Legislature(2021 - 2022)BUTROVICH 205
04/20/2022 03:30 PM Senate RESOURCES
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB180 | |
| SB177 | |
| SB219 | |
| SB227 | |
| SB180 | |
| SB228 | |
| HCR2 | |
| HB54 | |
| Alaska Fisheries Presentation | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 180 | TELECONFERENCED | |
| += | SB 177 | TELECONFERENCED | |
| += | HB 54 | TELECONFERENCED | |
| += | SB 219 | TELECONFERENCED | |
| += | SB 227 | TELECONFERENCED | |
| += | SB 228 | TELECONFERENCED | |
| += | HCR 2 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
SB 180-PASSENGER VESSEL ENVIRONMENTAL COMPLIANCE
3:36:51 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 180
"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; repealing the
commercial passenger vessel recognition program; and providing
for an effective date."
[SB 180 was previously heard on 2/14/22 and 3/18/22.]
3:37:02 PM
CHAIR REVAK solicited a motion to adopt an amendment.
3:37:27 PM
At ease
3:38:36 PM
CHAIR REVAK reconvened the meeting and solicited a motion.
3:38:47 PM
SENATOR KIEHL moved to adopt Amendment 1, work order 32-
GS2493\A.3.
32-GS2493\A.3
Radford
3/23/22
AMENDENT 1
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: SB 180
Page 6, line 13:
Delete "and"
Page 6, line 15, following "passengers":
Insert "; and
(4) help port communities adapt to
increased demand for seasonal wastewater
treatment resulting from wastewater
produced by commercial passenger vessels
and passengers"
3:38:56 PM
CHAIR REVAK objected for discussion purposes.
3:39:02 PM
SENATOR KIEHL explained that Amendment 1 would add a fourth
criterion for weighting grant applications for municipality
wastewater improvements. This would include consideration of
seasonal needs as a result of impacts to communities from cruise
ships. The bill currently contains requirements related to
public health, water quality, and environmental impact, but the
expense of a wastewater treatment facility increases
dramatically with volume. The facility's capacity must be built
for the peak number of toilets flushed. A treatment facility's
wastewater processing capacity is a significant factor to
consider for small towns serving cruise ships.
3:40:12 PM
CHAIR REVAK withdrew his objection; he found no further
objection, and Amendment 1 was adopted.
3:40:34 PM
SENATOR KIEHL moved to adopt Amendment 2, work order 32-
GS2493\A.4.
32-GS2493\A.4
Radford
3/28/22
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: SB 180
Page 1, line 1, following "compliance;":
Insert "relating to ocean rangers;"
Page 3, following line 29:
Insert new bill sections to read:
"* Sec. 9. AS 46.03.476(a) is amended to read:
(a) An owner or operator of a large
commercial passenger vessel entering the marine
waters of the state is required to allow [HAVE]
an ocean ranger hired or retained by the
department on board the vessel to act as an
independent observer for the purpose of
monitoring state and federal requirements
pertaining to marine discharge and pollution
requirements and to ensure [INSURE] that
passengers, crew, and residents at ports are
protected from improper sanitation, health, and
safety practices.
* Sec. 10. AS 46.03.476 is amended by adding a new
subsection to read:
(e) The department shall ensure an ocean
ranger is present on not less than 20 percent of
large commercial passenger vessel voyages in the
marine waters of the state."
Renumber the following bill sections accordingly.
Page 7, line 5:
Delete "46.03.490(7),"
Page 7, line 7:
Delete all material.
Renumber the following bill sections accordingly.
Page 7, lines 15 - 17:
Delete all material.
Renumber the following bill sections accordingly.
Page 7, line 18:
Delete "Sections 18, 20, and 21 of this Act take"
Insert "Section 21 of this Act takes"
Page 7, line 20:
Delete "secs. 21 and 22"
Insert "sec. 22
3:40:37 PM
CHAIR REVAK objected for discussion purposes.
3:40:41 PM
SENATOR KIEHL stated that Amendment 2 would scale back the ocean
ranger program instead of repealing it. He related that the
Alaska Department of Environmental Conservation (DEC) has shore-
based, occasional ride-along observers that provide periodic
checks. The administration strongly argued that an ocean ranger
is unnecessary on every cruise ship coming to Alaska. However,
deleting the Ocean Ranger Program fails to reflect the strong
public sentiment of Alaskans who support this self-funded
program. He explained that DEC would contract to have an ocean
ranger on board 1 in 5 cruise ships sailing in Alaska waters.
3:42:02 PM
SENATOR VON IMHOF asked whether this amendment would change the
fiscal note on the bill.
SENATOR KIEHL offered his belief that Amendment 2 would reduce
the savings because it would not eliminate the Ocean Ranger
Program. He said this program should be able to operate more
cheaply and efficiently than the old program.
3:42:34 PM
CHAIR REVAK maintained his objection.
3:42:39 PM
SENATOR MICCICHE stated that he does not support Amendment 2. He
said he believes in the spirit of the bill, which should deliver
dramatic improvements to commercial passenger vessel performance
regarding water quality. He said he supports other provisions in
the bill that were partially funded by eliminating the Ocean
Ranger Program. He acknowledged that the compliance program
worked and has public support, but the program in SB 180 has the
potential to deliver more enhanced performance.
3:43:37 PM
SENATOR STEVENS commented that the Ocean Ranger Program was
quite successful. He said he views Amendment 2 as a step in the
right direction because it does not eliminate the program
entirely. He spoke in favor of Amendment 2 to have 1 in 5 cruise
ships manned, noting that if it worked out well, the program
could be phased out entirely.
3:44:10 PM
SENATOR KAWASAKI stated that he has an amendment that is similar
to Amendment 2, which would have 1 in 4 cruise ships manned. He
agreed that the Ocean Ranger Program was successful. He
indicated that the department did not provide sufficient
justification to completely eliminate the program. He suggested
that the department could transition into a different system
providing other compliance checks and operational verification
to ensure that cruise vessels are performing the necessary
compliance in state waters. However, he said he did not believe
the program should be eliminated and that he views Amendment 2
as a compromise. He offered his support for Amendment 2.
3:45:08 PM
SENATOR VON IMHOF asked Senator Micciche the reasons ocean
rangers are unnecessary and how the compliance requirements in
SB 180 would be sufficient.
SENATOR MICCICHE deferred to DEC to respond. He said was unsure
whether members understood that DEC's Ocean Ranger Program is
not currently operating. He noted that the program was not
significantly related to water quality compliance.
3:45:51 PM
At ease
3:46:14 PM
CHAIR REVAK reconvened the meeting.
3:46:19 PM
RANDY BATES, Director, Division of Water, Department of
Environmental Conservation, Juneau, Alaska, responded that
Senator Micciche addressed the value of the Ocean Ranger
Program. The program was established in 2006 and served an
important purpose. He explained that ocean rangers observed
activities on the passenger vessels and provided a written
report for DEC. DEC staff would review and evaluate their
observations, but often their observations fell outside DEC's
authority, which is wastewater discharge. Ocean rangers had a
broad checklist of activities, such as observing vessel
cleanliness and reviewing logs. This resulted in DEC evaluating
how it manages its authorities regarding cruise ships and all
industries with wastewater discharges. DEC considered whether
its Ocean Ranger Program provide the department knowledge about
vessel operations. He related that the department believes that
SB 180 appropriately addresses wastewater discharges. The ocean
rangers served a purpose when the program was initiated. He said
the ocean rangers are not inspectors and do not carry badges.
3:48:08 PM
MR. BATES stated that the department does not currently see the
value of the ocean rangers as observational individuals on
cruise vessels. Instead, DEC finds that its inspection protocols
conducted on 100 percent of all vessels early in the cruise ship
season, following up with scheduled and unscheduled inspections,
as necessary. Further, DEC would have ride alongs from port to
port for vessels discharging in state waters. This means DEC
will have someone on board to observe how the discharges occur.
MR. BATES explained that DEC has inspection authority throughout
the vessel, which ocean rangers did not have. He summarized by
stating that ocean rangers provided an important service at the
time, that the department has evaluated their effectiveness and
cost, and developed a viable plan going forward that ensures
that the environment and human health are protected.
3:49:32 PM
SENATOR VON IMHOF asked him to confirm that DEC would
essentially be taking over the Ocean Ranger Program by having
sufficient staff to conduct scheduled and unscheduled
inspections and ride-alongs from port to port on vessels
discharging wastewater.
MR. BATES answered that is correct. He reviewed the DEC
compliance and inspection staff, noting that DEC has one marine
engineer currently and plans to recruit a second one. DEC has
three full-time, dedicated inspection staff and two part-time
positions. He highlighted that DEC has built and bolstered its
program to monitor large and small vessels. He noted that the
ocean rangers never monitored small vessels.
3:50:40 PM
MR. BATES noted that 41 large and 18 small vessels transporting
1.5 million passengers plan to come to Alaska this year. He
stated that DEC looks forward to visiting the cruise ships with
staff that have enforcement authority to inspect vessels,
observe and sample wastewater discharge, and examine their logs
to ensure that everything is operational and adheres to the
engineering plans. He highlighted that DEC is trained to do so.
3:51:15 PM
SENATOR MICCICHE asked when the ocean rangers last operated.
MR. BATES answered that the last time the ocean rangers operated
was in 2019. The Ocean Ranger Program contract expired in 2020,
and DEC did not renew it. He reported that Alaska did not have a
cruise season in 2020. DEC did not contract out in 2021 because
Alaska had a limited season, and DEC's staff could conduct
onboard inspections for all of the vessels.
3:52:14 PM
SENATOR MICCICHE commented that he supports the bill because it
would use the funding for the ocean ranger program to address
water quality more effectively. He highlighted that the water
quality has been exemplary, which is why the state repealed the
zero-mixing zone citizen initiative a few years ago.
SENATOR MICCICHE offered his belief that the bill provides an
opportunity to create a program to help Southeast Alaska
waivered communities, which could significantly impact water
quality. He indicated he would like to see forward motion,
moving away from waivered communities in the future. He offered
his view that the Ocean Ranger Program was a great program that
proved that the state's other programs were working. This bill
will allow DEC to address water quality issues. He said he would
not support Amendment 2.
3:53:36 PM
SENATOR KIEHL stated that he would not get into why the state
does not have a program since the funding is available. He said
this program is ready for an update. The committee acknowledged
the excellent work DEC has done to improve water quality. He
agreed that the ocean rangers did more than observe water
quality. He recapped that a citizen's initiative gave the
program a broader mandate. He said he agrees that the state does
not need to monitor every single vessel, that the state should
use some of the program's funds to do some things better as Mr.
Bates described, and that the bill provides new provisions. He
argued that these changes could occur without entirely repealing
the program. Amendment 2 would continue to reform the Ocean
Ranger Program but not end it altogether.
3:55:24 PM
CHAIR REVAK maintained his objection.
3:55:33 PM
A roll call vote was taken. Senators Stevens, Kiehl, and
Kawasaki voted in favor of Amendment 2, and Senators Micciche,
von Imhof, and Revak voted against it. Therefore, Amendment 2
failed on a 3:3 vote.
CHAIR REVAK stated that on a vote of 3 yeas and 3 nays,
Amendment 2 failed.
3:56:16 PM
SENATOR KAWASAKI stated that two amendments he intended to offer
[work order 32-GS2493\A.1 and 32-GS2493\A.2] would increase the
ocean ranger presence, so he would not be offering them.
3:56:39 PM
CHAIR REVAK solicited a motion.
3:56:43 PM
SENATOR MICCICHE moved to report SB 180, work order 32-GS2493\A,
as amended, from committee with individual recommendations and
attached fiscal note(s).
3:56:55 PM
SENATOR KIEHL objected.
3:57:14 PM
A roll call vote was taken. Senators von Imhof, Micciche, and
Revak voted in favor of reporting SB 180 as amended from
committee, and Senators Stevens, Kiehl, and Kawasaki voted
against it. Therefore, the motion to report SB 180 as amended
from committee failed by a 3:3 vote.
3:57:45 PM
CHAIR REVAK stated that on a vote of 3 yeas and 3 nays, SB 180
failed to be reported from committee.
SB 180-PASSENGER VESSEL ENVIRONMENTAL COMPLIANCE
4:24:50 PM
CHAIR REVAK moved to rescind the previous action taken on SB
180.
[SB 180 failed to move from committee in a roll call vote taken
earlier in the meeting by a vote of 3 yeas and 3 nays.]
4:25:06 PM
CHAIR REVAK asked for a roll call vote.
4:25:10 PM
At ease
4:26:14 PM
CHAIR REVAK reconvened the meeting.
CHAIR REVAK withdrew his motion to rescind; he heard no
objection, and the motion to rescind was withdrawn.
4:26:20 PM
CHAIR REVAK moved to reconsider the vote reporting SB 180, work
order GS2493\A, as amended from committee.
CHAIR REVAK explained that a yes vote would report the bill from
committee, and a no vote would fail to report the bill from
committee.
4:26:40 PM
A roll call vote was taken. Senators Micciche, Bishop, von
Imhof, and Revak voted to report SB 180 from committee, and
Senators Stevens, Kiehl, and Kawasaki voted against it.
Therefore, CSSB 180(RES) was reported from committee on a 4:3
vote.
CHAIR REVAK announced that on a vote of 4 yeas and 3 nays, CSSB
180(RES) was reported from the Senate Resources Standing
Committee.