Legislature(2013 - 2014)
2013-02-13 Senate Journal
Full Journal pdf2013-02-13 Senate Journal Page 0285 HB 80 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" which had been held in second reading (page 260) was before the Senate. Senator Egan offered Amendment No. 1 : Page 1, line 2, following "waters;": Insert "providing for an effective date by amending 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. 2013-02-13 Senate Journal Page 0286 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. 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 Section 7, ch. 53, SLA 2009, is amended to read: Sec. 7.AS 46.03.462(e) and [,] 46.03.462(f) [, AND 46.03.464] are repealed.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. Senator Egan moved for the adoption of Amendment No. 1. Senator Giessel objected. 2013-02-13 Senate Journal Page 0287 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: 7 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Egan, Ellis, French, Gardner, Micciche, Stedman, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer Excused: Hoffman, Olson, Stevens and so, Amendment No. 1 failed. Senator Gardner offered Amendment No. 2 : Page 3, following line 22: Insert new bill sections to read: "* Sec. 5. AS 46.03.476(b) is amended to read: (b) The ocean ranger shall (1) monitor, observe, and record data and information related to the engineering, sanitation, and health related operations of the vessel, including but not limited to registration, reporting, record-keeping, and discharge functions required by state and federal law; and (2) for each month a large commercial passenger vessel enters marine waters of the state, (A) collect and test at least one wastewater discharge sample; and (B) report the test result for the wastewater discharge sample collected under (A) of this paragraph to the department. * Sec. 6. AS 46.03.488 is amended by adding a new subsection to read: (b) The department shall publish the data collected under AS 46.03.476(b)(2) on the department's Internet website." Renumber the following bill sections accordingly. 2013-02-13 Senate Journal Page 0288 Senator Gardner moved for the adoption of Amendment No. 2. Senator Giessel 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: 4 NAYS: 13 EXCUSED: 3 ABSENT: 0 Yeas: Ellis, French, Gardner, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman Excused: Hoffman, Olson, Stevens and so, Amendment No. 2 failed. Senator Gardner offered Amendment No. 3 : 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: (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. 2013-02-13 Senate Journal Page 0289 Senator Gardner moved for the adoption of Amendment No. 3. Senator Giessel 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: 4 NAYS: 13 EXCUSED: 3 ABSENT: 0 Yeas: Ellis, French, Gardner, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman Excused: Hoffman, Olson, Stevens and so, Amendment No. 3 failed. Senator French offered Amendment No. 4 : 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 2013-02-13 Senate Journal Page 0290 (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. 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. Senator French moved for the adoption of Amendment No. 4. Senator Giessel objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 2013-02-13 Senate Journal Page 0291 HB 80 Second Reading Amendment No. 4 YEAS: 4 NAYS: 13 EXCUSED: 3 ABSENT: 0 Yeas: Ellis, French, Gardner, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman Excused: Hoffman, Olson, Stevens and so, Amendment No. 4 failed. Senator Wielechowski offered Amendment No. 5 : 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 include the authorization of a mixing zone for a commercial passenger vessel only 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 in or adjacent to an area established under AS 16.20 as a state game refuge, game sanctuary, or critical habitat area or established under AS 41.21 as a state marine park." 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 2013-02-13 Senate Journal Page 0292 shall find the commercial passenger vessel satisfies all state technology-based treatment requirements for authorization of a mixing zone." Reletter the following subsections accordingly. Page 3, line 15: Delete "(e)" Insert "(e)(1)" Senator Wielechowski moved for the adoption of Amendment No. 5. Senator Giessel objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HB 80 Second Reading Amendment No. 5 YEAS: 5 NAYS: 12 EXCUSED: 3 ABSENT: 0 Yeas: Ellis, French, Gardner, Micciche, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Stedman Excused: Hoffman, Olson, Stevens and so, Amendment No. 5 failed. Senator Coghill moved and asked unanimous consent that HOUSE BILL NO. 80 advance to third reading on the February 19 calendar. Without objection, it was so ordered.