaller vessels. (a) If a commercial 25 passenger vessel is granted an exemption under this section, during the period for 26 which the exemption is granted, 27 (1) the prohibitions described in AS 46.03.463(a) - (c) do not apply to 28 a discharge from the vessel; and 29 (2) the vessel is exempt from imposition of the coastal protection fee 30 payable under AS 46.03.480. 31 (b) The department may grant an exemption under this section for a
01 commercial passenger vessel if the 02 (1) vessel has an overnight accommodation capacity of 200 or fewer, 03 determined with reference to the number of lower berths available for passengers for 04 hire; 05 (2) owner or operator demonstrates that environmental protection 06 equivalent to that afforded by the prohibitions in AS 46.03.463(a) - (c) can be attained 07 through other means appropriate for the specific configuration or operation of the 08 vessel and the owner or operator agrees to use those other means; 09 (3) owner or operator submits satisfactory evidence that additional 10 time is needed to make the changes that would be necessary to eliminate the 11 discharges that are prohibited under AS 46.03.463(a) - (c); and 12 (4) owner or operator agrees to comply with additional terms and 13 conditions that may be imposed by the department under (c) of this section. 14 (c) As a condition of granting an exemption under this section, the department 15 may impose special terms and conditions to require additional environmental 16 protection or research if necessary to prevent the vessel owner or operator who has an 17 exemption under this section from obtaining a significant economic advantage over its 18 competitors as a result of the exemption. 19 (d) An exemption under this section is valid for one year. The department 20 may renew an exemption for additional one-year periods if the owner or operator, at 21 the time of renewal, demonstrates that the requirements of (b) of this section continue 22 to be satisfied. However, notwithstanding other provisions of this subsection, an 23 exemption granted under this section is not valid after January 1, 2006. 24 Sec. 46.03.489. Regulations. The department may adopt regulations that are 25 necessary for the implementation of AS 46.03.460 - 46.03.490. The department shall 26 use negotiated regulation making under AS 44.62.710 - 44.62.800, as appropriate, to 27 develop the regulations. 28 Sec. 46.03.490. Definitions. In AS 46.03.460 - 46.03.490, 29 (1) "agent for service of process" means an agent upon whom process, 30 notice, or demand required or permitted by law to be served upon the owner or 31 operator may be served;
01 (2) "commercial passenger vessel" means a vessel that carries 02 passengers for hire except that "commercial passenger vessel" does not include a 03 vessel 04 (A) authorized to carry fewer than 50 passengers; 05 (B) that does not provide overnight accommodations for at 06 least 50 passengers for hire; or 07 (C) operated by the United States or a foreign government; 08 (3) "discharge" means any release, however caused, from a 09 commercial passenger vessel, and includes any escape, disposal, spilling, leaking, 10 pumping, emitting, or emptying; 11 (4) "federal cruise ship legislation" means secs. 1401 - 1414 of H.R. 12 5666, as incorporated by reference into P.L. 106 - 554; 13 (5) "fund" means the Alaska commercial passenger vessel coastal 14 protection fund established under AS 46.03.482; 15 (6) "graywater" means galley, dishwater, bath, and laundry waste 16 water; 17 (7) "marine waters of the state" means all waters within the territory of 18 the state together with all of the waters of the Alexander Archipelago even if not 19 within the territory of the state; 20 (8) "passengers for hire" means vessel passengers for whom 21 consideration is contributed as a condition of carriage on the vessel, whether directly 22 or indirectly flowing to the owner, charterer, operator, agent, or any other person 23 having an interest in the vessel; 24 (9) "sewage" means human body wastes and the wastes from toilets 25 and other receptacles intended to receive or retain human body waste; 26 (10) "treated sewage" means sewage that meets all applicable effluent 27 limitation standards and processing requirements of 33 U.S.C. 1251 - 1376 (Federal 28 Water Pollution Control Act), as amended, the federal cruise ship legislation, and 29 regulations adopted under 33 U.S. 1251 - 1376 or under the federal cruise ship 30 legislation; 31 (11) "untreated sewage" means sewage that is not treated sewage;
01 (12) "vessel" means any form or manner of watercraft, other than a 02 seaplane on the water, whether or not capable of self-propulsion; 03 (13) "voyage" means a vessel trip to or from one or more ports of call 04 in the state with the majority of the passengers for hire completing the entire vessel 05 trip; a vessel trip involving stops at more than one port of call is considered a single 06 voyage so long as the majority of passengers for hire complete the entire trip; 07 (14) "waters of the Alexander Archipelago" means all waters under the 08 sovereignty of the United States within or near Southeast Alaska, beginning at a point 09 58 degrees 11 minutes 41 seconds North, 136 degrees 39 minutes 25 seconds West 10 (near Cape Spencer Light), thence southeasterly along a line three nautical miles 11 seaward of the baseline from which the breadth of the territorial sea is measured in the 12 Pacific Ocean and the Dixon Entrance, except where this line intersects geodesics 13 connecting the following five pairs of points: (A) 58 degrees 05 minutes 17 seconds 14 North, 136 degrees 33 minutes 49 seconds West and 58 degrees 11 minutes 41 15 seconds North, 136 degrees 39 minutes 25 seconds West (Cross Sound); (B) 56 16 degrees 09 minutes 40 seconds North, 134 degrees 40 minutes 00 seconds West and 17 55 degrees 49 minutes 15 seconds North, 134 degrees 17 minutes 40 seconds West 18 (Chatham Strait); (C) 55 degrees 49 minutes 15 seconds North, 134 degrees 17 19 minutes 40 seconds West and 55 degrees 50 minutes 30 seconds North, 133 degrees 20 54 minutes 15 seconds West (Sumner Strait); (D) 54 degrees 41 minutes 30 seconds 21 North, 132 degrees 01 minutes 00 seconds West and 54 degrees 51 minutes 30 22 seconds North, 131 degrees 20 minutes 45 seconds West (Clarence Strait); (E) 54 23 degrees 51 minutes 30 seconds North, 131 degrees 20 minutes 45 seconds West and 24 54 degrees 46 minutes 15 seconds North, 130 degrees 52 minutes 00 seconds West 25 (Revillagigedo Channel); the portion of each such geodesic situated beyond three 26 nautical miles from the baseline from which the breadth of the territorial sea is 27 measured forms the outer limit of the waters of the Alexander Archipelago in those 28 five locations. 29 * Sec. 3. AS 37.05.146(b)(4) is amended by adding a new subparagraph to read: 30 (XX) receipts from the coastal protection fees imposed under 31 AS 46.03.480;
01 * Sec. 4. AS 46.03.760(e) is amended to read: 02 (e) A person who violates or causes or permits to be violated a provision of 03 AS 46.03.250 - 46.03.313, 46.03.460 - 46.03.475 [AS 46.03.250 - 46.03.314], 04 AS 46.14, or a regulation, a lawful order of the department, or a permit, approval, or 05 acceptance, or term or condition of a permit, approval, or acceptance issued under 06 AS 46.03.250 - 46.03.313, 46.03.460 - 46.03.475, [AS 46.03.250 - 46.03.314] or 07 AS 46.14 is liable, in a civil action, to the state for a sum to be assessed by the court of 08 not less than $500 nor more than $100,000 for the initial violation, nor more than 09 $10,000 for each day after that on which the violation continues, and that shall reflect, 10 when applicable, 11 (1) reasonable compensation in the nature of liquidated damages for 12 any adverse environmental effects caused by the violation, that shall be determined by 13 the court according to the toxicity, degradability and dispersal characteristics of the 14 substance discharged, the sensitivity of the receiving environment, and the degree to 15 which the discharge degrades existing environmental quality; for a violation relating to 16 AS 46.14, the court, in making its determination under this paragraph, shall also 17 consider the degree to which the discharge causes harm to persons or property; for a 18 violation of AS 46.03.463, the court, in making its determination under this 19 paragraph, shall also consider the volume of the graywater or sewage discharged; 20 this paragraph may not be construed to limit the right of parties other than the state to 21 recover for personal injuries or damage to their property; 22 (2) reasonable costs incurred by the state in detection, investigation, 23 and attempted correction of the violation; 24 (3) the economic savings realized by the person in not complying with 25 the requirement for which a violation is charged; and 26 (4) the need for an enhanced civil penalty to deter future 27 noncompliance. 28 * Sec. 5. AS 46.03.790(a) is amended to read: 29 (a) Except as provided in (d) of this section, a person is guilty of a class A 30 misdemeanor if the person with criminal negligence 31 (1) violates a provision of this chapter, AS 46.04, AS 46.09, or
01 AS 46.14, a regulation or order of the department, or a permit, approval, or 02 acceptance, or a term or condition of a permit, approval, or acceptance issued under 03 this chapter, AS 46.04, AS 46.09, or AS 46.14; 04 (2) fails to provide information or provides false information required 05 by AS 46.03.465, 46.03.475, 46.03.755, AS 46.04, or AS 46.09, or by a regulation 06 adopted by the department under AS 46.03.755, 46.03.489, AS 46.04, or AS 46.09; 07 (3) makes a false statement or representation in an application, label, 08 manifest, record, report, permit, or other document filed, maintained, or used for 09 purposes of compliance with AS 46.03.250 - 46.03.313 [AS 46.03.250 - 46.03.314] 10 applicable to hazardous wastes or a regulation adopted by the department under 11 AS 46.03.250 - 46.03.313 [AS 46.03.250 - 46.03.314]; 12 (4) makes a false statement, representation, or certification in an 13 application, notice, record, report, permit, or other document filed, maintained, or used 14 for purposes of compliance with AS 46.03.460 - 46.03.475, AS 46.14, or a regulation 15 adopted under AS 46.03.489 or AS 46.14; or 16 (5) renders inaccurate a monitoring device or method required to be 17 maintained under AS 46.14, a regulation adopted under AS 46.14, or a permit issued 18 by the department or a local air quality control program under AS 46.14. 19 * Sec. 6. AS 46.03.488 is repealed January 1, 2006. 20 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 APPLICABILITY OF REPORTING REQUIREMENTS. (a) Notwithstanding 23 AS 46.03.460(a), enacted by sec. 2 of this Act, the first registration required under 24 AS 46.03.460(a) for the owner or operator of a commercial passenger vessel that is in the 25 marine waters of the state on July 1, 2001, is 11:59 p.m., Alaska Daylight Time, on July 3, 26 2001, regardless of whether the vessel has called upon or will call upon a port in the state on 27 or after July 1, 2001. 28 (b) The information-gathering and record keeping requirements of AS 46.03.465 and 29 46.03.470, enacted by sec. 2 of this Act, apply on and after July 1, 2001. The first report that 30 is due under AS 46.03.475, enacted by sec. 2 of this Act, is due August 21, 2001. 31 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION: INITIAL IMPLEMENTATION OF FEES. (a) For a commercial 03 passenger vessel voyage occurring on or after July 1, 2001, and before the effective date of 04 regulations adopted by the department under AS 46.03.480, enacted by sec. 2 of this Act, 05 providing for payment of the coastal protection fee, the coastal protection fee required by 06 AS 46.03.480, enacted by sec. 2 of this Act, for each voyage during which the commercial 07 passenger vessel is scheduled to operate in waters of this state, is due and payable to the 08 department on or before July 31 of the calendar year in which the voyage is scheduled to 09 occur. An additional amount owed under this subsection because of an unscheduled voyage, 10 or a refund request under this subsection because of a canceled voyage, must be submitted to 11 the department within 30 days after the vessel's last voyage in waters of the state in that 12 calendar year. 13 (b) The fee imposed under this section is not applicable until January 1, 2002, to 14 commercial passenger vessels with an overnight accommodation capacity of 200 or fewer, 15 determined by the number of lower berths available for passengers for hire. On and after 16 January 1, 2002, the fee imposed under this section is not applicable to a commercial 17 passenger vessel that is operating under an exemption granted under AS 46.03.488, enacted 18 by sec. 2 of this Act. 19 (c) The fee described in this section may not be imposed during any calendar year that 20 begins on or after January 1, 2004, unless the legislature determines by law that imposition of 21 the fee for that calendar year is required to pay for the department's operational and 22 administrative costs necessary to carry out activities under AS 46.03.460 - 46.03.490, enacted 23 by sec. 2 of this Act, and under department regulations establishing standards for marine 24 vessel visible emissions adopted under AS 46.14. 25 (d) In this section, "commercial passenger vessel," "department," "passengers for 26 hire," "voyage," and "waters" have the meanings given in AS 46.03.490, enacted by sec. 2 of 27 this Act. 28 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 DELAYED APPLICABILITY TO SMALLER VESSELS. (a) Notwithstanding sec. 31 12 of this Act, AS 46.03.463(a) and (b) and 46.03.480, enacted by sec. 2 of this Act, do not
01 apply until January 1, 2002, in the case of commercial passenger vessels with an overnight 02 accommodation capacity of 200 or fewer, determined by the number of lower berths available 03 for passengers for hire. 04 (b) In this section, "commercial passenger vessel" and "passengers for hire" have the 05 meanings given in AS 46.03.490, enacted by sec. 2 of this Act. 06 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 ASSESSMENT REPORT. (a) By January 15, 2004, the Department of 09 Environmental Conservation shall submit to the governor a report that assesses the 10 information received by the department under AS 46.03.475 for the cruise ship seasons of 11 2001, 2002, and 2003 and information received by the department for the cruise ship season 12 of 2000. The report must include 13 (1) a characterization, to the extent possible, of the risks to the marine and 14 human environments posed by the discharge of sewage and graywater from commercial 15 passenger vessels; 16 (2) evaluation of the sewage and graywater treatment systems and 17 technologies on the vessels; and 18 (3) recommendations for future action by the state in relation to the matters 19 discussed in the report. 20 (b) While producing the assessment required under this section, the department shall 21 consult appropriate federal agencies, owners and operators of passenger vessels, and other 22 interested parties. 23 (c) The department shall notify the legislature when the report required under this 24 section has been submitted to the governor. 25 (d) In this section, "department" means the Department of Environmental 26 Conservation. 27 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 INSTRUCTION TO REVISOR. (a) When AS 46.03.488 is repealed, the revisor of 30 statutes shall correct the following statutes to remove references to AS 46.03.488: 31 (1) AS 46.03.463(a) - (c); and
01 (2) AS 46.03.480(a). 02 (b) To the extent necessary to maintain a grammatically and substantively coherent 03 sentence, the revisor, when removing a reference to AS 46.03.488 under (a) of this section, 04 may also remove or modify language surrounding the reference in order to implement 05 removal of the reference. 06 * Sec. 12. This Act takes effect July 1, 2001.