04/20/2023 01:00 PM House TRANSPORTATION

                  HB 128-OIL TERMINAL FACILITY                                                                              
                                                                                                                                
1:20:09 PM                                                                                                                    
                                                                                                                                
CHAIR MCCABE announced that the  first order of business would be                                                               
HOUSE BILL  NO. 128, "An Act  relating to the definition  of 'oil                                                               
terminal facility.'"                                                                                                            
                                                                                                                                
1:20:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  moved  to  adopt  the  proposed  committee                                                               
substitute    (CS)    for    HB   128,    Version    33-LS0634\U,                                                               
Gunther/Radford, 4/20/23, as a working document.                                                                                
                                                                                                                                
REPRESENTATIVE  MCCABE objected  for the  purpose of  discussion.                                                               
He asked Buddy Whitt to address the changes proposed in the CS.                                                                 
                                                                                                                                
1:21:21 PM                                                                                                                    
                                                                                                                                
BUDDY  WHITT, Staff,  Representative Kevin  McCabe, Alaska  State                                                               
Legislature,  explained the  changes in  the proposed  CS for  HB
,   Version  U,   on  behalf   of  the   sponsor,  the   House                                                               
Transportation  Standing   Committee,  on   which  Representative                                                               
McCabe  serves as  chair.   He  reviewed that  the original  bill                                                               
contained a  definition of "oil terminal  facility" that included                                                               
two  instances where  a vessel  would be  considered an  oil tank                                                               
facility, and  this caused  concerns among  fuel handlers  in the                                                               
state.   He stated that Version  U was drafted based  on feedback                                                               
from  stakeholders, but  said he  is currently  awaiting feedback                                                               
from the Department of Environmental Conservation (DEC).                                                                        
                                                                                                                                
MR.  WHITT  paraphrased  the sectional  analysis  for  Version  U                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section 1   Page 1, lines  4 through 11   adds language                                                                    
     that an approved contingency plan  for a tank vessel or                                                                    
     oil  barge satisfies  the requirement  in  (a) of  this                                                                    
     section   for  contingency   plans  for   oil  terminal                                                                    
     facilities.                                                                                                                
                                                                                                                                
     Section 2    Page 1, line  12 through Page 2,  line 6                                                                      
     adds  language that  proof of  financial ability  for a                                                                    
     tank  or   oil  barge  that  is   approved  under  this                                                                    
     subsection  satisfies the  requirements of  (a) of  the                                                                    
     section  for   proof  of  financial  ability   for  oil                                                                    
     terminal facilities.                                                                                                       
                                                                                                                                
     Section 3    Page 2, lines 12 through 26    changes the                                                                    
     definition of  oil terminal facility to  confirm to the                                                                    
     additions  of sections  one  and  two; specifying  that                                                                    
     when  a tank  vessel or  oil barge  are operating  with                                                                    
     approved  contingency  plans  and  proof  of  financial                                                                    
     ability,   they  are   not  considered   "oil  terminal                                                                    
     facilities".                                                                                                               
                                                                                                                                
     Section  4    Page  2,  line 27     Added an  immediate                                                                    
     effective date to the bill.                                                                                                
                                                                                                                                
1:25:22 PM                                                                                                                    
                                                                                                                                
CHAIR MCCABE  removed his  objection to the  motion to  adopt the                                                               
proposed  CS for  HB  128, Version  U.   There  being no  further                                                               
objection, Version U was before the committee.                                                                                  
                                                                                                                                
CHAIR MCCABE announced that HB 128 was held over.