2018-01-24                     House Journal                      Page 2241
HB 305                                                                                                                        
HOUSE BILL NO. 305 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to oil and hazardous substances and waiver of                                                             
     cost recovery for containment and cleanup of certain releases; and                                                         
     providing for an effective date."                                                                                          
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1. Fiscal, Dept. of Environmental Conservation                                                                                  
                                                                                                                                
The Governor's transmittal letter dated January 23 follows:                                                                     
                                                                                                                                

2018-01-24                     House Journal                      Page 2242
"Dear Speaker Edgmon:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to cost recovery relief for                                                     
homeowners.                                                                                                                     
                                                                                                                                
This bill would offer cost recovery relief to homeowners when they                                                              
have a release of oil or hazardous substance from equipment used for                                                            
space heating or electrical power generation. Current statutes require                                                          
the Department of Environmental Conservation to seek complete cost                                                              
recovery for cleaning up spilled petroleum or other hazardous                                                                   
substances. This can deter homeowners from reporting or cooperating                                                             
with the department when they experience a spill at their home, such                                                            
as a spill from a heating oil tank.                                                                                             
                                                                                                                                
This bill would allow the Department to waive all or a portion of                                                               
response costs for cleanup for homeowners. Requirements are:                                                                    
                                                                                                                                
     · Release was from piping, tankage, or other equipment solely                                                              
         used to heat an individual's home or residential building with                                                         
         no more than four housing units;                                                                                       
     · The individual did not willfully or negligently fail to comply                                                           
         with spill prevention, reporting, and response requirements;                                                           
     · The individual took immediate measures upon discovery of                                                                 
         the release and provides reasonable assistance in the clean-up.                                                        
                                                                                                                                
Allowing relief from cost recovery would result in more timely and                                                              
efficient cleanup of these contaminated sites, which protects human                                                             
health and the environment.                                                                                                     
                                                                                                                                
I urge your prompt and favorable action on this bill.                                                                           
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor"