Legislature(1993 - 1994)

1993-04-28 Senate Journal

Full Journal pdf

1993-04-28                     Senate Journal                      Page 1869
SB 183                                                                       
SENATE BILL NO. 183 "An Act making special appropriations for                  
restoration projects relating to the Exxon Valdez oil spill and for oil        
spill response projects; and providing for an effective date" was read         
the second time.                                                               
                                                                               
Senator Pearce moved and asked unanimous consent for the adoption              
of the Finance Committee Substitute offered on page 1861.  Without             
objection, CS FOR SENATE BILL NO. 183(FIN) was adopted.                        
                                                                               
CS FOR SENATE BILL NO. 183(FIN) was read the second time.                      
                                                                               
Senator Lincoln offered Amendment No. 1 :                                       
                                                                               
Page 1, line 5, through page 2, line 23:                                       
	Delete all material and insert:                                               
   "* Section 1.  FINDINGS.  The Eighteenth Alaska State                     
Legislature finds that                                                         
		(1)  Under the criminal plea agreement between the                           
United States and Exxon Corporation and Exxon Shipping Company                 
(United States of America v. Exxon Corporation and Exxon Shipping              
Company, United States District Court, District of Alaska, case No.            
A90-015 CR.), the State of Alaska received $50,000,000 as "remedial            
and compensatory payments."  The payments received by the state                
"are to be used by the State of Alaska . . . exclusively for                   
restoration projects, within the State of Alaska, relating to the              
`Exxon Valdez' oil spill.  Restoration includes restoration,                   
replacement and enhancement of affected resources, acquisition of              
equivalent resources and services, and long-term environmental                 
monitoring and research programs directed to the prevention,                   
containment, cleanup and amelioration of oil spills."                          
		(2)  The expeditious appropriation of remedial and                           
compensatory payments for the acquisition and protection of high               
value resources and services and action on appropriations for                  

1993-04-28                     Senate Journal                      Page 1870
SB 183                                                                       
additional restoration, replacement, and enhancement activities will           
provide interim protection needed to allow the Exxon Valdez                    
Restoration Trustee Council time to develop a systematic restoration           
plan.  The appropriations made by this Act complement the process              
being established by the Exxon Valdez Restoration Trustee Council.             
		(3)  As stated by the United States Department of                            
Justice in recommending that the United States District Court accept           
the criminal plea agreement, "[t]his oil spill was a catastrophe, and          
it was also an environmental crime.  The criminal remedy should,               
likewise, in substantial part, be environmental in nature; .  .  .  The        
environment, as a victim, must be aided quickly through efforts                
funded by restitutionary payments."                                            
		(4)  The health of damaged coastal and near-shore                            
habitats is substantially related to activities on adjacent uplands.           
Economically important fish species, including herring and halibut,            
utilize near-shore areas, and anadromous species, including five               
species of salmon, rely on continued access to both clean streams              
and unpolluted estuaries for spawning and rearing.                             
		(5)  Sea otter pups are particularly dependent on                            
pristine water quality, a productive near-shore and shallow subtidal           
ecosystem, and a disturbance-free environment.                                 
		(6)  Populations of aquatic birds, including the tree-                       
nesting marbled murrelet and bald eagle and the fresh water nesting            
species such as harlequin ducks, were severely damaged by the                  
Exxon Valdez oil spill.                                                        
		(7)  Recreational, aesthetic, and subsistence services                       
provided by the prespill environment were severely damaged.                    
Residents who relied upon these services desire to have these                  
damaged services replaced through the acquisition and retention of             
comparable threatened resources.                                               
		(8)  The quality of fresh water entering the estuarine                       
environment is critical to satisfactory restoration and recovery of the        
physical and biotic environment in the region affected by the Exxon            
Valdez oil spill.                                                              
		(9)  Recovery of the coastal estuaries affected by the                       
Exxon Valdez oil spill is placed at risk by further environmental              
stress resulting from timber harvesting and other industrial activities        

1993-04-28                     Senate Journal                      Page 1871
SB 183                                                                       
that involve substantial environmental disturbance.  In order to               
minimize the potential for further environmental stress and to                 
encourage and enhance the natural recovery and restoration of the              
affected region, acquisition of coastal related uplands in the affected        
region, including Prince William Sound, the Kenai Peninsula, the               
Kodiak Archipelago, and adjacent biologically related areas, is an             
important use of "remedial and compensatory payments" received by              
the state under the criminal plea agreement.                                   
		(10)  Continued citizen involvement and education                            
of residents and nonresidents are essential to the expeditious and             
effective restoration of the areas affected by the Exxon Valdez oil            
spill, and to the prevention of future oil spills and the restoration of       
public confidence in the ability of the state to protect the                   
environment.                                                                   
   * Sec. 2.  In order to achieve the purposes of the remedial and           
compensatory payments, the sum of $5,000,000 is appropriated from              
the remedial and compensatory payments to the Department of Fish               
and Game for restoration, replacement, and enhancement of fisheries            
resources within the Prince William Sound region.                              
   * Sec. 3.  In order to achieve the purposes of the remedial and           
compensatory payments, the sum of $11,000,000 is appropriated from             
the remedial and compensatory payments to the Department of                    
Natural Resources for the acquisition from willing sellers of land and         
development rights in land and resources in the Prince William                 
Sound region.                                                                  
   * Sec. 4.  In order to achieve the purposes of the remedial and           
compensatory payments, the sum of $1,000,000 is appropriated from              
the remedial and compensatory payments to the Department of Fish               
and Game for restoration of subsistence resources and services within          
the Prince William Sound region.                                               
   * Sec. 5.  In order to achieve the purposes of the remedial and           
compensatory payments, the sum of $700,000 is appropriated from                
the remedial and compensatory payments to the Department of                    
Environmental Conservation for payment as a grant under                        
AS37.05.316 to the Prince William Sound Science Center for                     
facility renovation, long-term damage assessment and aquatic                   
ecosystem monitoring, and development of an ecosystem database                 

1993-04-28                     Senate Journal                      Page 1872
SB 183                                                                       
using a geographic information system for the greater Prince William           
Sound ecosystem.                                                               
   * Sec. 6.  In order to achieve the purposes of the remedial and           
compensatory payments, the sum of $200,000 is appropriated from                
the remedial and compensatory payments to the Department of                    
Administration for payment as a grant under AS37.05.315 to the                 
City of Whittier toward replacement of the municipal incinerator               
damaged as a result of the 1989 Exxon Valdez oil spill.                        
   * Sec. 7.  In order to achieve the purposes of the remedial and           
compensatory payments, the sum of $3,500,000 is appropriated from              
the remedial and compensatory payments to the Department of Fish               
and Game for the restoration, replacement, and enhancement of the              
fisheries resources along the coast of the Kenai Peninsula.                    
   * Sec. 8.  In order to achieve the purposes of the remedial and           
compensatory payments, the sum of $3,000,000 is appropriated from              
the remedial and compensatory payments to the Department of                    
Natural Resources for the acquisition of development rights or                 
conservation easements in aquatic, wetland, and riparian areas                 
important to the maintenance of important commercial and sport fish            
populations within the Kenai River watershed, in consultation with             
the Cook Inlet Aquaculture Association.                                        
   * Sec. 9.  In order to achieve the purposes of the remedial and           
compensatory payments, the sum of $800,000 is appropriated from                
the remedial and compensatory payments to the Department of Fish               
and Game for an oyster spat hatchery within the Kenai Peninsula                
Borough that is capable of providing oyster spat for aquatic farms             
throughout the state.                                                          
   * Sec. 10.  In order to achieve the purposes of the remedial and          
compensatory payments, the sum of $500,000 is appropriated from                
the remedial and compensatory payments to the Department of                    
Administration for payment as a grant under AS 37.05.315 to the                
City of Seward for development of the Alaska Sea Life Center for               
work associated with endangered species in the region affected by              
the 1989 Exxon Valdez oil spill.                                               
   * Sec. 11.  In order to achieve the purposes of the remedial and          
compensatory payments, the sum of $1,000,000 is appropriated from              
the remedial and compensatory payments to the Department of                    

1993-04-28                     Senate Journal                      Page 1873
SB 183                                                                       
Natural Resources for the acquisition from willing sellers of land and         
development rights in land that is important as fisheries habitat on           
the outer coast of the Kenai Peninsula between Seldovia and Seward.            
   * Sec. 12.  In order to achieve the purposes of the remedial and          
compensatory payments, the sum of $200,000 is appropriated from                
the remedial and compensatory payments to the Department of                    
Administration for payment as a grant under AS 37.05.315 to the                
City of Soldotna for erosion control and rehabilitation of Centennial          
Park from the effects of excessive public use as a result of the 1989          
Exxon Valdez oil spill.                                                        
   * Sec. 13.  In order to achieve the purposes of the remedial and          
compensatory payments, the sum of $9,000,000 is appropriated from              
the remedial and compensatory payments to the Department of                    
Natural Resources for the acquisition from willing sellers of land and         
development rights in land on Afognak Island.                                  
   * Sec. 14.  In order to achieve the purposes of the remedial and          
compensatory payments, the sum of $3,000,000 is appropriated from              
the remedial and compensatory payments to the University of Alaska,            
Fairbanks, Fishery Industrial Technology Center, for design and                
construction of a fishery technology and research facility.                    
   * Sec. 15.  In order to achieve the purposes of the remedial and          
compensatory payments, the sum of $1,000,000 is appropriated from              
the remedial and compensatory payments to the Department of Fish               
and Game for the acquisition from willing sellers of land, leases, or          
development rights in land at weir sites important to anadromous               
fisheries in the Kodiak Archipelago.                                           
   * Sec. 16.  In order to achieve the purposes of the remedial and          
compensatory payments, the sum of $2,000,000 is appropriated from              
the remedial and compensatory payments to the Department of                    
Environmental Conservation for a volunteer citizen oil spill cleanup           
program for areas that are still visibly affected by the 1989 Exxon            
Valdez oil spill.                                                              
   * Sec. 17.  (a)  In order to achieve the purposes of the remedial         
and compensatory payments, the sum of $1,000,000 is appropriated               
from the remedial and compensatory payments to the Department of               
Natural Resources for contracts to assess, inventory, and map the              
archeological resources of the area affected by the Exxon Valdez oil           

1993-04-28                     Senate Journal                      Page 1874
SB 183                                                                       
spill.                                                                         
	(b)  It is the intent of the legislature that contractors                     
employed under (a) of this section agree to comply with federal and            
state laws, including the Archeological Resources Protection Act of            
1979 (16 U.S.C. 470aa - 470ll) and AS 41.35.010 - 41.35.240, and               
the terms and conditions of the consent decree entered by the United           
States District Court in Native Village of Chenega Bay v. United               
States and State of Alaska, United States District Court, District of          
Alaska, case No. A91-454 Civ.                                                  
   * Sec. 18.  In order to achieve the purposes of the remedial and          
compensatory payments, the sum of $1,500,000 is appropriated from              
the remedial and compensatory payments to the Department of                    
Administration for payment as a grant under AS37.05.315 to the                 
City of Cordova for a multiple purpose center building.                        
   * Sec. 19.  In order to achieve the purposes of the remedial and          
compensatory payments, the sum of $200,000 is appropriated from                
the remedial and compensatory payments to the Department of                    
Administration for payment as a grant under AS37.05.315 to the                 
City of Valdez for oil and grease separators on storm drains."                 
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 2, lines 24 - 25:                                                         
	Delete "Exxon Valdez Oil Spill Restoration Fund, described                    
in sec.1(1) of this Act,"                                                      
	Insert "remedial and compensatory payments"                                   
                                                                               
Page 2, line 31, through page 4, line 25:                                      
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 5, lines 8 - 16:                                                          
	Delete all material.                                                          
	Insert new bill sections to read:                                             
   "* Sec. 22.  In this Act, "remedial and compensatory payments"            
means the remedial and compensatory payments received by the state             

1993-04-28                     Senate Journal                      Page 1875
SB 183                                                                       
under the criminal plea agreement between the United States and                
Exxon Corporation and Exxon Shipping Company in United States                  
of America v. Exxon Corporation and Exxon Shipping Company,                    
United States District Court, District of Alaska, case No. A90-015             
CR.                                                                            
   * Sec. 23.  The appropriations made by secs. 2, 4, 5, 7, 10, 16,          
and 17 of this Act lapse into the fund from which they were                    
appropriated June30, 1997.                                                     
   * Sec. 24.  The appropriations made by secs. 3, 6, 8, 9, 11 - 15,         
and 18 - 21 of this Act are for capital projects and lapse under               
AS37.25.020."                                                                  
                                                                               
Renumber the following bill section accordingly.                               
Adjust funding information accordingly.                                        
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 1.                     
Senator Taylor objected.                                                       
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 183(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Salo,                  
Taylor, Zharoff                                                                
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Little, Miller, Pearce,            
Phillips, Rieger, Sharp                                                        
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
Senator Salo offered Amendment No. 2 :                                          
                                                                               
                                                                               

1993-04-28                     Senate Journal                      Page 1876
SB 183                                                                       
Page 3, line 19:                                                               
	Delete section 6                                                              
	Renumber subsequent sections accordingly                                      
                                                                               
Page 4, line 20:                                                               
	Delete  "$5,000,000"                                                          
	Insert  "$9,000,000"                                                          
                                                                               
Senator Salo moved for the adoption of Amendment No. 2.  Senator               
Pearce objected.                                                               
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 183(FIN)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  7   NAYS:  12   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Adams, Duncan, Lincoln, Little, Salo, Taylor, Zharoff                   
                                                                               
Nays:  Donley, Ellis, Frank, Halford, Jacko, Kerttula, Leman, Miller,          
Pearce, Phillips, Rieger, Sharp                                                
                                                                               
Absent:  Kelly                                                                 
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Duncan called the Senate on the balance of today's calendar.           
                                                                               
Senator Lincoln offered Amendment No. 3 :                                       
                                                                               
Page 2, line 14:                                                               
	Delete  "$12,500,000"                                                         
	Insert  "$ 7,500,000"                                                         
                                                                               
                                                                               

1993-04-28                     Senate Journal                      Page 1877
SB 183                                                                       
Page 4, line 20:                                                               
	Delete  " $5,000,000"                                                         
	Insert  "$10,000,000"                                                         
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 3.                     
Senator Taylor objected.                                                       
                                                                               
The question being: "Shall Amendment No. 3 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 183(FIN)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Taylor,                
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Little, Miller, Pearce,            
Phillips, Rieger, Salo, Sharp                                                  
                                                                               
and so, Amendment No. 3 failed.                                                
                                                                               
Senator Ellis offered Amendment No. 4 :                                         
                                                                               
Page 3, lines 12-13:                                                           
Delete the following language:  "At Kisistna Bay or lower                     
Cook Inlet, whichever is considered by the Department of                       
Fish and Game to be more appropriate"                                          
                                                                               
Insert the following language:  "On the lower Kenai                           
Peninsula, at a location considered appropriate by the                         
Department of Fish and Game, and through shellfish nursery                     
research at existing aquatic farms or other facilities in                      
Kachemak"                                                                      
                                                                               
                                                                               

1993-04-28                     Senate Journal                      Page 1878
SB 183                                                                       
Senator Ellis moved for the adoption of Amendment No. 4.  Senator              
Miller objected.                                                               
                                                                               
The question being: "Shall Amendment No. 4 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 183(FIN)                                                                  
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Taylor, Zharoff                                                                
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp                                                                  
                                                                               
and so, Amendment No. 4 failed.                                                
                                                                               
Senator Lincoln offered Amendment No. 5 :                                       
                                                                               
Page 4, line 30:                                                               
Add the following language and renumber the subsequent                        
sections accordingly:                                                          
                                                                               
"It is also the purpose of the $5,000,000 appropriation to the                
Department of Environmental Conservation that the                              
department provide the Prince William Sound Science Center                     
in Cordova matching monies for research, facilities, and                       
operations of the Prince William Sound Oil Spill Recovery                      
Institute."                                                                    
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 5.                     
Senator Miller objected.                                                       
                                                                               
The question being: "Shall Amendment No. 5 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               

1993-04-28                     Senate Journal                      Page 1879
SB 183                                                                       
                                                                               
CSSB 183(FIN)                                                                  
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 5 failed.                                                
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 183(FIN) be considered engrossed, advanced to                  
third reading and placed on final passage.  Senator Duncan objected.           
                                                                               
The question being: "Shall CS FOR SENATE BILL NO. 183(FIN)                     
be advanced to third reading?"  The roll was taken with the                    
following result:                                                              
                                                                               
CSSB 183(FIN)                                                                  
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, the bill failed to advance to third reading.