Legislature(1993 - 1994)
1993-04-28 Senate Journal
Full Journal pdf1993-04-28 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.