HB 366: "An Act relating to the use of heavy petroleum fuel oil as a marine fuel; relating to the duties of the Department of Environmental Conservation; and providing for an effective date."
00 HOUSE BILL NO. 366 01 "An Act relating to the use of heavy petroleum fuel oil as a marine fuel; relating to the 02 duties of the Department of Environmental Conservation; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 30 is amended by adding a new chapter to read: 06 Chapter 35. Marine Fuel. 07 Sec. 30.35.010. Marine fuel in coastal waters. Except as provided in this 08 chapter, a person may not use heavy petroleum fuel oil in an auxiliary engine or main 09 engine on a vessel operating within applicable waters. 10 Sec. 30.35.020. Exemptions. (a) A person operating a vessel is exempt from 11 the marine fuel requirements in this chapter during an ocean-going voyage that 12 consists of continuous and expeditious navigation through applicable waters for the 13 purpose of traversing the applicable waters without entering internal or estuarine 14 waters of the state or calling at a port in the state. In this subsection,
01 (1) "continuous and expeditious navigation" includes stopping and 02 anchoring only if stopping and anchoring are required by the United States Coast 03 Guard, rendered necessary by force majeure or distress, or made for the purpose of 04 rendering assistance to a person, vessel, or aircraft in danger or distress; 05 (2) "internal or estuarine waters" means a navigable river or waterway 06 within the state or an arm of the sea or ocean that extends inland to meet the mouth of 07 a river. 08 (b) A person operating a vessel is exempt from this chapter if use of heavy 09 petroleum fuel oil is necessary in an emergency, to avoid an imminent emergency, or 10 for the purpose of rendering assistance to a person, vessel, or aircraft in danger or 11 distress. 12 Sec. 30.35.030. Fines. The Department of Environmental Conservation shall 13 by regulation adopt a schedule of fines that a person may be required to pay for 14 operating a vessel with heavy petroleum fuel oil in violation of this chapter. 15 Sec. 30.35.050. Definitions. In this chapter, 16 (1) "applicable waters" has the meaning given to "applicable waters of 17 Alaska" in 33 CFR 159.305; 18 (2) "heavy petroleum fuel oil" means any marine fuel that has a 19 viscosity greater than 380 centistokes or a sulfur content that exceeds 0.1 percent by 20 weight; 21 (3) "vessel" has the meaning given in AS 46.03.490. 22 * Sec. 2. AS 46.03.020 is amended to read: 23 Sec. 46.03.020. Powers of the department. The department may 24 (1) enter into contracts and compliance agreements necessary or 25 convenient to carry out the functions, powers, and duties of the department; 26 (2) review and appraise programs and activities of state departments 27 and agencies in light of the policy set out in AS 46.03.010 for the purpose of 28 determining the extent to which the programs and activities are contributing to the 29 achievement of that policy and to make recommendations to the departments and 30 agencies, including environmental guidelines; 31 (3) consult with and cooperate with
01 (A) officials and representatives of any nonprofit corporation or 02 organization in the state; 03 (B) persons, organizations, and groups, public and private, 04 using, served by, interested in, or concerned with the environment of the state; 05 (4) appear and participate in proceedings before any state or federal 06 regulatory agency involving or affecting the purposes of the department; 07 (5) undertake studies, inquiries, surveys, or analyses it may consider 08 essential to the accomplishment of the purposes of the department; these activities 09 may be carried out by the personnel of the department or in cooperation with public or 10 private agencies, including educational, civic, and research organizations, colleges, 11 universities, institutes, and foundations; 12 (6) at reasonable times, enter and inspect with the consent of the owner 13 or occupier any property or premises to investigate either actual or suspected sources 14 of pollution or contamination or to ascertain compliance or noncompliance with a 15 regulation that may be adopted under AS 46.03.020 - 46.03.040; information relating 16 to secret processes or methods of manufacture discovered during investigation is 17 confidential; 18 (7) conduct investigations and hold hearings and compel the 19 attendance of witnesses and the production of accounts, books, and documents by the 20 issuance of a subpoena; 21 (8) advise and cooperate with municipal, regional, and other local 22 agencies and officials in the state, to carry out the purposes of this chapter; 23 (9) act as the official agency of the state in all matters affecting the 24 purposes of the department under federal laws now or hereafter enacted; 25 (10) adopt regulations necessary to carry out the purposes of this 26 chapter, including regulations providing for 27 (A) control, prevention, and abatement of air, water, or land or 28 subsurface land pollution; 29 (B) safeguard standards for carbon dioxide, petroleum, and 30 natural gas pipeline construction, operation, modification, or alteration; 31 (C) protection of public water supplies by establishing
01 minimum drinking water standards, and standards for the construction, 02 improvement, and maintenance of public water supply systems; 03 (D) collection and disposal of sewage and industrial waste; 04 (E) collection and disposal of garbage, refuse, and other 05 discarded solid materials from industrial, commercial, agricultural, and 06 community activities or operations; 07 (F) control of pesticides; 08 (G) other purposes as may be required for the implementation 09 of the policy declared in AS 46.03.010; 10 (H) handling, transportation, treatment, storage, and disposal of 11 hazardous wastes; 12 (11) inspect the premises of sellers and suppliers of paint, vessels, and 13 marine and boating supplies, and take other actions necessary to enforce 14 AS 46.03.715; 15 (12) notwithstanding any other provision of law, take all actions 16 necessary to receive authorization from the administrator of the United States 17 Environmental Protection Agency to administer and enforce a National Pollutant 18 Discharge Elimination System program in accordance with 33 U.S.C. 1342 (sec. 402, 19 Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), 40 C.F.R. Part 123, 20 and 40 C.F.R. Part 403, as amended; 21 (13) require the owner or operator of a facility to undertake 22 monitoring, sampling, and reporting activities described in 33 U.S.C. 1318 (sec. 308, 23 Clean Water Act); 24 (14) notwithstanding any other provision of law, take all actions 25 necessary to receive federal authorization of a state program for the department and 26 the Department of Natural Resources to administer and enforce a dredge and fill 27 permitting program allowed under 33 U.S.C. 1344 (sec. 404, Clean Water Act) and to 28 implement the program, if authorized; 29 (15) monitor, observe, and record data and information related to 30 vessels in applicable waters under AS 30.35. 31 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 REPORT TO THE LEGISLATURE. The Department of Environmental Conservation 03 shall provide a report to the legislature by January 1, 2034, detailing implementation of 04 AS 30.35, enacted by sec. 1 of this Act. The department shall deliver the report to the senate 05 secretary and the chief clerk of the house of representatives and notify the legislature that the 06 report is available. 07 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION: FUEL EXEMPTION FOR CERTAIN VESSELS. The Department of 10 Environmental Conservation may exempt a vessel from AS 30.35.010, enacted by sec. 1 of 11 this Act, and allow a person operating the vessel before January 1, 2030, to use heavy 12 petroleum fuel oil in an auxiliary engine or main engine of the vessel if the vessel cannot be 13 converted to operate using a fuel source other than heavy petroleum fuel oil. 14 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 TRANSITION: REGULATIONS. The Department of Environmental Conservation 17 may adopt regulations necessary to implement the changes made by this Act. The regulations 18 take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date 19 of the law implemented by the regulation. 20 * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c). 21 * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect January 1, 2027.