03/05/2003 03:30 PM Senate RES

         SB 74-DISCHARGE PREVENTION & CONTINGENCY PLANS                                                                     
                                                                                                                              
CHAIR OGAN  reminded members  that SB  74 was  heard at  the last                                                               
meeting and that an amendment is pending.                                                                                       
                                                                                                                                
SENATOR  SEEKINS moved  to withdraw  his motion  to amend  SB 74.                                                               
There being no objection, the motion carried.                                                                                   
                                                                                                                                
SENATOR  SEEKINS  moved to  adopt  Amendment  2, which  reads  as                                                               
follows:                                                                                                                        
                                                                                                                                
                          AMENDMENT 2                                                                                         
                                                                                                                                
OFFERED IN THE SENATE RESOURCES              BY SENATOR SEEKINS                                                                 
     COMMITTEE                                                                                                                  
                                                                                                                                
     TO:  SB 74                                                                                                                 
                                                                                                                                
Page 1, following line 10:                                                                                                      
     Insert a new bill section to read:                                                                                         
     ** Sec. 2  The uncodified law of the State of Alaska is                                                                    
amended by adding a new section to read:                                                                                        
     TRANSITION.  Notwithstanding any contrary provision of AS                                                                  
46.04, including the  review procedures in AS  46.04.030, and the                                                               
regulations adopted  under AS  46.04, the  expiration date  of an                                                               
oil  discharge prevention  and contingency  plan approved  by the                                                               
Department  of Environmental  Conservation  before the  effective                                                               
date  of this  Act shall  be  extended for  two years,  or for  a                                                               
shorter period if a shorter period  is requested by the holder of                                                               
the approved plan, if                                                                                                           
          (1)  the plan is still in effect on the day before the                                                                
effective date of this Act; and                                                                                                 
          (2)  the Department of Environmental Conservation has                                                                 
not given a notice of violation  of AS 46.04.030 to the holder of                                                               
the plan that  has not been corrected to the  satisfaction of the                                                               
Department of Environmental Conservation.                                                                                       
                                                                                                                                
Renumber remaining sections accordingly.                                                                                        
                                                                                                                                
SENATOR  LINCOLN   objected  for   the  purpose  of   hearing  an                                                               
explanation of Amendment 2.                                                                                                     
                                                                                                                                
SENATOR SEEKINS explained that Amendment  2 allows a holder of an                                                               
approved plan to  request an extension for a period  of less than                                                               
two years.                                                                                                                      
                                                                                                                                
CHAIR OGAN  noted that several  people were available  to testify                                                               
or  answer  questions on  Amendment  2:  Larry Dietrick,  Marilyn                                                               
Crockett, and Breck Tostevin.                                                                                                   
                                                                                                                                
SENATOR  LINCOLN removed  her objection.  Therefore, Amendment  2                                                               
was adopted.                                                                                                                    
                                                                                                                                
CHAIR OGAN took public testimony.                                                                                               
                                                                                                                                
MS.  MARILYN CROCKETT,  Alaska Oil  and  Gas Association,  stated                                                               
support for Amendment 2.                                                                                                        
                                                                                                                                
SENATOR  DYSON  moved  SB  74  as  amended  [CSSB  74(RES)]  from                                                               
committee with attached fiscal notes.                                                                                           
                                                                                                                                
SENATOR LINCOLN objected to ask  if this legislation will next go                                                               
to the Senate floor.                                                                                                            
                                                                                                                                
CHAIR OGAN  said that  it has  a zero  fiscal note  so it  has no                                                               
further referrals, but that the other body will review it.                                                                      
                                                                                                                                
SENATOR LINCOLN  felt that since  the Senate  Resources Committee                                                               
is the  only committee  of referral,  it should  do the  best job                                                               
possible on this legislation.                                                                                                   
                                                                                                                                
CHAIR OGAN replied,  "For the record I think we  have. We held it                                                               
up a week and  a half and we worked out a  good compromise on the                                                               
amendment. Some questions were addressed."                                                                                      
                                                                                                                                
SENATOR LINCOLN  said Amendment 2  was a good compromise  but she                                                               
still has concerns. She then withdrew her objection.                                                                            
                                                                                                                                
CHAIR OGAN  stated that with  no further objection,  CSSB 74(RES)                                                               
moved from committee.