Legislature(2009 - 2010)SENATE FINANCE 532
04/15/2009 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB113 | |
| HB199 | |
| HB134 | |
| HB26 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 113 | TELECONFERENCED | |
| += | HB 199 | TELECONFERENCED | |
| + | HB 134 | TELECONFERENCED | |
| + | HB 26 | TELECONFERENCED | |
| + | TELECONFERENCED |
CS FOR HOUSE BILL NO. 134(RES)
"An Act relating to the terms and conditions of
commercial passenger vessel permits for the discharge
of graywater, treated sewage, and other wastewater;
establishing a science advisory panel on wastewater
treatment and effluent quality in the Department of
Environmental Conservation; and providing for an
effective date."
10:22:00 AM
Co-Chair Hoffman MOVED to ADOPT work draft 26-LS0570\D,
Bullard, 4/14/09. There being NO OBJECTION, it was so
ordered.
REPRESENTATIVE JOHN HARRIS, spoke about the legislation and
the Committee Substitute (CS). He explained that the CS
eliminates five words. He revealed that the last
modification addresses the quality of water discharged from
the ships into Alaska waters. He informed that the CS
includes a six year sunset and allows a scientific panel to
meet every three years in a six year period rather than
every two.
10:24:17 AM
LARRY HARTIG, COMMISSIONER, DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, testified on SCSCSHB 134 (FIN). He informed
that the goal is to maintain Alaska's clean water. He
expressed appreciation from the Department of Environmental
Conservation (DEC) over the last few weeks to work with
Representative Harris on the bill. With the bill's passage,
DEC will be able to protect Alaska waters while providing
temporary relief to the cruise ship industry. One important
decision requires the cruise ships to reduce the amount of
pollutants in their waste before they discharge it so that
they meet state water quality criteria at the point of
discharge or as soon as it leaves the vessel. He mentioned a
technology conference several months ago sponsored by DEC to
review the potential technologies available to treat cruise
ship waste. He explained that the conference confirmed that
technologies are unavailable at this time to allow cruise
ships to consistently meet the point of discharge
requirement. He noted that the quality of the ship's
effluent is high relative to other dischargers, but they
have not yet achieved the goal of the initiative. He
explained that the legislation allows the cruise ships
additional time (six years) to achieve the goal with interim
steps. The steps include a science advisory panel of eleven
experts who would work with DEC to review the records that
the cruise ship companies present. A report will be
presented to the legislature following the conferences. The
six year sunset date will be readdressed through the process
to assess the necessary time span.
10:28:02 AM
Mr. Hartig provided a sectional analysis of the bill. The
intent section (Section 1) states the initiative to achieve
the at the point of discharge requirements. Section 2 allows
"the waiver provision" from the point of discharge
requirement stating that cruise ships must meet the
requirement except as provided in Section E below the waiver
provision. Section 3 eliminates the waiver provision with
the idea that Section 2 becomes effective on passage of this
act after the six year sunset allowing Section 3 to remove
the waiver.
10:29:29 AM
Mr. Hartig revealed that Section 4 describes the waiver and
how the cruise ship companies comply. The conditions state
that the companies must employ the treatment measures that
are technologically effective and economically achievable in
waste reduction. The waiver can only be granted for three
years at a time. With the six year sunset, DEC would issue a
new permit in the spring of 2010 followed by the technology
conference to review the information from the last three
years.
10:33:21 AM
Mr. Hardig informed that Section 5 addresses the science
advisory panel described earlier. He shared a story about a
dilution study assisted by a science panel. Representatives
from various interested groups comprise the panel,
particularly from coastal groups with interest in water
quality matters.
Subsection B under Section 5 described the reports presented
to the legislature from DEC with input from the science
panel. The reports allow the legislature to assess the
science panel's findings prior to issuing the new three year
permit. He noted the final report due 2015 allowing the
sunset provision to "kick in" or to take other action if
necessary.
10:35:05 AM
Mr. Hartig noted that the sunset provisions are contained in
Section 7 and 8. Section 8 provides that Sections 3 and 7
take effect December 31, 2015.
Senator Ellis MOVED to ADOPT Amendment 1:
Page 3, line 11
Insert after "using" "economically feasible"
Page 3, line 13
Delete "and economically feasible"
Page 3, line 18
Insert after "use of" "economically feasible"
Page 3, lines 19-20
Delete "and economically feasible"
Page 4, line 29
Insert after "additional" "economically feasible"
Page 4, lines 30-31
Delete "and economically feasible"
Co-Chair Stedman OBJECTED for the purpose of discussion.
Senator Ellis explained the amendment. He clarified that the
amendment does technically comport and is accurate for the
finance CS. This amendment makes small but important
language changes to the bill. He explained that the current
language requires DEC to impose cruise ship waste water
technologies that are both technologically effective and
economically feasible.
Co-Chair Stedman WITHDREW his OBJECTION. There being NO
OBJECTION, it was so ordered. Amendment 1 was ADOPTED.
10:37:50 AM
Senator Olson asked about infective particles in the
discharge such as living viruses. Representative Harris
asked for clarification of the question. Senator Olson asked
if particles such as living viruses and bacteria are
neutralized. His question was whether these bacteria and
viruses are discharged into the water from the cruise ship.
Mr. Hartig stated that when a cruise ship company applies
for a permit, they must disclose the content of their waste.
The DEC then reviews the application and compares the data
with state water quality standards including provisions to
protect human health. If some portion of the data does not
meet the standard, DEC sets a permit limit or other
conditions that preclude or limit the discharge of that
particular pollutant. A cruise ship's permit includes a list
of prohibitions.
Senator Olson asked about ballast water. Mr. Hartig stated
that ballast water is not addressed in this legislation,
which only concerns water discharged from the ships.
10:40:47 AM
Co-Chair Stedman opened public testimony.
CHIP THOMA, PRESIDENT, RESPONSIBLE CRUISING IN ALASKA,
testified in support of HB 134. He maintained that discharge
from the cruise ships is caustic. He noted that the soap and
other products discharged are the reason for the caustic
discharge. He addressed the six year sunset based on the
year 2009. He compared the difference between the federal
standards and the sunset. He announced that Princess and
Holland America cruise lines have serious problems with the
piping on board the ships. The other cruise ship lines
operating in Alaska are close to achieving full water
quality standards as defined by the 2010 limits. Only
Princess and Holland America have refused to exchange their
pipes, which is the stem root of the problem. He opined that
the sunset could be shorter while remaining effective.
10:44:23 AM
JOE GELDOHOF, LAW OFFICE OF J.W. GELDHOF, testified in
support of HB 134. He noted that he was one of the principle
authors of the initiative that became law in 2006. He
complimented the compromises in this legislation. He opined
that the bill was acceptable to industry and
environmentalists alike.
BRUCE BUSTAMANTE, VICE PRESIDENT, PRINCESS TOURS (testified
via teleconference) in support of HB 134. He commended the
process and the time given to work on the issue with the
science panel. He stated that the point of discharge
component is unfair to the cruise industry. He stated that
the allegations regarding the replacement of copper piping
are not true. The allegations result from accusations that
Princess Cruise Line has older ships and he stated that this
is not true. He stated that the piping on the Princess
cruise ships is comprised of stainless steel and not copper.
10:49:08 AM
JENNIFER GIBBENS, EXECUTIVE DIRECTOR, PRINCE WILLIAM
SOUNDKEEPER, CORDOVA (testified via teleconference), in
support of the legislation. She opined that the sunset
granted was generous. She encounters many citizens concerned
about the clean water issue. She stated that she can view
the issue from both environmental and tourism standpoints.
She opined that the legislation was crafted in a fair and
generous fashion including an important deadline.
10:51:12 AM
SCSCSHB134 was HEARD and HELD in Committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| ACA backup.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 134 |
| 4 9 9 Supplemental.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 113 |
| HB026 Background Materials.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 26 |
| HB026 Sectional Analysis.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 26 |
| HB026 Sponsor Statement.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 26 |
| HB026 Testimony.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 26 |
| Cruise Ship Discharge Assessment Report.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 134 |
| Governor's reponse to Harris 19 March 2009.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 134 |
| Harris letter to governor 11 March 2009.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 134 |
| Hearing Request and Sponsor Statement.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 134 |
| HB134 Letters.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 134 |
| HB 134 Amendment 1 SFC.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 134 |
| SCS CSHB 134 (FIN) Version D.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 134 |
| SFC HB 199 Amendment 1 PA 1.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 199 |
| SFC HB 199 Amendment 2 PA 3.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 199 |
| SFC HB 199 Amendment 3 PA.2.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 199 |
| Timeline by DEC.pdf |
SFIN 4/15/2009 9:00:00 AM |
HB 134 |