Legislature(2013 - 2014)
2013-02-04 House Journal
Full Journal pdf2013-02-04 House Journal Page 0197 HB 80 The following, which was advanced to third reading from the February 1, 2013, calendar (page 182), was read the third time: HOUSE BILL NO. 80 "An Act relating to the regulation of wastewater discharge from commercial passenger vessels in state waters; and providing for an effective date." Representative Tuck moved and asked unanimous consent that HB 80 be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. The Speaker stated that, without objection, HB 80 would be returned to second reading for all amendments. Amendment No. 1 was offered by Representatives Tuck and Kawasaki: Page 3, following line 22: Insert a new bill section to read: "* Sec. 5. AS 46.03.488 is amended by adding a new subsection to read: 2013-02-04 House Journal Page 0198 (b) Each month, the department shall publish on the department's Internet website (1) records detailing the dates, times, and locations, and volumes and flow rates of discharges of sewage, graywater, or wastewater reported under AS 46.03.465(a); (2) results of samples of discharged treated sewage, graywater, or other wastewater of a vessel collected by (A) the owner or operator of the vessel under AS 46.03.465(b) and 46.03.475(b); and (B) the department under AS 46.03.465(c); and (3) violations of sewage, graywater, or other wastewater discharge permits reported to the department by the owner or operator of a commercial passenger vessel under AS 46.03.475(a)." Renumber the following bill sections accordingly. Representative Tuck moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Saddler objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 80 Second Reading Amendment No. 1 YEAS: 11 NAYS: 24 EXCUSED: 4 ABSENT: 1 Yeas: Drummond, Foster, Gara, Gruenberg, Hughes, Josephson, Kawasaki, Kreiss-Tomkins, Seaton, Stoltze, Tuck Nays: Austerman, Chenault, Costello, Edgmon, Feige, Gattis, Herron, Higgins, Holmes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Pruitt, Reinbold, Saddler, Thompson, P.Wilson, T.Wilson Excused: Hawker, Kerttula, Olson, Tarr Absent: Guttenberg 2013-02-04 House Journal Page 0199 And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representatives Gara and Kawasaki: Page 2, line 25, through page 3, line 5: Delete all material and insert: "* Sec. 3. AS 46.03.462(e) is repealed and reenacted to read: "(e) When issuing, reissuing, renewing, or modifying a permit required under (a)(1) of this section, the department may only include the authorization of a mixing zone for a commercial passenger vessel if (1) that vessel employs an advanced wastewater treatment system that falls within the class of systems identified by the department under (k) of this section or employs other means of pollution prevention, control, and treatment that the department finds can achieve a quality of effluent that is comparable to that of one or more vessels employing an advanced wastewater treatment system; and (2) the permit prohibits the discharge of untreated sewage, treated sewage, graywater, or other wastewater within two geographical miles of the coastline of the state unless (A) a discharge is made for the purpose of securing the safety of the commercial passenger vessel or saving life at sea and all reasonable precautions have been taken to prevent or minimize the discharge; or (B) a discharge is made into an onshore sewage treatment system." Page 3, following line 6: Insert a new subsection to read: "(i) Under (e)(1) of this section, if a commercial passenger vessel employs an advanced wastewater treatment system that satisfies the requirements of (e)(1) of this section, the department shall find the commercial passenger vessel satisfies all state technology-based treatment requirements for authorization of a mixing zone." Reletter the following subsections accordingly. 2013-02-04 House Journal Page 0200 Page 3, line 15: Delete "(e)" Insert "(e)(1)" Page 3, following line 22: Insert new material to read: "(l) The department, in consultation with the Department of Fish and Game, shall prohibit mixing zones in areas where they raise a material danger to the health of salmon, groundfish, or shellfish. * Sec. 5. AS 46.03.490 is amended by adding a new paragraph to read: (19) "coastline" has the meaning given to "coast line" in 43 U.S.C. 1301." Renumber the following bill sections accordingly. Representative Gara moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Saddler objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HB 80 Second Reading Amendment No. 2 YEAS: 11 NAYS: 25 EXCUSED: 4 ABSENT: 0 Yeas: Drummond, Edgmon, Gara, Gruenberg, Guttenberg, Herron, Josephson, Kawasaki, Kreiss-Tomkins, Nageak, Tuck Nays: Austerman, Chenault, Costello, Feige, Foster, Gattis, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Neuman, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Excused: Hawker, Kerttula, Olson, Tarr And so, Amendment No. 2 was not adopted. 2013-02-04 House Journal Page 0201 Amendment No. 3 was offered by Representatives Josephson and Kawasaki: Page 1, line 2, following "waters;"(title amendment): Insert "providing for an effective date by delaying the effective date of secs. 3 and 7, ch. 53, SLA 2009;" Page 1, line 4, through page 2, line 9: Delete all material. Page 2, line 10: Delete "Sec. 2" Insert "Section 1" Renumber the following bill sections accordingly. Page 2, line 25, through page 3, line 5: Delete all material and insert: "* Sec. 2. AS 46.03.462(e) is amended to read: (e) When issuing, reissuing, renewing, or modifying a permit required under (a)(1) of this section, the department may include effluent limits or standards less stringent than those required under (b)(1) of this section [FOR NOT MORE THAN THREE YEARS DURATION] if the department finds that a permittee is using economically feasible methods of pollution prevention, control, and treatment the department considers to be the most technologically effective in controlling all wastes and other substances in the discharge but is unable to achieve compliance with Alaska Water Quality Standards at the point of discharge. A permit under this subsection may not extend beyond December 31, 2020." Page 3, line 6: Delete "new subsections" Insert "a new subsection" Page 3, lines 13 - 22: Delete all material. 2013-02-04 House Journal Page 0202 Page 3, line 23: Delete "46.03.462(f)," Page 3, line 24: Delete all material and insert new bill sections to read: "* Sec. 6. Section 7, ch. 53, SLA 2009, is amended to read: Sec. 7.AS 46.03.462(e) and [,] 46.03.462(f) [, AND 46.03.464] are repealed. * Sec. 7. Section 8, ch. 53, SLA 2009, is amended to read: Sec. 8. Sections 3 and 7 of this Act take effect December 31, 2020 [2015]." Renumber the following bill section accordingly. Representative Josephson moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Saddler objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HB 80 Second Reading Amendment No. 3 YEAS: 12 NAYS: 24 EXCUSED: 4 ABSENT: 0 Yeas: Drummond, Edgmon, Gara, Gruenberg, Guttenberg, Holmes, Josephson, Kawasaki, Kreiss-Tomkins, Munoz, Seaton, Tuck Nays: Austerman, Chenault, Costello, Feige, Foster, Gattis, Herron, Higgins, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Nageak, Neuman, Pruitt, Reinbold, Saddler, Stoltze, Thompson, P.Wilson, T.Wilson Excused: Hawker, Kerttula, Olson, Tarr And so, Amendment No. 3 was not adopted. HB 80 was automatically in third reading. 2013-02-04 House Journal Page 0203 The question being: "Shall HB 80 pass the House?" The roll was taken with the following result: HB 80 Third Reading Final Passage YEAS: 27 NAYS: 9 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Pruitt, Reinbold, Saddler, Stoltze, Thompson, P.Wilson, T.Wilson Nays: Drummond, Gara, Gruenberg, Guttenberg, Josephson, Kawasaki, Kreiss-Tomkins, Seaton, Tuck Excused: Hawker, Kerttula, Olson, Tarr And so, HB 80 passed the House. Representative Pruitt moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. Representative Tuck objected. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HB 80 Third Reading Effective Date YEAS: 27 NAYS: 8 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Nays: Drummond, Gara, Gruenberg, Guttenberg, Josephson, Kawasaki, Kreiss-Tomkins, Tuck 2013-02-04 House Journal Page 0204 Excused: Hawker, Kerttula, Olson, Tarr Absent: Herron And so, the effective date clause was adopted. Representative Johnson gave notice of reconsideration of the vote on HB 80.