04/24/2007 01:30 PM House FINANCE

HOUSE BILL NO. 164                                                                                                            
                                                                                                                                
     "An  Act relating  to reporting  of  vessel location  by                                                                   
     certain  commercial passenger  vessels operating  in the                                                                   
     marine  waters of  the state,  to access  to vessels  by                                                                   
     licensed  marine engineers  for  purposes of  monitoring                                                                   
     compliance with  state and federal requirements,  and to                                                                   
     the  obligations  of those  engineers  while aboard  the                                                                   
     vessels; and providing for an effective date."                                                                             
                                                                                                                                
REPRESENTATIVE   KYLE   JOHANSEN,   Sponsor   explained   the                                                                   
legislation.   He reported that the Alaska  Constitution sets                                                                   
up a system of  checks and balances so no group  has absolute                                                                   
power.   These  apply to  the initiative  process in  several                                                                   
ways: the  legislature's power  to amend initiatives  and the                                                                   
legislature's  power to  control  expenditures  of the  state                                                                   
money,  make  changes  to  the   initiative,  and  decide  on                                                                   
expenditures.                                                                                                                   
                                                                                                                                
Representative  Johansen related  some of  the facts  brought                                                                   
out  in previous  committees.    The  cruise ship  fleet  has                                                                   
radically changed  since April  2003 when the  initiative was                                                                   
initially  filed.   Only two  ships  had advanced  wastewater                                                                   
treatment systems.   Today 24  out of 29 ships  have advanced                                                                   
wastewater  treatment systems,  which future  ships will  all                                                                   
have.   The Coast  Guard determined  that the discharge  from                                                                   
these systems is so clean it can  be released 24 hours a day,                                                                   
even in port.   The Department of Environmental  Conservation                                                                   
(DEC) testing  showed that the  effluent presents no  harm to                                                                   
humans or to the environment.                                                                                                   
                                                                                                                                
Representative Johansen reported  that there currently exists                                                                   
trained, independent contractors  and monitoring systems from                                                                   
DEC,  EPA, and  the  Coast Guard  on board  the  ships.   DEC                                                                   
maintains that the current system  works and does not need to                                                                   
be  supplemented by  the  Ocean Ranger  program.   The  state                                                                   
currently spends  about $500,000  on monitoring  programs and                                                                   
the  Ocean Ranger  program would  increase  this spending  by                                                                   
"several 100 percent".                                                                                                          
                                                                                                                                
Representative Johansen addressed  a change to the initiative                                                                   
which  replaces   the  requirement  that  Ocean   Rangers  be                                                                   
licensed certified  marine engineers.  Instead,  they will be                                                                   
required  to be  level  III wastewater  treatment  operators.                                                                   
Also, the  commissioner of DEC  now has the discretion  as to                                                                   
how to implement  the initiative and when to  place the Ocean                                                                   
Rangers on the vessels in Alaskan waters.                                                                                       
                                                                                                                                
Representative  Johansen  related  that  the  intent  of  the                                                                   
initiative has  been maintained, keeping safety  and costs in                                                                   
mind.   A  balance  has been  struck between  being  fiscally                                                                   
responsible and  getting the Ocean  Rangers on board  as soon                                                                   
as possible.                                                                                                                    
                                                                                                                                
3:36:37 PM                                                                                                                    
                                                                                                                                
Vice  Chair  Stoltze asked  about  a  requirement to  have  a                                                                   
marine engineer  on board.  Representative  Johansen reported                                                                   
that the initiative language specified  that a U.S. certified                                                                   
Coast  Guard  marine  engineer  be on  board,  however,  that                                                                   
person would not be a professional  in wastewater management.                                                                   
There  was concern  that  marine  engineers from  the  Alaska                                                                   
Marine Highway  System would  be taken  to fill Ocean  Ranger                                                                   
spots.  He maintained that professional  wastewater treatment                                                                   
specialists need to be on board the cruise ships.                                                                               
                                                                                                                                
Vice  Chair Stoltze  noted that  there was  little debate  on                                                                   
this  issue during  the  election.   Representative  Johansen                                                                   
reported that  one of the  initiative sponsors works  for the                                                                   
union representing the Alaska  Marine Highway.  He offered to                                                                   
provide previous  testimony as to the availability  of marine                                                                   
engineers.                                                                                                                      
                                                                                                                                
3:39:10 PM                                                                                                                    
                                                                                                                                
Representative Kelly summarized  that the commissioner of DEC                                                                   
would have the  discretion to make decisions  regarding Ocean                                                                   
Rangers,  including at  sea.    Representative Johansen  said                                                                   
that is correct.   He envisioned putting Ocean  Rangers on in                                                                   
Juneau, Ketchikan,  or Sitka because  of current  DEC support                                                                   
in those locations.  Representative  Kelly concluded that the                                                                   
commissioner has flexibility in  carrying out the initiative.                                                                   
                                                                                                                                
CSHB 164 (JUD) was heard and HELD in Committee for further                                                                      
consideration.