Legislature(2013 - 2014)BARNES 124
03/21/2013 01:00 PM House TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| HB23 | |
| HB131 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 23 | TELECONFERENCED | |
| + | HB 131 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 131-ABANDONED AND DERELICT VESSELS
2:19:58 PM
CHAIR P. WILSON announced that the final order of business would
be HOUSE BILL NO. 131, "An Act relating to abandoned and
derelict vessels."
2:20:03 PM
REPRESENTATIVE PAUL SEATON, Alaska State Legislature, stated
that HB 131 relates to derelict vessels. He referred to several
additional supportive documents in members' packets, including a
resolution from the City of Cordova and the City of Ketchikan.
He said that this bill was based primarily on a request from the
Alaska Association of Harbormasters and Port Administrators.
This bill would address a costly and growing problem of derelict
vessels in Alaska. He stated that due to fishery consolidations
which occurred in the 1990s, the state has been left with
numerous vessels that are now deteriorating or have been sold to
parties lacking the financial capability to maintain them. This
has led to vessels being abandoned or becoming derelict, which
takes up significant room in Alaska's harbors or uses moorage
space. Ultimately, municipalities must resolve the problem of
abandoned and derelict vessels. For example, a vessel sank in
Cordova and it took two years to resolve the issue of the 170-
foot landing craft, which ultimately cost the municipality more
than $1.2 million in disposal costs.
REPRESENTATIVE SEATON pointed out a notable example when two
seiners sank in Kachemak Bay and the U.S. Coast Guard and DOT&PF
spent $250,000 to dispose of the vessels. He explained the
DOT&PF is the entity that originally built the state's harbors
so the authority to address derelict and abandoned vessels rests
with the DOT&PF. However, he advised that Department of Natural
Resources (DNR) has the authority over state waters and state
lands. Thus, when a derelict vessel is anchored in state waters
and sinks, the DNR has the responsibility; however, the DOT has
the authority, yet the USCG oversees any issues related to fuel
or petroleum leaks. This bill, HB 131 would attempt to create a
multi-agency approach and provide relief for municipalities who
own harbors transferred to them. However, many municipalities
don't have local authority to address the abandoned and derelict
vessels. Thus, HB 131 would coordinate the activities.
Additionally, HB 131 would create a requirement that if a vessel
was denied entrance into a harbor due to its derelict status,
the vessel may not be stored for more than 14 days without
removing any petroleum products and hazardous materials.
2:24:00 PM
REPRESENTATIVE SEATON emphasized the importance of removing
these materials timely rather than wait until the vessel sinks
and the materials are released, often during storms, leading to
expensive salvage operations. Again, this bill would establish
the framework to address abandoned and derelict vessels and
clearly lays out the procedures for the state or municipality to
handle the vessels. Thus far, he is not aware of any opposition
to the bill. He pointed out a March 18, 2013 Seattle Times
article, entitled, "Ship Owner Gets More Than He Bargained For -
Prison time." He reported that it cost $22 million to resolve
this specific salvage issue. He characterized vessel disposal
under the bill as being preventive in nature. He described some
difficulties that have arisen in recent times. In response to a
question, he stated that the bill has a zero fiscal note.
2:27:24 PM
REPRESENTATIVE FEIGE said he wholeheartedly supports the bill,
noting the City of Valdez has brought this issue to his
attention. He acknowledged that the City of Valdez has
experienced significant issues with derelict vessels. He stated
that a derelict vessel can lie on a beach within the
municipality and often times the vessel is abandoned when the
owner loses his/her job or runs out of money. In those
instances the vessel is abandoned in the harbor. Typically,
unmaintained vessels sink, especially in Valdez since when the
significant snow accumulation is not shoveled off. At that
point, it becomes the City of Valdez's problem, including all
the costs associated to accomplish the cleanup. He said he
supports any efforts the legislature can take to help local
government entities address this issue.
CHAIR P. WILSON related the City of Wrangell is also working on
this issue and is working to change come of its bylaws.
REPRESENTATIVE SEATON remarked that frequently boats are stored
over an extended period of time by tipping them upside down.
The bill contains an exception for the traditional practices
outside municipalities; and within municipalities, the local
government can regulate the practice. Additionally, HB 131 does
not apply to vessel storage on private land, but only applies to
public land and waters.
2:29:38 PM
REPRESENTATIVE FEIGE asked for clarification on the relationship
and responsibilities of the USCG.
REPRESENTATIVE SEATON answered two methods exist to register
boats. First, documented vessels are ones that are documented
with the U.S. government and in times of war the government
could use the vessel. Second, state vessels are under five-ton
net weight and are identifiable by the "AK number" listed on the
side of the bow. He initially shared Representative Feige's
concern over the relationship with the USCG, but the
harbormaster has not had any issues between documented or
undocumented vessels in derelict situations. He pointed out the
USCG has responsibility for oil spills, but if the spill is in
state waters, the DOT&PF and DNR coordinate pulling the vessel
and dismantling it. In further response, Representative Seaton
clarified that any vessel used for commercial purposes weighing
five tons net or over must be a documented vessel, although he
noted that yachts can't be used for commercial purposes.
2:32:00 PM
REPRESENTATIVE ISAACSON asked whether someone wanting to take
possession of the vessel would pay the state agency any port
fees owed. He wondered whether municipalities must absorb
losses if the vessels are sold at auction and the expenses
incurred by the municipality are not covered.
REPRESENTATIVE SEATON acknowledged that municipalities often
attempt to recover funds. He said if the value is under $100
municipalities can dispose of vessels without going to the
expense of public noticing, which adds costs. In fact, he
cautioned against municipalities selling derelict vessels since
these vessels may be purchased but end up in the harbor again.
Thus, it is often better to dismantle any vessels with low
value. However, he related these decisions can be made by the
local harbor and this bill would give the local harbor the
authority to address abandoned and derelict vessels.
2:34:14 PM
REPRESENTATIVE LYNN recalled seeing vessels along Thane Road in
Juneau. He asked whether this bill would cover these vessels.
REPRESENTATIVE SEATON was unsure of specific vessels; however,
this bill will provide municipalities the ability to handle
vessels within the municipality, but it does not require them to
do so.
2:35:00 PM
STEVE CORPORAN, Director, Ketchikan Port & Harbors, City of
Ketchikan; President, Alaska Association of Harbormasters & Port
Administrators, stated that the sponsor did an excellent job
outlining the intent and salient and key factors. He said that
the City of Ketchikan has strong statutes regarding abandoned
and derelict vessels. This bill, HB 131, will help strengthen
state and municipal authority. For example, since Ketchikan is
proactive, a derelict vessel often will leave the harbor before
it is impounded, but will not travel far. In fact, owners often
take the vessels just outside Ketchikan's jurisdiction to state
lands, anchor out, and the vessels sink and become expensive
salvage jobs. The USCG usually gets involved after the vessel
sinks and the cost exponentially increases as compared to costs
to remove the vessel prior to it sinking. This bill would help
pull the team members together to give them authority to impound
the vessels before they sink.
2:37:14 PM
RACHEL LORD, Statewide Coordinator, Alaska Clean Harbors
Program; Outreach and Monitoring Coordinator Cook InletKeeper,
stated the Alaska Clean Harbors is a voluntary statewide program
that works with harbormasters to improve resources and tools for
waste management, pollution prevention, and customer service
activities. She testified that HB 131 is a strong step forward
to improve the ability of Alaska's municipalities and state
agencies to effectively address abandoned and derelict vessels
along Alaska's vast coastline. She explained that many coastal
municipalities lack the legal framework within their municipal
codes or to navigate the maritime law to effectively address
these vessels. No longer the owner of the majority of Alaska's
harbors, the DOT&PF does not have the staffing or mandate to
solely manage abandoned or derelict vessels in harbors and state
waters as specified in current statutes. She suggested that the
state should look to states, such as Washington, who have spent
millions of dollars addressing abandoned and derelict vessels on
their coasts and rivers. The high cost associated with these
vessels has helped spur states on to take legislative action and
create coordinated efforts and provide a structure to address
these real environmental and financial concerns. This bill, HB
131, will help Alaska begin to move in the right direction with
common sense and immediately make useful changes to outdated
state statutes. She offered her belief that Alaska has enjoyed
a relatively young fleet of actively working vessels. She
highlighted that it is increasingly not the case as the fleet
ages and she predicted an increase in derelict vessels. She
said that these vessels are increasingly littering the coast
line and share the waters with commercial, subsistence, and
personal use fisheries and shellfish beds. In conclusion the
Alaska Clean Harbors strongly supports passage of HB 131.
2:39:19 PM
ROGER HEALY, Chief Engineer, Department of Transportation &
Public Facilities (DOT&PF), provided some background, such that
in 1975 the original statute was written at a time when the
state had the Department of Public Works (DPW). During Governor
Hammond's administration the DPW and the Department of Highways
was merged into the DOT&PF. The authority came to the DOT&PF,
he said. Since the mid-80s the DOT&PF has transferred authority
of approximately 100 harbors to municipalities, which represents
approximately 75 percent of the harbors. The authority to
address abandoned and derelict vessels is contained within this
bill. Others have spoken well about the issue, but this bill is
needed now. He offered the DOT&PF's support for HB 131.
CHAIR P. WILSON remarked she recently told a reporter that the
wheels of government turn slowly.
2:41:42 PM
CARL UCHYTIL, Vice-President, Harbormasters and Port
Administrators (AAHPA); Port Director, City and Borough of
Juneau (CBJ), stated that the AAHPA in its resolution 2012-02
strongly urges support to changes in AS 30.30 for abandoned and
derelict vessels. The AAHPA believes that delegation of
authority under state statutes to local municipalities is a step
in the right direction in turning the tide of abandoned and
derelict vessels in the state. He stated that the condition of
vessels that operate in Alaska is diverse and ranges from modern
yachts and well-maintained 80-year-old wooden trawlers, to
relatively but decrepit live aboard vessels to turn of the
century abandoned tugboats. The harbormaster has continually
sought tools to best manage the harbor facilities while keeping
a vigilant eye on vessels with encroach on tidelands. This bill
would give the harbormasters throughout the state authority to
address the liabilities and hazards of abandoned and derelict
vessels, which is especially important in smaller coastal
communities where legal and enforcement resources are not
readily available. He explained that the construction of
operations and harbors by the DOT&PF resulted in regulations
that empowered only DOT&PF to deal with troublesome vessels.
MR. UCHYTIL said that expanding the language to allow not only
DOT&PF, but other state agencies and municipalities to address
the abandoned and derelict vessels appears to be sound
legislation. Further, the proposed delegation of authority to
local municipalities would help refine the relationship between
the state, city, and borough responsibilities and will enable
harbormasters and communities with limited legal resources or
limited ordinances to act with competence in prosecuting
abandoned and derelict vessels. Additionally, the proposed
changes to AS 30.30 in HB 131 appear to provide authority for
the state and municipalities to act in a timely manner to
dispose of vessels before these vessels sink. He emphasized the
importance of this since the disposal cost associated with
vessels when afloat is a fraction of the cost once the vessels
take on water and become submerged or discharges fuel oil. In
conclusion, he said the AAHPA thanks members for their
consideration of this important issue for Alaska's coastal
communities.
CHAIR P. WILSON characterized this type of legislation as one
that can assist communities without adding cost to the state,
represents a good opportunity for the state.
2:45:05 PM
CHAIR P. WILSON, after first determining no one else wished to
testify, closed public testimony on HB 131.
2:45:21 PM
REPRESENTATIVE ISAACSON moved to report HB 131 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 131 was reported from the
House Transportation Standing Committee.
2:46:21 PM
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB0131A.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 131 |
| HB 131 Sponsor Statement.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 131 |
| Washington State Derelict Vessel Program Brochure.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 131 |
| City of Homer resolution_13-026.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 131 |
| e-mail from Homer Harbormaster regarding Derelict Vessel problem.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 131 |
| HB 131 AAHPA Resolution.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 131 |
| HB 131 Cordova Article.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 131 |
| HB 131 Derelict vessels - DNR information.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 131 |
| HB 131 DNR Derelict Vessels Presentation.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 131 |
| HB 131 News articles on Derelict vessels in Alaska.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 131 |
| HB 131 Seattle Times article on Derelict vessel issue in Washington State.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 131 |
| HB 23 KABATA Questions from 3-12.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 23 |
| HB 23 Amendment A 1.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 23 |
| HB 23 Amendment A 3.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 23 |
| HB 23 Amendment A 4.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 23 |
| HB 23 Amendment A 5.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 23 |
| HB 23 Amendment A 7.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 23 |
| HB 23 Amendment A 8.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 23 |
| HB 23 Sectional Analysis.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 23 |
| HB 23 Amendment A 2.pdf |
HTRA 3/21/2013 1:00:00 PM |
HB 23 |