02/02/2017 01:30 PM House TRANSPORTATION

            HB 51-SMALL VESSEL WASTEWATER EXEMPTION                                                                         
                                                                                                                                
1:34:06 PM                                                                                                                    
                                                                                                                                
CO-CHAIR STUTES announced that the  first order of business would                                                               
be  HOUSE BILL  NO. 51,  "An Act  relating to  the regulation  of                                                               
wastewater discharge  from small commercial passenger  vessels in                                                               
state waters; and providing for an effective date."                                                                             
                                                                                                                                
CO-CHAIR STUTES  opened public testimony  on HB 51, and  then she                                                               
closed it after ascertaining that no  one wished to testify.  She                                                               
noted that  Mike Lesmann  and Michael  Neussl from  Department of                                                               
Transportation  and Public  Facility (DOT&PF)  and Michelle  Hale                                                               
from Department  of Environmental Conservation (DEC)  were in the                                                               
room for  questions.  She  indicated a  desire to review  the two                                                               
attached zero fiscal notes.                                                                                                     
                                                                                                                                
1:36:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  moved that the committee  adopt Conceptual                                                               
Amendment 1 to Version D,  labeled 30-LS0302\D.1, Nauman, 2/1/17,                                                               
which read:                                                                                                                     
                                                                                                                                
     Page 4, following line 5:                                                                                                  
     Insert a new bill section to read:                                                                                         
         "* Sec. 8. The uncodified law of the State of                                                                        
     Alaska is amended by adding a new section to read:                                                                         
      RETROACTIVITY. This Act is retroactive to January 1,                                                                      
     2016."                                                                                                                     
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
CO-CHAIR STUTES objected for discussion purposes.                                                                               
                                                                                                                                
1:37:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  explained  that  Conceptual  Amendment  1                                                               
would  change the  effective date  in Section  8 of  HB 51,  from                                                               
occurring immediately  to being  retroactive to January  1, 2016.                                                               
He stated  that the  proposed amendment  would ensure  that state                                                               
and  private  sector vessels  addressed  in  the bill  are  fully                                                               
covered  and not  left vulnerable  due  to the  January 1,  2016,                                                               
sunset.   Representative  Neuman offered  his understanding  that                                                               
there  are  a number  of  vessels  that  will  be affected.    He                                                               
acknowledged  that the  department  posted a  letter ensuring  it                                                               
would not  take action  against those  vessels, but  explained he                                                               
was offering, Conceptual  Amendment 1 to close a  loop and ensure                                                               
that the private sector operators  are not left vulnerable to any                                                               
lawsuits.                                                                                                                       
                                                                                                                                
CO-CHAIR STUTES  asked that DOT&PF speak  to Conceptual Amendment                                                               
1.                                                                                                                              
                                                                                                                                
1:37:57 PM                                                                                                                    
                                                                                                                                
MICHAEL    NEUSSL,    Deputy    Commissioner,    Department    of                                                               
Transportation  & Public  Facilities (DOT&PF),  stated that  from                                                               
the  department's perspective,  the effective  date doesn't  make                                                               
any difference.  He  said that it would be fine  to close the gap                                                               
but that it had effectively been  done already by the letter from                                                               
DEC.   Mr. Neussl stated  that the department has  been complying                                                               
with the same best management  practice (BMP) plans it has always                                                               
followed.   He reiterated that  the department has  no objections                                                               
to Conceptual Amendment 1.                                                                                                      
                                                                                                                                
1:38:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN stated that when  he checked with DEC prior                                                               
to  the meeting,  he understood  the department  had no  problems                                                               
with the proposed amendment.                                                                                                    
                                                                                                                                
1:38:47 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  STUTES  reiterated  that   the  department  is  neutral                                                               
regarding  Conceptual  Amendment 1,  but  she  said the  proposed                                                               
amendment could offer added protections to the private sector.                                                                  
                                                                                                                                
CO-CHAIR  STUTES removed  her objection  to the  motion to  adopt                                                               
Conceptual  Amendment  1.   There  being  no  further  objection,                                                               
Conceptual Amendment 1 was adopted.                                                                                             
                                                                                                                                
1:39:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  WOOL  moved  to  report  HB  51,  as  amended,  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.    There  being no  objection,  CSHB  51(TRA)  was                                                               
reported out of the House Transportation Standing Committee.