Legislature(2003 - 2004)
04/30/2004 03:30 PM Senate RES
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* first hearing in first committee of referral
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HB 522-SMALL CRUISE SHIP DISCHARGES
CHAIR SCOTT OGAN called the Senate Resources Standing Committee
meeting to order at 3:30 p.m. Present were Senators Thomas
Wagoner, Ben Stevens, Fred Dyson, Kim Elton and Chair Scott
Ogan. The first order of business to come before the committee
was HB 522 am.
MS. LINDA SYLVESTER, staff to Representative Bruce Weyhrauch,
sponsor, related that in 2001 the Alaska Legislature enacted the
Commercial Vessel Environmental Complaints Program to solve
concerns over cruise ship and state ferry discharges into
Alaskan waters. Since then, most cruise ships discharging into
Alaskan waters have installed advanced wastewater treatment
systems, which has dramatically improved water quality
samplings. Small cruise vessels are required to comply with the
same standards for the larger vessels, even though they
contribute approximately only 3 percent of the wastewater
discharge.
The assumption was made that the environmental technologies
invented by the large cruise ships would filter down to the
small vessels, which were given a period of time to comply; and
that has now expired. Technology that was invented for the large
vessels doesn't work with the smaller vessels. The Department of
Environmental Conservation (DEC) and the small vessel
organization worked together to come up with an alternative so
that small vessels would not be forced to retrofit with large
holding wastewater tanks. The plan is flexible enough for the
department and vessels to check back with each other every three
years to come up with a new plan to utilize new technology that
doesn't require massive retrofitting.
MR. DAN EASTON, Director, Division of Water, Department of
Environmental Conservation (DEC), related that it's clear that
this legislation refers to just small vessels carrying between
50 to 250 passengers. It was hoped in 2001 that some of the
larger treatment technologies could be scaled down and made to
work on the smaller vessels, which hasn't happened. Small
vessels are now required to add technology that doesn't exist or
add tankage. The problem arises only at anchor, because vessels
can either hold their discharge until they are under way or add
tankage. This bill would add another option limiting discharges
either to volume, time, or to certain locations.
CHAIR OGAN asked if any ships were built after the last law was
passed in reference to January 1, 2004 in section 6.
MR. EASTON replied that he didn't know the answer.
SENATOR BEN STEVENS asked if the owner providing evidence of a
change in its treatment system would trigger a stability test -
in reference to lines 21 - 24.
MR. EASTON replied that the department didn't envision this
situation happening very much.
We were really going to focus on management practices
and non-structural changes.... There was a belief on
the part of the drafters that there would be some sort
of firm guideline.
SENATOR STEVENS asked when the guidelines would be adopted.
MR. EASTON replied that the bill has no time frame, but he
intends to start immediately.
SENATOR STEVENS asked him to explain the year 2016 timeframe in
sections 3, 5, 8, 10, 12 and 13.
MR. EASTON replied that those sections eliminate the wording
that hasn't worked and adds the new provision on best management
practices for small vessels until 2016.
MS. SYLVESTER explained that the plan for best management
practices is reviewed every three years, but goes away in 2015.
The date mirrors what the industry felt is the useful life of
the vessels. It is also an estimate of when the better
technology will be readily available and when new boats will be
replacing the older ones.
MR. BRYCE BROCKWAY, Vice President, Marine Hotel and Technical
Operations, Cruise West, said they operate six of the smaller
vessels ranging in size from 74 passengers up to 114.
CHAIR OGAN asked if any keels had been laid between the time the
last bill had been passed and now. He wanted to know who was
exempt from the language.
MR. BROCKWAY replied that Cruise West hadn't laid any more new
keels; but America West had laid one and plans to operate in
Alaska. He also informed the committee that some municipalities
don't want to introduce seawater into their systems and seawater
is used as a flushing mechanism in their systems.
MR. DAVID BERG, President, Viking Travel Agency, said that the
small ships are important to the economy of Petersburg and urged
passage of HB 522.
CAPTAIN MICHAEL JONES, Director, Marine Operations, Linblad
Expeditions, said it belongs to the Small Cruise Vessel
Association that is representing Cruise West and has been
operating in Alaska since 1982. In 1989 it purchased two vessels
that are 152 ft. long and carry 70 passengers and 24 crew. He
supported the best management practices in HB 522.
MR. JOHN WATERHOUSE, Elliot Bay Design Group, Seattle, said he
would answer questions on wastewater design issues, but there
were none.
SENATOR THOMAS WAGONER moved to pass HB 522 am from committee
with individual recommendations and attached fiscal note. There
were no objections and it was so ordered.
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