Legislature(2023 - 2024)BARNES 124
04/23/2024 01:00 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB217 | |
| HB332 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 233 | TELECONFERENCED | |
| *+ | HB 217 | TELECONFERENCED | |
| += | HB 332 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 217-COMM PSSG VESSEL ENVIRONMENTAL COMPLIANCE
1:07:03 PM
CHAIR MCCABE announced that the first order of business would be
HOUSE BILL NO. 217, "An Act relating to commercial passenger
vessel environmental compliance; relating to commercial
passenger vessel fees; establishing the wastewater
infrastructure grant fund; repealing the authority for citizens'
suits relating to commercial passenger vessel environmental
compliance; and providing for an effective date."
1:07:26 PM
EMMA POKON, Commissioner-Designee, Department of Environmental
Conservation (DEC), introduced HB 217 on behalf of the bill
sponsor, House Rules by request of the governor. She noted the
good conversations and feedback that took place regarding the
bill during the interim, and that she had heard residents'
concerns about compliance and the need for a credible regulatory
program. She briefly summarized DEC's efforts that are
currently underway. She reminded the public that the report
submitted to the legislature is available online. She opined
that there are advantages to DEC's approach that include the
direct interaction of DEC's compliance enforcement staff with
vessel officials. She noted the different types of training
that took place in various areas. From a financial perspective,
she explained that there is money accrued that could be used for
the benefit of port communities in connection with the vessels.
She said she supported the potentials and infrastructure
proposals and noted possible modifications.
1:13:27 PM
REPRESENTATIVE STUTES asked who provided the training.
COMMISSIONER-DESIGNEE POKON replied that much of the training is
provided in-house at DEC or through attending conferences.
REPRESENTATIVE STUTES inquired what the anticipated timeframe is
for the training.
COMMISSIONER-DESIGNEE POKON noted that she had a training
schedule from her staff that outlined a number of items and
occurs over the course of a year. She offered to defer the
question to the division director.
REPRESENTATIVE STUTES observed it [the training] was quite
extensive.
1:15:10 PM
REPRESENTATIVE VANCE brought up a fee of $5 per berth and asked
what the current fee was.
COMMISSIONER-DESIGNEE POKON stated that the berth fee is a
simplification of a fee matrix and currently DEC receives a $4
per berth fee for ocean rangers, and the size of other vessels
comes into play as well which averages to $5.
REPRESENTATIVE VANCE referred to Section 10 of the bill and
sought an understanding of the current passenger vessel fees
presented in the bill related to the small commercial passenger
vessels and how often the fees are assessed.
COMMISSIONER-DESIGNEE POKON responded that a small vessel is 249
passenger berths or smaller, and the fee inquiry may be better
addressed by Gene McCabe.
1:17:28 PM
GENE MCCABE, Acting Director, Division of Water, Department of
Environmental Conservation, replied that the fees are assessed
as per voyage, and the fee is simplified and rolled into $5 per
berth, per voyage.
1:19:15 PM
COMMISSIONER-DESIGNEE POKON pointed out Section 19 in the bill,
and that the provision in Section 10 would be repealed with a
delayed effective date.
REPRESENTATIVE VANCE referred to Section 11 which stated that
the commissioner may jointly set a fee on all commercial
passenger vessels operated by the state, and she offered her
assumption it is under regulation. She asked for an idea of
what it is going to look like.
COMMISSIONER-DESIGNEE POKON replied that the concept is in
current statute and this a "clean up" of the current language.
The fees set up on ferries have long been negotiated between DEC
and the Department of Transportation and Public Facilities
(DOT&PF) and there is no intent to change that practice.
1:20:50 PM
CHAIR MCCABE asked for clarification there are currently both
ocean rangers and inspectors.
COMMISSIONER-DESIGNEE POKON stated that DEC was only
implementing inspectors.
CHAIR MCCABE asked for a description of how the inspectors work.
COMMISSIONER-DESIGNEE POKON replied that the current practice
included large vessels and only import inspections.
CHAIR MCCABE pointed out that most of the big cruise ships are
containing their sewage and he questioned how many big ships
would start to create a concern.
COMMISSIONER-DESIGNEE POKON answered that the large vessels do
not discharge while in port and some vessels do not discharge in
state water at all.
CHAIR MCCABE remarked that the discharge means that it is
"treated" and not raw waste.
COMMISSIONER-DESIGNEE POKON confirmed that was correct.
1:24:40 PM
REPRESENTATIVE VANCE inquired about the wastewater
infrastructure grant fund and where the startup money was coming
from.
COMMISSIONER-DESIGNEE POKON replied that there was approximately
$11 million accrued in the Ocean Ranger fund that had not been
appropriated, and that she expected the modified program would
be less expensive and since the bill was brought forward, there
are proposals to use the funds as direct appropriation.
REPRESENTATIVE VANCE asked whether it was the intent to have the
$11 million fund the inspector positions.
COMMISSIONER-DESIGNEE POKON affirmed that was correct and that
the fund is in excess of what is needed to implement the
inspector program.
REPRESENTATIVE VANCE commented on the grants available for
municipalities trying to do preventative maintenance and address
wastewater issues, and she asked whether there have been
conversations with municipalities about their needs.
COMMISSIONER-DESIGNEE POKON replied that it depended on the
community, as they have different challenges.
REPRESENTATIVE VANCE mentioned some communities have very old
infrastructures, and she questioned what the need was within the
department to fairly administer grants to prevent lawsuits and
to keep grants ongoing as the cruise ship industry advanced.
1:30:11 PM
COMMISSIONER-DESIGNEE POKON replied that grants and loans are
something that DEC had in their portfolio for their facilities
program, and she offered her opinion that the amount of money
would not be an entire solution for all the communities that
need upgrades.
1:31:15 PM
CHAIR MCCABE announced that HB 217 was held over.