CSHB 128(TRA): "An Act relating to the operation of a tank vessel or oil barge as an oil terminal facility; relating to the definition of 'oil terminal facility'; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 128(TRA) 01 "An Act relating to the operation of a tank vessel or oil barge as an oil terminal facility; 02 relating to the definition of 'oil terminal facility'; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 46.04.030(c) is amended to read: 05 (c) Except as provided in (n) of this section, a person may not operate a tank 06 vessel or an oil barge within the waters of the state, or cause or permit the transfer of 07 oil to or from a tank vessel or an oil barge, unless an oil discharge prevention and 08 contingency plan for the tank vessel or oil barge has been approved by the department 09 and the person is in compliance with the plan. A contingency plan approved for a 10 tank vessel or oil barge under this subsection also constitutes an approved plan 11 for purposes of (a) of this section. 12 * Sec. 2. AS 46.04.040(c) is amended to read: 13 (c) Except as provided in (m) of this section, a person may not operate a tank 14 vessel or an oil barge within the waters of the state, or cause or permit the transfer of
01 oil to or from a tank vessel or an oil barge, unless the person operating the tank vessel 02 or oil barge has furnished to the department, and the department has approved, proof 03 of financial ability to respond in damages. Proof of financial ability for a tank vessel 04 or oil barge that is approved under this subsection also satisfies the proof of 05 financial ability requirement of (a) of this section. Proof of financial responsibility 06 required under this subsection is 07 (1) $300, per incident, for each barrel of storage capacity or 08 $100,000,000, whichever is greater, for a tank vessel or barge carrying crude oil; 09 (2) $100, per incident, for each barrel of storage capacity or 10 $1,000,000, whichever is greater, subject to a maximum of $35,000,000, for a tank 11 vessel or barge carrying noncrude oil. 12 * Sec. 3. AS 46.04.900(14) is amended to read: 13 (14) "oil terminal facility" 14 (A) means 15 (i) an onshore or offshore facility of any kind, and 16 related appurtenances, including a deepwater port, bulk storage facility, 17 or marina, located in, on, or under the surface of the land or waters of 18 the state, including tide and submerged land, that is used for the 19 purpose of transferring, processing, refining, or storing oil; 20 (ii) a vessel, other than a nontank vessel, [IS 21 CONSIDERED AN OIL TERMINAL FACILITY] only when it is used 22 to make a ship-to-ship transfer of oil, and when it is traveling between 23 the place of the ship-to-ship transfer of oil and an oil terminal facility; 24 (B) does not include a tank vessel or oil barge that has a 25 contingency plan approved under AS 46.04.030(c) and proof of financial 26 ability approved under AS 46.04.040(c); 27 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).