Legislature(2001 - 2002)
2001-06-09 House Journal
Full Journal pdf2001-06-09 House Journal Page 1840 HB 260 A message dated June 8, 2001, was read stating the Senate has failed to recede from its amendment to: 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; establishing a fee, ranging from $.70 - $1.75 per berth, with a 2001-06-09 House Journal Page 1841 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." namely, CS FOR HOUSE BILL NO. 260(FIN) am S "An Act relating to marine passenger vessels; and providing for an effective date." The President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Leman, Chair Senator Halford Senator Ellis The message further stated that the President granted limited powers on the following specific point: 2001-06-09 House Journal Page 1842 Regarding the definition of "other wastes". The House members of the Conference Committee are Representatives Mulder (Chair), Hudson, and Kerttula (page 1837). HB 260 The Conference Committee considering: 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; 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 2001-06-09 House Journal Page 1843 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." requests limited powers of free conference on the following specific point: Change every reference to "other waste" to "other wastewater". Under definitions: "other wastewater" means graywater or sewage that is stored in or transferred to a ballast tank or other holding area on the vessel that may not be customarily used for storing graywater or sewage. The request was signed by Representatives Mulder (Chair), Hudson, and Kerttula; and Senators Leman (Chair), Halford, and Ellis. The Speaker granted the limited powers of free conference as requested. The Chief Clerk was instructed to so notify the Senate. 2001-06-09 House Journal Page 1844 The Senate message granting the Senate committee members limited powers of free conference is on page 1841. **The presence of Representative Ogan was noted. The Conference Committee with limited powers of free conference considering CSHB 260(FIN) am and CSHB 260(FIN) am S recommends the following be adopted: CONFERENCE CS FOR HOUSE BILL NO. 260 "An Act relating to marine passenger vessels; and providing for an effective date." The report was signed by Representatives Mulder (Chair), Hudson, Kerttula; and Senators Leman (Chair), Halford, Ellis. A Conference Committee letter of intent for CCS HB 260, signed by Representative Mulder, Chair, and Senator Leman, Chair, appears below: "It is the intent of the legislature that the State of Alaska receive reports of discharges of hazardous waste in the marine waters of this state." The report is under Unfinished Business.