Legislature(2013 - 2014)SENATE FINANCE 532
02/07/2013 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB29 | |
| HB80 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 29 | TELECONFERENCED | |
| + | HB 80 | TELECONFERENCED | |
| + | TELECONFERENCED |
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."
9:04:05 AM
Co-Chair Meyer noted that HB 80 would replace SB 29. He
stated that invited and public testimony would be heard.
CHIP THOMA, PRESIDENT, RESPONSIBLE CRUISING IN ALASKA,
discussed past accomplishments regarding cruise ship. He
stated that his organization formed in 1999 to propose a
local cruise ship head tax for the City and Borough of
Juneau. He addressed the prior meeting's testimony by
Deputy Commissioner Kent. The Department of Justice found
that major shipping lines were violating pollution
requirements by rerouting pipes in their sewage system,
allowing the ships to discharge at night. These shipping
lines were fined $30 million in 2000. A survey in Alaska
found that that none of the advanced wastewater treatment
systems were operational.
Mr. Thoma recalled Deputy Commissioner Kent voicing that
the state could not meet all of the water quality
standards, but he agreed that the progress was remarkable.
He understood that many of the water treatment systems were
functional. He expressed concern about discharge of ammonia
and copper. He stated that copper, nickel and zinc
discharge resulted from pipes on the ship and ammonia was a
component of large volumes of grey water. He informed the
committee that water softeners used in the cruise ships
dissolved the metal in the pipes and led to copper being
discharged in the ocean. He acknowledged that some ships
were copper and metal free.
9:09:02 AM
Mr. Thoma addressed questions posed by Vice-Chair
Fairclough. He explained that onshore permits existed for
areas that were easily tested and for ocean rangers. Juneau
had four connections to the sewage treatment plant for grey
water. He mentioned the Ocean Ranger Program. Mixing zones
remained the same including Chatham straight and Stevens
Passage. The salmon migration routes were the same. He
stated that 14 of the ships discharged offshore and they
were permitted to do so, while 7 discharged in harbors,
which lessened the impact. He advocated for leaving the
present law in place, as it maintained a higher standard.
He recommended extending permits to 2020. He added that
lowering the copper count discharged by cruise ships was as
simple as eliminating the use of water softeners on the
ships. Since the copper affected salmon only, he
recommended relocation of the ships with copper pipes.
9:11:46 AM
Mr. Thoma stated that testing for mobile mixing zones was
complicated, as cruise ship discharge occurred at night. He
recommended simple solutions to many of the issues. He
added that metal ball valves used during port time
increased the copper counts. When the metal ball valves
were replaced with plastic, the copper counts decreased
dramatically.
Mr. Thoma discussed Deputy Commissioner Kent's affidavit
presented four years ago regarding the cruise ships. He
offered to attach copies of the affidavit to his testimony
for committee members.
9:13:29 AM
Co-Chair Meyer understood Mr. Thoma's opinion was to extend
the permit and allow technology "time to catch up." If the
cruise lines with copper pipes continued to struggle, the
ships could be recycled and used elsewhere.
9:14:17 AM
AT EASE
9:14:50 AM
RECONVENED
JOHN BINKLEY, PRESIDENT, ALASKA CRUISE ASSOCIATION, noted
that he represented an organization that contributed to the
economy in Alaska. He commended Deputy Commissioner Kent on
her testimony during the prior meeting. He discussed the
work of the science panel that generated the impetus for
the bill. The issues addressed in HB 80 had been reviewed
for many years. He provided history of cruise ships and
discharge of wastewater in Alaska. He stated that a group
of scientists researched wastewater in Alaska.
Mr. Binkley explained that in June 2001 under Governor Tony
Knowles, review of cruise ship wastewater led to numerous
studies performed by a panel of renowned scientists. New
legislation was adopted to control the discharge of treated
wastewater from cruise ships in Alaska. The ships were
required to have advanced wastewater treatment stations.
The industry invested over $200 million on the required
systems. The industry employed technology changes including
the decision to appoint an environmental officer to oversee
the regulations. The officer reported to the CEO and
supervised the management practices regarding environmental
matters.
9:19:45 AM
Mr. Binkley stated that the ships discharged "near drinking
water" effluent on a continuous basis following treatment.
The industry reached a much higher quality of discharge in
2004. In 2006, a ballot initiative was passed, implementing
5 different taxes on the cruise industry. He opined that
the ballot initiative established a requirement that was
unique to large ships and was unattainable. The legislature
reviewed the ballot initiative in 2009 through a long and
heated debate. The legislature in 2009 opted for additional
time and a review by a science advisory panel. The
preliminary report in January 2013 concluded that the
technology employed by the cruise ships was the best
available. New and emerging technologies were sought by the
panel without success. The science panel determined that
all marine species were protected. He maintained that the
bill allowed the Department of Environmental Conservation
(DEC) to make sound decisions when protecting the Alaskan
environment.
9:24:21 AM
Vice-Chair Fairclough recalled an allegation of felony
charges regarding the discharge of raw sewage at night. She
asked if every cruise ship entering Alaskan waters used
advanced treatment systems.
Mr. Binkley replied that much misinformation was released
to the public. He stressed that DEC would not allow the
practice. He argued that the statements regarding raw
sewage were reckless. He noted that prosecution would occur
for the gross violation. He stated that cruise ships
discharged drinking water quality effluence continuously.
9:26:40 AM
Vice-Chair Fairclough stated that DEC confirmed that clear
water was discharged. Four components were identified;
ammonia, nickel, copper and zinc existed at higher levels
than were recommended by the initiative. She expressed
interested in the conversation regarding nickel and copper
in ocean waters.
Mr. Binkley testified that "as an Alaskan" his family
relied on the tourism industry. The issue was framed as an
one supporting industry, when he opined that the issue
supported Alaskans. He stressed that the cruise ships would
take their business elsewhere and Alaskans would be hurt by
the lack of tourism dollars.
9:29:59 AM
Senator Olson asked about how many of Mr. Binkley's 170
employees were Alaskan and received a Permanent Fund
Dividend (PFD).
Mr. Binkley responded that his company hired Alaskans, but
he was not sure about his employees' PFDs.
Senator Olson asked if he visited the "Riverboat Discovery"
and asked the employees what part of Nebraska they were
from, how they would answer.
Mr. Binkley responded that he had no employees from
Nebraska.
9:31:21 AM
Senator Olson stated that many summer employees in Alaska
were visiting from other states.
Mr. Binkley responded that there was validity to Senator
Olson's concern. He admitted that many seasonal businesses
took advantage of the visitor season.
Senator Olson stated that many of the products sold in
tourism shops were not made in Alaska. He argued that it
was not Alaskans directly affected, but instead
opportunists taking advantage of the tourist season.
Mr. Binkley argued that many Alaskans were employed by the
tourism industry. He recommended an inquiry with Department
of Labor and Workforce Development regarding statistics. He
understood that statistics suggested a high level of
employment by Alaska in the visitor industry.
9:32:58 AM
Co-Chair Meyer opened public testimony.
9:33:33 AM
PETE WEDIN, HOMER, stated that he owned and operated a
small fishing charter in Alaska. He informed the committee
that the Alaska Seafood Marketing Industry (ASMI) stated
that Alaskan waters were pure. He recommended that
legislators and the public visit www.alaskaseafood.org to
become more familiar with the campaign that would spend
over $20 million in 2013 to promote Alaska's image. He
suggested that the legislation would compromise the image.
He explained that his fishing area was designated a
critical habitat area in 1974. The area included many
oyster farms and he requested that the committee amend HB
80 to prevent discharges in sensitive areas around the
state. He concluded that the preliminary report was not
"final" and he appealed to allow the scientific panel to
finish its research and provide the final report.
9:36:11 AM
DAVE WETZEL, ADMIRALTY ENVIRONMENTAL, JUNEAU, testified in
favor of HB 80. He stated that advanced wastewater system
manufacturers created solutions that worked to meet the
standards. He stated that he was personally involved in all
of the sampling and witnessed a high level of compliance in
the effluent tested. He stated that if ships were
discharging at night, which was when sampling was
performed. The sampling program would catch any night time
illegal discharge. He noted the remarkable consistency in
results between the different treatment systems. The
problem was already solved via the implementation of
stricter regulations. The regulations were met. He
expressed admiration for the industry and their compliance
with and concern about test results.
9:41:45 AM
ANDY ROGERS, ALASKA STATE CHAMBER OF COMMERCE, ANCHORAGE,
testified in favor of policies that improved the business
climate and protected the environment. Members of the
organization gathered to establish positions prior to the
legislative session and the proposed legislation became a
priority. He advocated for policies based on sound science.
He spoke to the economic impact of cruise ship tourism
across the state. He testified in support of the
legislation.
9:45:02 AM
Senator Olson asked if the next generation of Alaska would
condemn the legislature for ignoring the risks to the
salmon population by passing the legislation. He voiced
that his constituents were faced with many salmon
"disasters" that led to significant losses for fishermen.
9:46:09 AM
Mr. Rogers encouraged the legislature to lean on the state
agencies and trust that they have the best interest in
protecting Alaska. He could not predict the threats to the
environment. The wastewater treatment systems were
preforming exceptionally well.
9:47:26 AM
Senator Olson expressed a lack of trust in the scientific
panel. He stated that the removal of one scientist who had
an adverse opinion suggested that the panel was designed to
create a report that would facilitate the industry's goal.
Mr. Rogers could not speak to the credentials of the
members of the science panel and was not in a position to
critique their performance.
Senator Dunleavy asked about Alaska State Chamber of
Commerce members with seafood trade associations.
Mr. Rogers replied that several members had seafood trade
associations. He offered to provide a list of active
members of the chamber of commerce.
Senator Dunleavy clarified that the Alaska State Chamber of
Commerce represented both the cruise industry and the
seafood trade associations.
Mr. Rogers agreed that his membership consisted of private
sector businesses and did not distinguish by geographic
location, size or industry. Because of the diversity,
decisions were well vetted.
9:50:09 AM
DR. K. KOSKI, SALMON BIOLOGIST, JUNEAU, testified in
interest of maintaining the pristine environment for salmon
in Alaska. He offered to answer questions. He stated that
very low concentrations of copper did affect the olfactory
function of salmon, which was essential to their migration.
He suggested that the fishing industry would suffer as a
result of cumulative copper counts in the ocean. He opposed
the legislation.
Senator Dunleavy asked about the Copper River king salmon.
The Copper River was named because of the copper mine in
the vicinity. He assumed that there was copper in the river
and wondered why the salmon runs were not impacted.
Dr. Koski replied that he did not have the data regarding
copper counts in the Copper River.
Senator Dunleavy assumed that prior to the mining
regulations; copper may have been discharged into the river
via the mine. He added that ice melt from glaciers might
lead to copper leaching into the river.
9:54:21 AM
Dr. Koski respected the question as one posed by proponents
of Pebble Mine. He opined that the levels of copper in the
Copper River represented an important piece of the
discussion.
Vice-Chair Fairclough referred to Pebble Mine advertising
and conflicting information about copper levels. She
wondered if the effect of the copper compromised the health
of the fish. She noted that land based facilities
discharged levels across the Alaskan coast, which had been
deemed acceptable. She wondered if the effect of copper in
the water damaged the fish or compromised the olfactory
sense.
Dr. Koski suggested that both homing and survival of the
salmon were affected by copper. He referenced research by
Dr. Shultz that observed urban run-off in streams and
mortalities were found in adult salmon. The copper
pollution was an effect of both terrestrial and water
sources. He offered to provide research about copper
toxicity and effects on the olfactory of salmon to the
committee. He apologized that he had very little time to
prepare for the presentation.
Co-Chair Meyer offered to copy the research.
9:57:15 AM
KARLA HART, ALASKA COMMUNITY ACTION ON TOXICS, JUNEAU,
advocated for fairness. She testified in opposition to the
legislation. She pointed out arguments that municipalities
and ferries were not held to the same standards as the
cruise ships. The ferry and community wastewater systems
were serving a public purpose. The cruise ship industry
benefited from externalizing costs to the maximum extent
for corporate profits.
10:02:24 AM
DAVEN HAFEY, SOUTHEAST ALASKA CONSERVATION COUNCIL, JUNEAU,
explained that the Southeast Alaska Conservation Council
advocated for members from 18 communities throughout
Southeast Alaska. Many members' livelihoods depended on
healthy water. He stressed that his council was not opposed
to the cruise ship industry, but he advocated for thriving
in a way that honored and respected the waters. He pointed
out that the legislation was based on a preliminary report,
rather than a final report. He opposed the legislation.
10:04:10 AM
JAMES SULLIVAN, SOUTHEAST ALASKA CONSERVATION COUNCIL,
JUNEAU, expressed concern regarding the word,
"unattainable." He disagreed with the argument that the
restrictions and regulations were "unattainable." He
requested a final science report. He argued that, in many
instances, the requested criterion was attained. He pointed
out instances stated in the science panel's preliminary
report stating compliance of attainment of zinc, copper,
nickel, and ammonia levels in 2011. He requested a review
of the preliminary report to further examine the successes
in compliance that some cruise ships attained. He proposed
hearing testimony from the science panel.
10:07:26 AM
RICK ROGERS, EXECUTIVE DIRECTOR, RESOURCE DEVELOPMENT
COUNCIL (via teleconference), grow Alaska through
responsible development. He advocated for predictable,
timely and efficient state and federal permitting processes
based on sound science and economic feasibility. He
believed that public policy based on rhetoric, fear or
misinformation would negatively impact resource policy in
Alaska. He commended the cruise ship advisory panel, who
met approximately 15 times to help shape a rational
wastewater discharge policy for the cruise industry. He
supported the legislation because the evidence did not
suggest that the health and productivity of the fisheries
would be compromised. The fisheries were an important
renewable resource. The legislation was based on science
and the advice of DEC. The advanced systems on the cruise
ships were more efficient than those found in
municipalities or on ferry ships.
10:11:43 AM
RICK HARNESS, HOMER (via teleconference), testified in
opposition to the legislation. He voiced that the
legislation was pushed through the legislature. He
advocated for taking time to study the issue further. He
argued that a mixing zone was technically a dumping zone,
where many chemicals and metals were dumped into the water.
He advocated for clean and pristine oceans. He wanted the
legislature to hold the industry to a high standard for the
protection of the communities.
10:15:43 AM
MICHAEL MCCARTHY, HOMER (via teleconference) testified
against the legislation. He stated that he read the bill
along with a 62 page report. He mentioned that Haines'
residents had boycotted the cruise industry after reports
that cruise ships dumped raw sewage into Lynn Canal. He
recommended vetting the issue further as the consequences
of a bad decision were great. He pointed out section 2,
lines 10 - 13 of HB 80, which he opined circumvented
Alaska's best interest to protect water and fish. He quoted
Abraham Lincoln, "I do the very best I know how, the very
best I can and I mean to keep doing so until the end. If
the end brings me out all right, what is said against me
won't amount to anything. If the end brings me out wrong,
ten angels swearing I was right will make no difference."
10:19:44 AM
ERIC YANCEY, WRANGELL (via teleconference), provided
history about the cruise ship wastewater issue. He
understood that heavy metals were the major risk to salmon.
He worried that the interior benefitted tourism while
southeast Alaska suffered from the effects of the cruise
ship wastewater.
DEVID BEEBE, KUPREANOF (via teleconference), testified in
opposition to HB 80. He stated that the fish could not
survive in the cesspool of Alaskan waters. He claimed that
most of the fish caught were not safe to consume. He
advocated for commercial fishing.
10:26:15 AM
BYRON CHARLES, KETCHIKAN (via teleconference), testified in
opposition to HB 80. He mentioned a conversation with
Representative Peggy Wilson regarding fisheries and waters.
He suggested that municipal tanks be installed to allow for
cruise ship wastewater disposal.
10:30:55 AM
BERNAHARD RICHERT, ANCHORAGE (via teleconference), stated
that sales of resources were an important part of Alaska's
economy. He testified against the legislation. He advocated
for the pristine image used to market Alaskan resources.
10:31:43 AM
GEORGE PLETNIKOFF, PALMER (via teleconference) worked as
the Alaska Ocean's campaigner for Greenpeace. He expressed
concern for the impacts of the legislation. He stated that
the melting of the arctic ice would open the waters for
cruise ships. He wished for caution regarding the precedent
set regarding cruise ship regulations. He advocated for
clean waters in Southeast Alaska as well as the Arctic
Ocean. He added that some municipalities classified as
native villages discharged "primary one" treated sewage
into waters.
10:34:12 AM
JIM POWELL, JUNEAU, appreciated the difficult position of
the legislature. He understood that the state needed the
cruise ship industry. He recognized that the legislature
was in a position where they must predict the future in the
balance. He wished to hear from the Coast Guard and
Department of Fish and Game (DF&G). He thought that the
opinions of both entities would provide valuable
information. He added that DEC was not the expert in fish.
He wished to know the cost of monitoring the mixing zone
through bio monitoring. He commented on cumulative impact
of discharge, which could be ascertained through bio
monitoring. He concluded that California had recently
passed a law regarding discharge zones.
10:38:39 AM
MICHELLE RIDGEWAY, JUNEAU, stated that she was a research
diver and lifelong Alaskan. She served on the DEC cruise
ship wastewater science panel. She expressed concerns
regarding the report. She provided a letter to the
committee regarding the science panel's final report. She
highlighted the zero fiscal note associated with the
action. She argued that the action of the bill would lead
to fiscal impact for the development of a moving mixing
zone model that would adequately address the needs of the
bill's requirements. Studies suggested that the cost of the
model could range from $50 thousand to $200 thousand range.
The science panel cost $310 thousand. She added that public
testimony indicated that the public was unhappy with the
legislation. She concluded that the science panel did not
address mixing zones in their incomplete report. Text was
added to the report in the final hour by a member of the
panel who represented the cruise ships. She expressed
concern about the myth of instantaneous dilution in the
mixing zones. She mentioned DEC studies that stated that
waters were not diluted instantaneously.
10:44:34 AM
Mr. Pletnikoff continued with his testimony. He testified
in opposition to HB 80. He stated that the discharge from
400 additional ships would enter the Bering Sea as a result
of the legislation. He expressed concern about the salmon
due to the pollutants in the ocean water.
10:47:29 AM
DARLENE DOBDS, CALIFORNIA (via teleconference), expressed
concern about the diminishing salmon population in Alaska.
She advocated for weighing both sides of the issue before
passing HB 80.
10:48:44 AM
VI WAGHIYI, VILLAGE OF SAVOONGA (via teleconference),
represented native population. She spoke in opposition to
the legislation. She represented the native village of
Savoonga on Saint Lawrence Island. She stated that her
people were very concerned about cruise-ship discharge
contaminating the ocean waters in the Bering Sea. She
explained that her people depended on the sea for physical,
cultural and spiritual sustenance. She expressed concern
about the ammonia discharge because of its impact on toxic
algae in the area. Heavy metals were also a concern as they
could concentrate in the flesh of traditional subsistence
foods. The copper in the cruise ship discharge could
adversely affect a salmon's ability to navigate through the
ocean. The legislation would affect the villages' food,
safety, health and wellbeing.
Senator Olson asked about the evidence of abnormalities in
the sea animals.
Ms. Waghiyi replied that global contaminants were trapped
in the arctic through air and ocean currents. She mentioned
a community based project identifying pesticides,
Polychlorinated biphenyl (PCB) and heavy metals in
traditional foods. She insisted on proactive measures to
protect the people of Alaska.
10:55:11 AM
DELICE CALCOTE, ALASKA INTER TRAVEL COUNCIL, SUTTON (via
teleconference), testified in opposition to the
legislation. She reminded about article 12, section 12, the
disclaimer and agreement of the constitution of Alaska as
well as section 4 of the Compact or agreement for the
Statehood Act. "Our lands, our people, our water, our fish,
our fish habitats are to be protected forever." She
expressed that she felt harassed by the discharged
wastewater from cruise ships that accumulated significantly
leading to adverse effects. She wondered about pollution
discharged into the air and water affecting the coastal
communities.
10:59:55 AM
PIAMA OLEYER, UNALASKA (via teleconference), explained that
she had raised her children in Unalaska. People in her
community died from pollution. She testified in opposition
to the legislation. She stated that, according to studies,
irradiation of human waste purified it. She was unable to
locate studies stating that irradiation was not harmful to
humans. She voiced proof that pollution affected foods near
her home, when she found fish with burns and portions of
rotten flesh. She found salmon riddled with white pustules,
which she sent to DF&G it was deemed a natural occurrence.
She stated that she had never seen these "natural
occurrences" during her childhood even though her family
subsistence fished for generations.
11:04:01 AM
HARROLD BORBIDGE, SITKA (via teleconference), testified in
opposition to the legislation. He asked why the state did
not subsidize the needs of the industry to meet the
stricter standards.
11:06:02 AM
MELLISSA KOOKESH, ASSISTANT TO THE PRESIDENT, CENTRAL
COUNCIL TLINGIT AND HAIDA INDIAN TRIBES OF ALASKA
(CCTHITA), read part of a letter written by President
Thomas (copy on file). She opposed the bill. She explained
that Central Council served 22 villages and communities and
had over 28 thousand tribal citizens. She requested
assurance from DEC that the herring, salmon, shellfish and
seaweed would not be negatively impacted by the loosened
discharged standards. She advocated for uniform and
stringent standards on permit requirements for the cruise
ship industry.
11:10:11 AM
Co-Chair Meyer closed public testimony.
HB 80 was HEARD and HELD in committee for further
consideration.
Co-Chair Meyer stated that the deliberations would continue
on February 8, 2013. He stated that DEC would testify again
and the committee would vote.
Vice-Chair Fairclough requested testimony from DF&G.
Co-Chair Meyer agreed to either invite the department to
the following day's committee meeting or solicit a
statement for the members.
Vice-Chair Fairclough voiced that the abundant testimony
regarding subsistence fishing and habitat was the purview
of DF&G. She remained very interested in the subject.
11:12:53 AM