Legislature(2001 - 2002)

2002-04-02 House Journal

Full Journal pdf

2002-04-02                     House Journal                      Page 2758
SB 343                                                                                            
The following, which had been held to today's calendar (page 2743),                                 
was read the second time:                                                                           
    CS FOR SENATE BILL NO. 343(RES)                                                                 
    "An Act clarifying the term 'best technology' required for use in                               
    oil discharge prevention and contingency plans; affirming existing                              
    Department of Environmental Conservation regulations defining                                   
    'best technology' and oil discharge prevention and contingency                                  
    plans approved using those regulations; and providing for an                                    
    effective date."                                                                                
with the:                                                  Journal Page                             
 O&G RPT 3DP 2NR 1AM                                              2642                              
 FN1: ZERO(DEC)                                                   2642                              
 RES RPT 7DP 1AM                                                  2683                              
 FN1: ZERO(DEC)                                                   2684                              
Amendment No. 1 was offered  by Representatives Kerttula and Croft:                                  
Page 3, line 14, following "purpose of":                                                            
    Insert "secs. 2 and 4 - 6 of "                                                                  
Page 4, following line 11:                                                                          
    Insert a new bill section to read:                                                              
   "* Sec. 3.  AS 46.04.030(e), as amended by sec. 2 of this Act,  is                             
amended to read:                                                                                    
     (e)  The department may attach reasonable terms and                                            
    conditions to its approval or modification of a contingency plan                                
    that the department determines are necessary to ensure that the                                 
    applicant for a contingency plan has access to sufficient resources                             
    to protect environmentally sensitive areas and to contain, clean up,                            
    and mitigate potential oil discharges from the facility or vessel as                            
    provided in (k) of this section, and to ensure that the applicant                               
    complies with the contingency plan.  If a contingency plan                                      
    submitted to the department for approval relies on the services of                              
    an oil spill primary response action contractor, the department                                 

2002-04-02                     House Journal                      Page 2759
    may not approve the contingency plan unless the primary response                                
    action contractor is registered and approved under AS 46.04.035.                                
    The contingency plan must provide for the use by the applicant of                               
    the best technology that was available at the time the contingency                              
    plan was submitted or renewed.  The department                                                  
           (1)  shall                                                                           
                  (A)  identify the prevention and response                                     
         technologies that are subject to a best available technology                               
                  (B)  determine the best available technology                                  
         using the following criteria:                                                          
                          (i)  whether each technology is the best in                           
             use in other similar situations and is available for use                           
             by the applicant;                                                                  
                          (ii)  whether each technology is                                      
              transferable to the applicant's operations;                                      
                          (iii)  whether there is a reasonable                                  
             expectation that each technology will provide                                      
             increased spill prevention or other environmental                                  
                          (iv)  the cost to the applicant of achieving                          
             best available technology, including consideration of                              
             the cost relative to the remaining years of service of                             
             the technology in use by the applicant;                                            
                          (v)  the age and condition of the                                     
             technology in use by the applicant;                                                
                          (vi)  whether each technology is                                      
             compatible with existing operations and technologies                               
             in use by the applicant;                                                           
                          (vii)  the practical feasibility of each                              
             technology in terms of engineering and other                                       
             operational aspects; and                                                           
                          (viii)  whether other environmental effects                           
             of each technology, such as air, land, water pollution,                            
             and energy requirements, offset any anticipated                                    
             environmental benefits; and                                                        
             (2)  [.  THE DEPARTMENT MAY FIND THAT ANY                                          
    TECHNOLOGY MEETING THE RESPONSE PLANNING                                                        
    STANDARDS IN (k) OF THIS SECTION OR A PREVENTION                                                
    PERFORMANCE STANDARD ESTABLISHED UNDER                                                          

2002-04-02                     House Journal                      Page 2760
    AS 46.04.070 IS THE BEST AVAILABLE TECHNOLOGY.                                                  
    THE DEPARTMENT] may                                                                             
                  (A)  prepare findings and maintain a list of those                            
       technologies that are considered the best available; and                                
                  (B)  [.  THE DEPARTMENT MAY] require an                                       
         applicant or holder of an approved contingency plan to take                                
         steps necessary to demonstrate the applicant's or holder's                                 
         ability to carry out the contingency plan, including                                       
                          (i) [(1)]  periodic training;                                         
                          (ii) [(2)]  response team exercises; and                              
                          (iii) [(3)]  verifying access to inventories of                       
             equipment, supplies, and personnel identified as available                             
             in the approved contingency plan."                                                     
Renumber the following bill sections accordingly.                                                   
Page 4, line 17, following "implementing":                                                          
    Insert "sec. 2 of"                                                                              
Page 4, line 24:                                                                                    
    Delete "this Act"                                                                               
    Insert "this section"                                                                           
Page 5, line 1:                                                                                     
    Delete "This Act takes"                                                                         
    Insert "Sections 1, 2, and 4 - 6 of this Act take"                                              
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 1 be adopted.                                                                         
Representative Green objected.                                                                      
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
CSSB 343(RES)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
YEAS:  9   NAYS:  26   EXCUSED:  3   ABSENT:  2                                                   

2002-04-02                     House Journal                      Page 2761
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Halcro, Hudson,                                  
Joule, Kerttula                                                                                     
Nays:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris,                                
Hayes, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer,                                      
Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens,                                       
Whitaker, Williams, Wilson                                                                          
Excused:  Kookesh, Moses, Ogan                                                                      
Absent:  Guess, Kapsner                                                                             
And so, Amendment No. 1 was not adopted.                                                            
Representative James moved and asked unanimous consent that CSSB
343(RES) be considered engrossed, advanced to third reading, and                                    
placed on final passage.                                                                            
Representative Berkowitz objected.                                                                  
The Speaker stated that CSSB 343(RES) will be in third reading on                                   
tomorrow's calendar.