Legislature(1999 - 2000)
2000-02-16 House Journal
Full Journal pdf2000-02-16 House Journal Page 2209 HB 377 HOUSE BILL NO. 377 by the House Rules Committee by request of the Governor, entitled: "An Act requiring oil discharge prevention and contingency plans and proof of financial responsibility for non-tank vessels and railroad tank cars; authorizing inspection under AS 46.04 of non- tank vessels and trains; and providing for an effective date." was read the first time and referred to the Transportation, Resources, Judiciary, and Finance Committees. 2000-02-16 House Journal Page 2210 HB 377 The following fiscal notes apply: Fiscal note, Dept. of Environmental Conservation, 2/16/00 Fiscal note, Dept. of Transportation & Public Facilities, 2/16/00 The Governor's transmittal letter dated February 12, 2000, appears below: "Dear Speaker Porter: Recent major oil spills on the Alaska Railroad and from a large fishing vessel in Dutch Harbor illustrate the need to mend Alaska's oil spill prevention and response safety net. Alaska has arguably the worlds best spill prevention and response program, but only for vessels that carry oil as cargo (tank vessels), and for land-based oil facilities such as oil wells, pipelines, refineries and large tank farms. That safety net does not exist for any other oil carrier, including larger fishing boats, container and cruise ships, or the Alaska Railroad, regardless of the volumes they may carry and the fact they travel in some of the most pristine and resource-rich areas of the state. Most of Alaska's oil spills come from carriers that are not required to prepare for spill response. Since 1995, 93 spills totaling 5,286 gallons of oil came from regulated vessels and facilities. During this same period, 945 spills totaling 258,000 gallons of oil pollution came from unregulated carriers. This bill strengthens Alaska's safety net by extending the oil discharge prevention and contingency plan requirements and proof of financial responsibility requirements to larger non-tank vessels, and to railroads transporting oil in bulk. Specifically, the non-tank vessels covered by this bill are defined as any watercraft of 300 or greater gross registered tons with an oil storage capacity of more than 6,000 gallons. These vessels include larger cargo and cruise ships, fish processors, and public vessels engaged in commerce, such as the Alaska State Ferries. The bill requires these vessels to plan to respond within 48 hours to an oil spill of 15% of its maximum oil storage capacity, and clean up the 2000-02-16 House Journal Page 2211 HB 377 discharge as quickly as possible with minimal damage to the environment. Vessel operators must also be financially able to respond to damages resulting from a spill. Similarly, a railroad transporting oil as cargo would be required to plan to contain and control 15% of the oil storage capacity of the largest train within 48 hours and to clean up the spill as fast as possible. Railroads must demonstrate the financial ability to respond to damages based on the amount and type of oil transported. The contingency plan requirements of the bill take effect June 1, 2001, allowing time to implement regulations with comments from the public and affected oil carriers. The new financial responsibility requirements take effect September 1, 2000. Alaska is the only state on the West Coast that has not extended its contingency plan and financial responsibility laws to include these vessels. In light of recent spills from these vessels in our waters, and from the railroad on our land, it is time we act to strengthen our laws. Prevention and response preparedness do make a significant difference in the number and consequences of oil spills. Sincerely, /s/ Tony Knowles Governor"