Legislature(2001 - 2002)
2001-06-08 House Journal
Full Journal pdf2001-06-08 House Journal Page 1834 HB 260 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1832) on the following at this time: CS FOR HOUSE BILL NO. 260(FIN) am "An Act requiring the owners or operators of certain commercial passenger vessels operating in the marine waters of the state to register with the Department of Environmental Conservation; establishing information-gathering, record keeping, and reporting requirements relating to the vessels' graywater, sewage, hazardous substances, hazardous wastes, solid wastes, and other pollutants; establishing certain sampling, testing, reporting, and record- keeping requirements as terms and conditions of permitting discharges from the vessels; authorizing the Department of Environmental Conservation to provide for independent verification of compliance by the vessels, and to monitor and supervise discharges from the vessels; prohibiting the discharge of untreated sewage from the vessels; placing limits on discharges of treated sewage and graywater from the vessels; providing that there is no audit report privilege for complying with a requirement that the owner or operator of a commercial passenger vessel must report discharges of sewage or graywater that violate laws; 2001-06-08 House Journal Page 1835 establishing a fee, ranging from $.70 - $1.75 per berth, with a maximum of $3,750 per voyage, on commercial passenger vessels that are not operated by the state for each voyage during which the vessels operate in the marine waters of the state based on the overnight accommodation capacity of the vessels determined with reference to the number of lower berths; providing for a fee for vessels operated by the state to be determined by an agreement between the commissioner of environmental conservation and the commissioner of transportation and public facilities; authorizing the Department of Environmental Conservation to research, monitor, and study discharges and releases from commercial passenger vessels, including the opacity of air emissions from the vessels; establishing penalties for failure to comply with certain laws relating to the vessels; authorizing the Department of Environmental Conservation to encourage and recognize superior environmental protection efforts related to commercial passenger vessels; authorizing the Department of Environmental Conservation to adopt regulations to implement laws relating to commercial passenger vessels and directing the department to use negotiated regulation procedures, when appropriate, to develop the regulations; establishing a commercial passenger vessel coastal protection fund; requiring a report from the Department of Environmental Conservation concerning matters relating to the vessels; and providing for an effective date." and CS FOR HOUSE BILL NO. 260(FIN) am S "An Act relating to marine passenger vessels; and providing for an effective date." (SCR 18- title change resolution) Objection was heard. Representative Berkowitz placed a call of the House. **The presence of Representative Ogan was noted. The call was satisfied. 2001-06-08 House Journal Page 1836 The question being: "Shall the House consider the Senate message on CSHB 260(FIN) am at this time?" The roll was taken with the following result: CSHB 260(FIN) am S Concur Consider at this time YEAS: 24 NAYS: 11 EXCUSED: 5 ABSENT: 0 Yeas: Bunde, Chenault, Coghill, Dyson, Foster, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, McGuire, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Moses Excused: Fate, Green, Kookesh, Masek, Meyer And so, the motion passed. Representative James moved that the House concur in the Senate amendment to CSHB 260(FIN) am, thus adopting CSHB 260(FIN) am S, and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 260(FIN) am?" The roll was taken with the following result: CSHB 260(FIN) am S Concur YEAS: 11 NAYS: 24 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Moses Nays: Bunde, Chenault, Coghill, Dyson, Foster, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, McGuire, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2001-06-08 House Journal Page 1837 Excused: Fate, Green, Kookesh, Masek, Meyer And so, the House failed to concur in the Senate amendment, thus failing to adopt CSHB 260(FIN) am S. The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the above bills: Representative Mulder, Chair Representative Hudson Representative Kerttula