2018-01-24                     Senate Journal                      Page 1815
SB 158                                                                                                                        
SENATE BILL NO. 158 BY THE SENATE 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 information was published today:                                                                           
 Fiscal Note No. 1, Department of Environmental Conservation                                                                    
                                                                                                                                
Governor's transmittal letter dated January 23:                                                                                 
                                                                                                                                
Dear President Kelly,                                                                                                           
                                                                                                                                
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 4 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.                                                               

2018-01-24                     Senate Journal                      Page 1816
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