00                            SENATE BILL NO. 253                                                                         
01 "An Act relating to the sulfur content of marine fuel."                                                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 30 is amended by adding a new chapter to read:                                                     
04                         Chapter 35. Marine Fuel.                                                                      
05 Sec. 30.35.010. Marine fuel in coastal waters. Except as provided in this                                             
06 chapter, a person may not use marine fuel in an auxiliary engine or main engine on a                                    
07 vessel operating within applicable waters if the marine fuel exceeds a maximum sulfur                                   
08       content of                                                                                                        
09                 (1)  0.1 percent sulfur by weight while the vessel is operating within the                              
10       emission control area; or                                                                                         
11                 (2)  0.5 percent sulfur by weight while the vessel is operating outside                                 
12       the emission control area.                                                                                        
13 Sec. 30.35.020. Exemptions. (a) A person operating a vessel is exempt from                                            
14 the marine fuel requirements in this chapter during an ocean-going voyage that                                          
15 consists of continuous and expeditious navigation through applicable waters for the                                     

01 purpose of traversing the applicable waters without calling at two or more ports,                                       
02 roadsteads, or terminal facilities in the state. In this subsection, "continuous and                                    
03 expeditious navigation" includes stopping and anchoring only if stopping and                                            
04 anchoring are required by the United States Coast Guard, rendered necessary by force                                    
05 majeure or distress, or made for the purpose of rendering assistance to a person,                                       
06       vessel, or aircraft in danger or distress.                                                                        
07 (b)  A person operating a vessel is exempt from the marine fuel requirements                                            
08 in this chapter if the person intends the vessel to call at one port, roadstead, or terminal                            
09 facility in the state, but the vessel calls on a second port, roadstead, or terminal facility                           
10 in the state because of force majeure, distress, or for the purpose of rendering                                        
11       assistance to a person, vessel, or aircraft in danger or distress.                                                
12 (c)  A person operating a vessel owned or operated by the United States or a                                            
13       foreign government is exempt from this chapter.                                                                   
14 (d)  The Department of Environmental Conservation may exempt a person                                                   
15 operating a vessel from this chapter if the person operates the vessel in a manner that                                 
16 results in a total sulfur output to the environment that is less than or equivalent to the                              
17 total sulfur output that would result from operating the vessel with a marine fuel that                                 
18       does not exceed a maximum sulfur content of 0.1 percent sulfur by weight.                                         
19            Sec. 30.35.030. Definitions. In this chapter,                                                              
20 (1)  "applicable waters" has the meaning given to "applicable waters of                                                 
21       Alaska" in 33 CFR 159.305;                                                                                        
22 (2)  "emission control area" means the North American Emission                                                          
23 Control Area established under the International Convention for the Prevention of                                       
24       Pollution from Ships, 1973, Annex VI;                                                                             
25 (3)  "marine fuel" means a distillate fuel or residual fuel used for                                                    
26 combustion purposes for propulsion or operation on board a vessel; "marine fuel" does                                   
27 not include natural gas, propane, ethanol, methanol, hydrogen, electricity, fuel cells, or                              
28       a mixture that contains only natural gas, propane, ethanol, methanol, or hydrogen;                                
29 (4)  "roadstead" means a facility that is used for the loading, unloading,                                              
30       and anchoring of vessels;                                                                                         
31                 (5)  "vessel" has the meaning given in AS 30.30.170.