CSHB 260(FIN) am S: "An Act relating to marine passenger vessels; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 260(FIN) am S 01 "An Act relating to marine passenger vessels; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 46.03 is amended by adding new sections to read: 04 Article 6A. Commercial Passenger Vessel Environmental Compliance Program. 05 Sec. 46.03.460. Program established. (a) There is established the 06 commercial passenger vessel environmental compliance program providing for 07 (1) terms and conditions of vessel discharges; 08 (2) independent verification of environmental compliance; and 09 (3) allowing the department to monitor and supervise discharges from 10 commercial passenger vessels through a registration system. 11 (b) The department may adopt regulations to carry out the purposes of 12 AS 46.03.460 - 46.03.490. The department shall use negotiated regulation making 13 under AS 44.62.710 - 44.62.800, when appropriate, to develop those regulations. 14 Sec. 46.03.461. Registration requirements. (a) Except as provided in 15 AS 46.03.487, each calendar year in which the owner or operator of a commercial
01 passenger vessel intends to operate, or cause or allow to be operated, the vessel in the 02 marine waters of the state, the owner or operator of the vessel shall register with the 03 department. The registration shall be completed before the time any commercial 04 passenger vessel of the owner or operator enters the marine waters of the state in that 05 calendar year. The registration must include the following information: 06 (1) the vessel owner's business name and, if different, the vessel 07 operator's business name for each commercial passenger vessel of the owner or 08 operator that is scheduled to be in the marine waters of the state during the calendar 09 year; 10 (2) the postal address, electronic mail address, telephone number, and 11 facsimile number for the principal place of each business identified under (1) of this 12 subsection; 13 (3) the name and address of an agent for service of process for each 14 business identified under (1) of this subsection; the owner and operator shall 15 continuously maintain a designated agent for service of process whenever a 16 commercial passenger vessel of the owner or operator is in the marine waters of the 17 state, and the agent must be an individual resident of this state, a domestic corporation, 18 or a foreign corporation having a place of business in and authorized to do business in 19 this state; 20 (4) the name or call sign of and Port of Registry for each of the owner's 21 or operator's vessels that is scheduled either to call upon a port in this state or 22 otherwise to be in the marine waters of the state during the calendar year and after the 23 date of registration; and 24 (5) an agreement to comply with the terms and conditions of vessel 25 discharges specified under AS 46.03.462. 26 (b) Registration under (a) of this section shall be executed under oath by the 27 owner or operator. 28 (c) Upon request of the department, the registrant shall submit registration 29 information required under this section electronically. 30 Sec. 46.03.462. Terms and Conditions of Discharges. (a) An owner or 31 operator required to register under AS 46.03.461 shall comply with either the standard
01 terms and conditions of vessel discharges specified in (b) of this section or the 02 alternative terms and conditions of vessel discharges specified in (c) of this section. 03 (b) The standard terms and conditions of vessel discharges are that the owner 04 or operator 05 (1) may not discharge untreated sewage, treated sewage, graywater, or 06 other wastes in a manner that violates AS 46.03.463; 07 (2) shall maintain records and provide the reports required under 08 AS 46.03.465(a); 09 (3) shall collect and test samples as required under AS 46.03.465(b) 10 and (d) and provide the reports with respect to those samples required by 11 AS 46.03.475(c); 12 (4) shall report discharges in accordance with AS 46.03.475(a); 13 (5) shall allow the department access to the vessel at the time samples 14 are taken under AS 46.03.465 for purposes of taking the samples or for purposes of 15 verifying the integrity of the sampling process; and 16 (6) shall submit records, notices, and reports to the department in 17 accordance with AS 46.03.475(b), (d), and (e). 18 (c) The department may establish alternative terms and conditions of vessel 19 discharges applicable to an owner or operator of a vessel who cannot practicably 20 comply with the standard terms and conditions of vessel discharges under (b) of this 21 section, or who wishes to use or test alternative environmental protection equipment or 22 procedures. Except as specified in alternative terms and conditions set by the 23 department under this subsection, the alternative terms and conditions of vessel 24 discharges must require compliance with the standard terms and conditions of vessel 25 discharges under (b) of this section. The department, on a case-by-case basis, may set 26 alternative terms and conditions of vessel discharges if 27 (1) the vessel owner or operator demonstrates to the department's 28 reasonable satisfaction that equivalent environmental protection can be attained 29 through other terms or conditions appropriate for the specific configuration or 30 operation of the vessel; 31 (2) the vessel owner or operator agrees to make necessary changes to
01 the vessel to allow it to comply with the standard terms and conditions of vessel 02 discharges under (b) of this section but demonstrates to the department's reasonable 03 satisfaction that additional time is needed to make the necessary changes; or 04 (3) an experimental technology or method for pollution control of a 05 discharge is being used or is proposed as one of the alternative terms and conditions of 06 vessel discharges and the department determines that the experimental technology or 07 method has a reasonable likelihood of success in providing increased protection for 08 the environment. 09 (d) Alternative terms and conditions of vessel discharges approved by the 10 department under (c) of this section may, if determined appropriate by the department, 11 include a waiver by the department of portions of the requirements of AS 46.03.463 12 and 46.03.465, for the time period that the department determines to be appropriate. 13 Sec. 46.03.463. Prohibited discharges; limitations on discharges. (a) 14 Except as provided in (g) of this section, a person may not discharge untreated sewage 15 from a commercial passenger vessel into the marine waters of the state. 16 (b) Except as provided in (h) of this section or under AS 46.03.462(c) - (d), a 17 person may not discharge sewage from a commercial passenger vessel into the marine 18 waters of the state that has suspended solids greater than 150 milligrams per liter or a 19 fecal coliform count greater than 200 colonies per 100 milliliters except that the 20 department may by regulation adopt a protocol for retesting for fecal coliform if this 21 discharge limit for fecal coliform is exceeded, under which a discharger will be 22 considered to be in compliance with the fecal coliform limit, if the geometric mean of 23 fecal coliform count in the samples considered under the protocol does not exceed 200 24 colonies per 100 milliliters. Upon submission by the owner or operator of a small 25 commercial passenger vessel of a plan for interim protective measures, the department 26 shall extend the time for compliance of that vessel with this subsection. 27 (c) Except as provided in (h) of this section or under AS 46.03.462(c) - (d), a 28 person may not discharge graywater or other wastes from a commercial passenger 29 vessel into the marine waters of the state that has suspended solids greater than 150 30 milligrams per liter or a fecal coliform count greater than 200 colonies per 100 31 milliliters except that the department may by regulation adopt a protocol for retesting
01 for fecal coliform if this discharge limit for fecal coliform is exceeded, under which a 02 discharger will be considered to be in compliance with the fecal coliform limit, if the 03 geometric mean of fecal coliform count in the samples considered under the protocol 04 does not exceed 200 colonies per 100 milliliters. Upon submission by the owner or 05 operator of a large commercial passenger vessel of a plan for interim protective 06 measures, the department shall extend the time for compliance of that vessel with this 07 subsection for a period of time that ends not later than January 1, 2003. Upon 08 submission by the owner or operator of a small commercial passenger vessel of a plan 09 for interim protective measures, the department shall extend the time for compliance 10 of that vessel with this subsection. 11 (d) The department may by regulation establish numeric or narrative standards 12 for other parameters for treated sewage, graywater, and other wastes discharged from 13 commercial passenger vessels. In developing regulations under this subsection, the 14 department shall consider the best available scientific information on the 15 environmental effects of the regulated discharges, the materials and substances 16 handled on the vessels, vessel movement effects, and the availability of new 17 technologies for wastewater. 18 (e) Except as provided in (f) and (h) of this section or under AS 46.03.462(c) - 19 (d), a person may not discharge any treated sewage, graywater, or other wastes from a 20 large commercial passenger vessel into the marine waters of the state unless 21 (1) the vessel is underway and proceeding at a speed of not less than 22 six knots; 23 (2) the vessel is at least one nautical mile from the nearest shore, 24 except in areas designated by the department; 25 (3) the discharge complies with all applicable vessel effluent standards 26 established under the federal cruise ship legislation and any other applicable law; the 27 standards under the federal cruise ship legislation and other applicable law may be 28 adopted by regulation by the department; and 29 (4) the vessel is not in an area where the discharge of treated sewage, 30 graywater, or other wastes is prohibited. 31 (f) Except as provided in (h) of this section, a person may not discharge
01 sewage from a small commercial passenger vessel unless the sewage has been 02 processed through a properly operated and properly maintained marine sanitation 03 device. 04 (g) The provisions of (e)(1) and (e)(2) of this section do not apply to a 05 discharge permitted under sec. 1404(b) or (c) of the federal cruise ship legislation. 06 (h) The provisions of (a) - (e) of this section do not apply to discharges made 07 for the purpose of securing the safety of the commercial passenger vessel or saving 08 life at sea if all reasonable precautions have been taken for the purpose of preventing 09 or minimizing the discharge. 10 Sec. 46.03.465. Information-gathering requirements. (a) Except as 11 provided under AS 46.03.462(c) - (d), the owner or operator of a commercial 12 passenger vessel shall maintain records and, upon request of the department, provide 13 to the department a report, with copies of the records related to the period of operation 14 in the marine waters of the state, detailing the dates, times, and locations, and the 15 volumes or flow-rates of any discharge of sewage, graywater, or other wastes into the 16 marine waters of the state. 17 (b) Except as provided under AS 46.03.462(c) - (d), while a commercial 18 passenger vessel is present in the marine waters of the state, the owner or operator of 19 the vessel shall collect routine samples of the vessel's treated sewage, graywater, and 20 other wastes that are being discharged into the marine waters of the state with a 21 sampling technique approved by the department before the sample is collected. The 22 number of routine samples for each vessel to be collected under this subsection shall 23 be the greater of two per calendar year or the number of samples required to be 24 collected under federal statutes and regulations for sewage, graywater, or other waste 25 discharges. 26 (c) Except as provided under AS 46.03.462(c) - (d), while a commercial 27 passenger vessel is present in the marine waters of the state, the department, or an 28 independent contractor retained by the department, may collect additional samples of 29 the vessel's treated sewage, graywater, and other wastes that are being discharged into 30 the marine waters of the state. 31 (d) Except as provided under AS 46.03.462(c) - (d), the owner or operator of a
01 vessel required to collect samples under (b) of this section shall have the samples 02 tested to measure fecal coliform, ammonia, residual chlorine, pH (degree of acidity or 03 alkalinity), chemical oxygen demand (COD), biochemical oxygen demand (BOD), 04 total suspended solids, and other parameters as required by the department in the 05 samples with an analytical testing method that was approved by the department before 06 the testing is conducted. A laboratory used for testing under this subsection shall 07 agree not to disclose the testing results to any person other than to the department, the 08 United States Coast Guard, or the owner or operator of the vessel. 09 (e) The owner or operator of a commercial passenger vessel shall pay for all 10 routine sampling under (b) of this section and the testing of routine samples. The 11 department shall pay for all additional sampling under (c) of this section and the 12 testing of the additional samples. 13 (f) If the owner or operator of a commercial passenger vessel has, when 14 complying with another state or federal law that requires substantially equivalent 15 information gathering, gathered the type of information required under (a), (b), or (d) 16 of this section, the owner or operator shall be considered to be in compliance with that 17 subsection so long as the information is also provided to the department. 18 Sec. 46.03.470. Record keeping requirements. An owner or operator 19 subject to AS 46.03.465 shall record the information required to be gathered under that 20 section and shall maintain the records for three years after the date the information 21 was gathered. 22 Sec. 46.03.475. Reporting requirements. (a) An owner or operator of a 23 commercial passenger vessel who becomes aware of a discharge in violation of 24 AS 46.03.463 shall immediately report that discharge to the department. There is no 25 audit report privilege under AS 09.25.450 for this information. 26 (b) If the owner or operator of a commercial passenger vessel operating in the 27 marine waters of the state is required by the Administrator of the Environmental 28 Protection Agency or the secretary of the federal department in which the United 29 States Coast Guard is operating to collect samples and test sewage, graywater, or other 30 wastes and keep records of the sampling and testing, the owner or operator shall, 31 within 21 days after the sewage, graywater, or other wastes is tested, submit to the
01 department a copy of the records. 02 (c) Within 21 days after the testing required under AS 46.03.465(d), the owner 03 or operator shall submit a written report to the department that contains the 04 measurements required under AS 46.03.465(d) and describes the sampling technique 05 and analytical testing methods used. The information in the report required under this 06 subsection may be provided by referring to, and including copies of, other reports that 07 are required by substantially equivalent state or federal reporting requirements. 08 (d) If the owner or operator of a commercial passenger vessel operating in the 09 marine waters of the state is required by the laws of the United States or by the laws 10 of Canada or of a province or territory of Canada to file a report or provide notice of a 11 discharge or offloading of a hazardous waste, as defined in AS 46.03.900, or of a 12 hazardous substance, as defined in AS 46.03.826, that was generated, discharged, or 13 offloaded while the vessel was operating in the marine waters of the state, the owner 14 or operator shall submit to the department a copy of the report or notice within 21 days 15 after having provided the report or notice to an agency of the government of the 16 United States or to an agency of the government of Canada or of a province or 17 territory of Canada. 18 (e) Before the operation of a commercial passenger vessel in the marine 19 waters of the state, the owner or operator of the vessel shall provide to the department 20 a plan that describes the vessel's policies and procedures for 21 (1) offloading in this state or disposing into the marine waters of the 22 state of nonhazardous solid waste other than sewage; and 23 (2) offloading of hazardous waste or a hazardous substance from the 24 vessel while it is operating in the marine waters of the state to the extent that the 25 offloading is not covered by (d) of this section. 26 (f) Upon request of the department, the information required under this section 27 shall be submitted electronically. 28 (g) This section does not relieve the owner or operator of a commercial 29 passenger vessel from other applicable reporting requirements of state or federal law. 30 Sec. 46.03.480. Fees. (a) There is imposed an environmental compliance fee 31 on each commercial passenger vessel operating in the marine waters of the state.
01 (b) The fee imposed by (a) of this section for all commercial passenger 02 vessels, other than vessels operated by the state, is a separate fee for each voyage 03 during which the commercial passenger vessel operates in the marine waters of the 04 state. The fee shall range from $.70 to $1.75 per berth, based on the overnight 05 accommodation capacity of the vessel, determined with reference to the number of 06 lower berths, according to the following categories: 07 (1) $75 for a commercial passenger vessel with overnight 08 accommodations for at least 50 but not more than 99 passengers for hire; 09 (2) $175 for a commercial passenger vessel with overnight 10 accommodations for at least 100 but not more than 249 passengers for hire; 11 (3) $375 for a commercial passenger vessel with overnight 12 accommodations for at least 250 but not more than 499 passengers for hire; 13 (4) $750 for a commercial passenger vessel with overnight 14 accommodations for at least 500 but not more than 999 passengers for hire; 15 (5) $1,250 for a commercial passenger vessel with overnight 16 accommodations for at least 1,000 but not more than 1,499 passengers for hire; 17 (6) $1,750 for a commercial passenger vessel with overnight 18 accommodations for at least 1,500 but not more than 1,999 passengers for hire; 19 (7) $2,250 for a commercial passenger vessel with overnight 20 accommodations for at least 2,000 but not more than 2,499 passengers for hire; 21 (8) $2,750 for a commercial passenger vessel with overnight 22 accommodations for at least 2,500 but not more than 2,999 passengers for hire; 23 (9) $3,250 for a commercial passenger vessel with overnight 24 accommodations for at least 3,000 but not more than 3,499 passengers for hire; 25 (10) $3,750 for each commercial passenger vessel with overnight 26 accommodations for 3,500 or more passengers for hire. 27 (c) The fee imposed by (a) of this section for a commercial passenger vessel 28 that is operated by this state shall be determined by agreement between the 29 commissioner of environmental conservation and the commissioner of transportation 30 and public facilities. 31 (d) A commercial passenger vessel operating in the marine waters of the state
01 is liable for the fee imposed by this section. The fee is due and payable to the 02 department in the manner and at the times required by the department by regulation. 03 Sec. 46.03.482. Commercial passenger vessel environmental compliance 04 fund. (a) The commercial passenger vessel environmental compliance fund is created 05 in the general fund. 06 (b) The fund consists of the following, all of which shall be deposited in the 07 fund upon receipt: 08 (1) money received by the department in payment of fees under 09 AS 46.03.480; 10 (2) money received under AS 46.03.760(e) as a result of a violation 11 related to AS 46.03.460 - 46.03.490 unless the money would otherwise be deposited in 12 the oil and hazardous substance release prevention and response fund established by 13 AS 46.08.010; 14 (3) money appropriated to the fund by the legislature; 15 (4) earnings on the fund. 16 (c) The legislature may make appropriations from the fund to the department 17 to pay for the department's operational costs necessary to prepare reports that assess 18 the information received by the department for the cruise ship seasons of 2001, 2002, 19 and 2003 and the information received by the department for the cruise ship season of 20 2000 and for the department's operational costs necessary to carry out activities under 21 AS 46.03.460 - 46.03.490 relating to commercial passenger vessels. 22 (d) The unexpended and unobligated balance of an appropriation made from 23 the fund to the department for the purposes described in (c) of this section lapses into 24 the fund on December 31 following the end of the period for which the appropriation 25 was made. 26 (e) Nothing in this section creates a dedicated fund. 27 Sec. 46.03.485. Recognition program. The department may engage in 28 efforts to encourage and recognize superior environmental protection efforts made by 29 the owners or operators of commercial passenger vessels that exceed the requirements 30 established by law. 31 Sec. 46.03.487. Exemption for vessels in innocent passage. AS 46.03.460 -
01 46.03.490 do not apply to a commercial passenger vessel that operates in the marine 02 waters of the state solely in innocent passage. For purposes of this section, a vessel is 03 engaged in innocent passage if its operation in marine waters of the state, regardless of 04 whether the vessel is a United States or foreign-flag vessel, would constitute innocent 05 passage under the 06 (1) Convention on the Territorial Sea and the Contiguous Zone, 07 April 29, 1958, 15 U.S.T. 1606; or 08 (2) United Nations Convention on the Law of the Sea 1982, 09 December 10, 1982, United Nations Publication No. E.83.V.5., 21 I.L.M. 1261 10 (1982), were the vessel a foreign-flag vessel. 11 Sec. 46.03.488. Activities of the department. The department may engage in 12 the following activities relating to commercial passenger vessels operating in the 13 marine waters of the state: 14 (1) direct in-water monitoring of discharges or releases of sewage, 15 graywater, and other wastes and direct monitoring of the opacity of air emissions from 16 those vessels; 17 (2) monitoring and studying of direct or indirect environmental effects 18 of those vessels; and 19 (3) researching ways to reduce effects of the vessels on marine waters 20 and other coastal resources. 21 Sec. 46.03.490. Definitions. In AS 46.03.460 - 46.03.490, 22 (1) "agent for service of process" means an agent upon whom process, 23 notice, or demand required or permitted by law to be served upon the owner or 24 operator may be served; 25 (2) "commercial passenger vessel" means a vessel that carries 26 passengers for hire except that "commercial passenger vessel" does not include a 27 vessel 28 (A) authorized to carry fewer than 50 passengers; 29 (B) that does not provide overnight accommodations for at 30 least 50 passengers for hire, determined with reference to the number of lower 31 berths; or
01 (C) operated by the United States or a foreign government; 02 (3) "discharge" means any release, however caused, from a 03 commercial passenger vessel, and includes any escape, disposal, spilling, leaking, 04 pumping, emitting, or emptying; 05 (4) "federal cruise ship legislation" means secs. 1401 - 1414 of H.R. 06 5666, as incorporated by reference into P.L. 106 - 554; 07 (5) "fund" means the commercial passenger vessel environmental 08 compliance fund established under AS 46.03.482; 09 (6) "graywater" means galley, dishwasher, bath, and laundry waste 10 water; 11 (7) "large commercial passenger vessel" means a commercial 12 passenger vessel that provides overnight accommodations for 250 or more passengers 13 for hire, determined with reference to the number of lower berths; 14 (8) "marine waters of the state" means all waters within the boundaries 15 of the state together with all of the waters of the Alexander Archipelago even if not 16 within the boundaries of the state; 17 (9) "offloading" means the removal of a hazardous substance, 18 hazardous waste, or nonhazardous solid waste from a commercial passenger vessel 19 onto or into a controlled storage, processing, or disposal facility or treatment works; 20 (10) "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 (11) "sewage" means human body wastes and the wastes from toilets 25 and other receptacles intended to receive or retain human body waste; 26 (12) "small commercial passenger vessel" means a commercial 27 passenger vessel that provides overnight accommodations for 249 or fewer passengers 28 for hire, determined with reference to the number of lower berths; 29 (13) "treated sewage" means sewage that meets all applicable effluent 30 limitation standards and processing requirements of 33 U. S. C. 1251 - 1376 (Federal 31 Water Pollution Control Act), as amended, the federal cruise ship legislation, and
01 regulations adopted under 33 U.S.C. 1251 - 1376 or under the federal cruise ship 02 legislation; 03 (14) "untreated sewage" means sewage that is not treated sewage; 04 (15) "vessel" means any form or manner of watercraft, other than a 05 seaplane on the water, whether or not capable of self-propulsion; 06 (16) "voyage" means a vessel trip to or from one or more ports of call 07 in the state with the majority of the passengers for hire completing the entire vessel 08 trip; a vessel trip involving stops at more than one port of call is considered a single 09 voyage so long as the majority of passengers for hire complete the entire trip; 10 (17) "waters of the Alexander Archipelago" means all waters under the 11 sovereignty of the United States within or near Southeast Alaska, beginning at a point 12 58 degrees 11 minutes 41 seconds North, 136 degrees 39 minutes 25 seconds West 13 (near Cape Spencer Light), thence southeasterly along a line three nautical miles 14 seaward of the baseline from which the breadth of the territorial sea is measured in the 15 Pacific Ocean and the Dixon Entrance, except where this line intersects geodesics 16 connecting the following five pairs of points: (A) 58 degrees 05 minutes 17 seconds 17 North, 136 degrees 33 minutes 49 seconds West and 58 degrees 11 minutes 41 18 seconds North, 136 degrees 39 minutes 25 seconds West (Cross Sound); (B) 56 19 degrees 09 minutes 40 seconds North, 134 degrees 40 minutes 00 seconds West and 20 55 degrees 49 minutes 15 seconds North, 134 degrees 17 minutes 40 seconds West 21 (Chatham Strait); (C) 55 degrees 49 minutes 15 seconds North, 134 degrees 17 22 minutes 40 seconds West and 55 degrees 50 minutes 30 seconds North, 133 degrees 23 54 minutes 15 seconds West (Sumner Strait); (D) 54 degrees 41 minutes 30 seconds 24 North, 132 degrees 01 minutes 00 seconds West and 54 degrees 51 minutes 30 25 seconds North, 131 degrees 20 minutes 45 seconds West (Clarence Strait); (E) 54 26 degrees 51 minutes 30 seconds North, 131 degrees 20 minutes 45 seconds West and 27 54 degrees 46 minutes 15 seconds North, 130 degrees 52 minutes 00 seconds West 28 (Revillagigedo Channel); the portion of each such geodesic situated beyond three 29 nautical miles from the baseline from which the breadth of the territorial sea is 30 measured forms the outer limit of the waters of the Alexander Archipelago in those 31 five locations.
01 * Sec. 2. AS 37.05.146(b)(4) is amended by adding a new subparagraph to read: 02 (XX) receipts described in AS 46.03.482(b)(1) and (2) received 03 under the commercial passenger vessel environmental compliance program; 04 * Sec. 3. AS 46.03.760(e) is amended to read: 05 (e) A person who violates or causes or permits to be violated a provision of 06 AS 46.03.250 - 46.03.313, 46.03.460 - 46.03.475 [AS 46.03.250 - 46.03.314], 07 AS 46.14, or a regulation, a lawful order of the department, or a permit, approval, or 08 acceptance, or term or condition of a permit, approval, or acceptance issued under 09 AS 46.03.250 - 46.03.313, 46.03.460 - 46.03.475, [AS 46.03.250 - 46.03.314] or 10 AS 46.14 is liable, in a civil action, to the state for a sum to be assessed by the court of 11 not less than $500 nor more than $100,000 for the initial violation, nor more than 12 $10,000 for each day after that on which the violation continues, and that shall reflect, 13 when applicable, 14 (1) reasonable compensation in the nature of liquidated damages for 15 any adverse environmental effects caused by the violation, that shall be determined by 16 the court according to the toxicity, degradability and dispersal characteristics of the 17 substance discharged, the sensitivity of the receiving environment, and the degree to 18 which the discharge degrades existing environmental quality; for a violation relating to 19 AS 46.14, the court, in making its determination under this paragraph, shall also 20 consider the degree to which the discharge causes harm to persons or property; for a 21 violation of AS 46.03.463, the court, in making its determination under this 22 paragraph, shall also consider the volume of the graywater, sewage, or other 23 wastes discharged; this paragraph may not be construed to limit the right of parties 24 other than the state to recover for personal injuries or damage to their property; 25 (2) reasonable costs incurred by the state in detection, investigation, 26 and attempted correction of the violation; 27 (3) the economic savings realized by the person in not complying with 28 the requirement for which a violation is charged; and 29 (4) the need for an enhanced civil penalty to deter future 30 noncompliance. 31 * Sec. 4. AS 46.03.790(a) is amended to read:
01 (a) Except as provided in (d) of this section, a person is guilty of a class A 02 misdemeanor if the person with criminal negligence 03 (1) violates a provision of this chapter, AS 46.04, AS 46.09, or 04 AS 46.14, a regulation or order of the department, or a permit, approval, or 05 acceptance, or a term or condition of a permit, approval, or acceptance issued under 06 this chapter, AS 46.04, AS 46.09, or AS 46.14; 07 (2) fails to provide information or provides false information required 08 by AS 46.03.465, 46.03.475, 46.03.755, AS 46.04, or AS 46.09, or by a regulation 09 adopted by the department under AS 46.03.460, 46.03.755 [AS 46.03.755], AS 46.04, 10 or AS 46.09; 11 (3) makes a false statement or representation in an application, label, 12 manifest, record, report, permit, or other document filed, maintained, or used for 13 purposes of compliance with AS 46.03.250 - 46.03.313 [AS 46.03.250 - 46.03.314] 14 applicable to hazardous wastes or a regulation adopted by the department under 15 AS 46.03.250 - 46.03.313 [AS 46.03.250 - 46.03.314]; 16 (4) makes a false statement, representation, or certification in an 17 application, notice, record, report, permit, or other document filed, maintained, or used 18 for purposes of compliance with AS 46.03.460 - 46.03.475, AS 46.14, or a regulation 19 adopted under AS 46.03.460 or AS 46.14; or 20 (5) renders inaccurate a monitoring device or method required to be 21 maintained under AS 46.14, a regulation adopted under AS 46.14, or a permit issued 22 by the department or a local air quality control program under AS 46.14. 23 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICABILITY OF REPORTING REQUIREMENTS. (a) Notwithstanding 26 AS 46.03.461(a), enacted by sec. 1 of this Act, the first registration required under 27 AS 46.03.461(a) for the owner or operator of a commercial passenger vessel that is subject to 28 that section and is in the marine waters of the state on July 1, 2001, is 11:59 p.m., Alaska 29 Daylight Time, on July 3, 2001. 30 (b) The information-gathering and record keeping requirements of AS 46.03.465 and 31 46.03.470, enacted by sec. 1 of this Act, apply on and after July 1, 2001. The first report that
01 is due under AS 46.03.475(b) - (f), enacted by sec. 1 of this Act, is due August 21, 2001. 02 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 TRANSITION: INITIAL IMPLEMENTATION OF FEES. (a) For a commercial 05 passenger vessel voyage occurring on or after July 1, 2001, and before the effective date of 06 regulations adopted by the department under AS 46.03.480, enacted by sec. 1 of this Act, 07 providing for payment of the environmental compliance fee, the environmental compliance 08 fee required by AS 46.03.480, enacted by sec. 2 of this Act, for each voyage during which the 09 commercial passenger vessel is scheduled to operate in marine waters of this state, is due and 10 payable to the department on or before July 31 of the calendar year in which the voyage is 11 scheduled to occur. An additional amount owed under this subsection because of an 12 unscheduled voyage, or a refund request under this subsection because of a cancelled voyage, 13 shall be submitted to the department within 30 days after the vessel's last voyage in marine 14 waters of the state in that calendar year. 15 (b) In this section, "commercial passenger vessel," "department," "voyage," and 16 "marine waters" have the meaning given in AS 46.03.490, enacted by sec. 1 of this Act. 17 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 DELAYED APPLICABILITY TO SMALLER VESSELS. (a) Notwithstanding sec. 20 11 of this Act, AS 46.03.463(a) - (d) and 46.03.480, enacted by sec. 1 of this Act, do not 21 apply until January 1, 2004, in the case of commercial passenger vessels with an overnight 22 accommodation capacity of 249 or fewer, determined by the number of lower berths available 23 for passengers for hire. 24 (b) In this section, "commercial passenger vessel" and "passengers for hire" have the 25 meanings given in AS 46.03.490, enacted by sec. 1 of this Act. 26 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 ASSESSMENT REPORTS. (a) By December 1, 2002, the department shall submit to 29 the governor a report that assesses the information received by the department for the cruise 30 ship seasons of 2000, 2001, and 2002 related to small commercial passenger vessels. The 31 report must include
01 (1) a characterization, to the extent possible, of the risks to the marine and 02 human environments posed by the discharge of sewage, graywater, and other wastes from 03 small commercial passenger vessels; 04 (2) evaluation of the sewage and graywater treatment systems and 05 technologies on the vessels, including an evaluation of whether small commercial passenger 06 vessels should be made subject to the requirements of AS 46.03.463(e) on and after January 1, 07 2004; and 08 (3) recommendations for future action by the state in relation to the matters 09 discussed in the report. 10 (b) By January 15, 2004, the Department of Environmental Conservation shall submit 11 to the governor a report that assesses the information received by the department for the cruise 12 ship seasons of 2001, 2002, and 2003 and information received by the department for the 13 cruise ship season of 2000. The report must include 14 (1) a characterization, to the extent possible, of the risks to the marine and 15 human environments posed by the discharge of sewage, graywater, and other wastes from 16 commercial passenger vessels; 17 (2) evaluation of the sewage and graywater treatment systems and 18 technologies on the vessels; and 19 (3) recommendations for future action by the state in relation to the matters 20 discussed in the report. 21 (c) While producing the assessments required under this section, the department shall 22 consult its own records, appropriate federal and state agencies, owners and operators of 23 passenger and other vessels, affected parties, and other appropriate sources of information. 24 (d) The department shall notify the legislature when the report required under this 25 section has been submitted to the governor. 26 (e) In this section, 27 (1) "commercial passenger vessel" has the meaning given in AS 46.03.490, 28 enacted by sec. 1 of this Act; 29 (2) "department" means the Department of Environmental Conservation; and 30 (3) "small commercial passenger vessel" has the meaning given in AS 31 46.03.490 enacted by sec. 1 of this Act.
01 * Sec. 9. The uncodified law of the state of Alaska is amended by adding a new section to 02 read: 03 TRANSITION: REGULATIONS. Notwithstanding sec. 11 of this Act, the 04 Department of Environmental Conservation may immediately proceed to adopt regulations 05 necessary to implement this Act. The regulations take effect under AS 44.62 (Administrative 06 Procedure Act) but not before the effective date of the statutory provision. 07 * Sec. 10. Section 9 of this Act takes effect immediately under AS 01.10.070(c). 08 * Sec. 11. Except as provided in sec. 10 of this Act, this Act takes effect July 1, 2001.