Legislature(1999 - 2000)

04/26/2000 06:00 PM House 001

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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             SCR  1-MOTORIZED OIL TRANSPORT TASK FORCE                                                                      
                                                                                                                              
CO-CHAIR SENATOR DRUE PEARCE called the Conference Committee on SCR
1 to order at 6:00 p.m.  Present were Senators Pearce, Torgerson,                                                               
and Ellis and Representatives Barnes, Phillips and Kerttula.                                                                    
                                                                                                                                
CO-CHAIR PEARCE announced that a proposed conference committee                                                                  
substitute for SCR 1 (labeled Version M) was before conferees.                                                                  
                                                                                                                                
CO-CHAIR Barnes moved to adopt Version M as the conference                                                                      
committee substitute.                                                                                                           
                                                                                                                                
There being no objection, CO-CHAIR PEARCE announced that Version M                                                              
was adopted.                                                                                                                    
                                                                                                                                
CO-CHAIR PEARCE explained the changes from the House version of SCR
1 as follows.                                                                                                                   
                                                                                                                                
     On page 2,  line 1, rather than designating a  specified number                                                            
     of  members, CCS  SCR 1  creates a  task force  composed of  an                                                            
     unspecified number of members.                                                                                             
                                                                                                                                
     Subsection 12 was  added which allows for other participants as                                                            
     may  be agreed  to by  the commissioner  of  the Department  of                                                            
     Environmental  Conservation (DEC) and Senate  and House members                                                            
     of the task force.   Inadvertently, no representatives from the                                                            
     fishing  industry  or local governments  were  included.   They                                                            
     may, or may not, wish to be a part of the group.                                                                           
                                                                                                                                
     Certain  resolve clauses  that referred  to achieving  response                                                            
     planning   were   deleted   because   those   references   were                                                            
     incorporated into SB 273.                                                                                                  
                                                                                                                                
     Subsection  (1) was changed to  give DEC the burden  of showing                                                            
     why the response planning  standard cannot be implemented using                                                            
     containment  equipment that is  readily available for  purchase                                                            
     in the market.                                                                                                             
                                                                                                                                
     Subsection  (2) was rewritten  and now speaks to the  practical                                                            
     measures  used to implement  the standard  West of 157  degrees                                                            
     longitude  or  North  of  62  degrees  latitude.   Alternative                                                             
     compliance  measures will  be necessary  in far Western  Alaska                                                            
     waters.                                                                                                                    
                                                                                                                                
     Subsection  (3) is new: it directs the task force  to recommend                                                            
     and report  on the use of fleet  plans, vessel agents,  generic                                                            
     contingency  plans,  etc.,  that will  help meet  the  response                                                            
     planning standard.                                                                                                         
                                                                                                                                
     Subsection  (4) requires  that  the task  force report  include                                                            
      inspections measures to be included in the regulations.                                                                   
                                                                                                                                
REPRESENTATIVE  PHILLIPS asked  if drills and  exercises need  to be                                                            
identified separately.                                                                                                          
                                                                                                                                
CO-CHAIR  PEARCE explained  that  the contingency  planning  process                                                            
includes drills  and exercises as part of the statute  so a specific                                                            
reference is unnecessary.                                                                                                       
                                                                                                                                
REPRESENTATIVE KERTTULA  said the language in subsection (1) on page                                                            
3 is confusing but it is  her understanding that the task force will                                                            
be able  to look at all  of the ways that  tankers and the  railroad                                                            
can achieve their  contingency plans so that they  will not be stuck                                                            
trying to prove a negative.                                                                                                     
                                                                                                                                
CO-CHAIR  PEARCE  agreed  but  noted  the task  force  will  not  be                                                            
revisiting contingency plans for tankers.                                                                                       
                                                                                                                                
REPRESENTATIVE KERTTULA said she meant non-tankers.                                                                             
                                                                                                                                
CO-CHAIR PEARCE  stated an ongoing  concern has been expressed  that                                                            
as part  of meeting  the planning  standards,  the contingency  plan                                                            
holders are  going to have  to purchase a  tremendous amount  of new                                                            
equipment.    She  disagrees  and  maintains   that  the  amount  of                                                            
equipment in place is probably  sufficient, if not overly so in some                                                            
cases.   She expects the  costs to go down  in terms of maintaining                                                             
that equipment.   For example,  Cook Inlet  shippers do not  want to                                                            
see a task  force come back and recommend  an escort vessel  be used                                                            
in Cook Inlet for the cargo  carriers.  She said she does not expect                                                            
to see that happen.                                                                                                             
                                                                                                                                
REPRESENTATIVE PHILLIPS suggested including a due date for the                                                                  
submittal of the task force report in the last "further resolved"                                                               
clause.                                                                                                                         
                                                                                                                                
CO-CHAIR PEARCE noted the due date for the report is included in                                                                
the bill on page 3, line 15.                                                                                                    
                                                                                                                                
There being no further discussion, CO-CHAIR BARNES moved to adopt                                                               
the conference committee report for SCR 1.                                                                                      
                                                                                                                                
CO-CHAIR PEARCE announced that, with no objection, the motion                                                                   
carried.  She pointed out that a new zero fiscal note is                                                                        
forthcoming from the conference committee.                                                                                      

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