Legislature(1999 - 2000)
03/27/2000 01:05 PM House RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 266 - MARINE ANTI-FOULING PAINTS Number 0841 CO-CHAIR HUDSON announced that the next order of business would be CS for SENATE BILL NO. 266(RES), "An Act relating to the use of a TBT-based marine antifouling paint or coating on certain vessels; and providing for an effective date." ANNETTE KREITZER, Staff for Senator Loren Leman, Alaska State Legislature, presented CSSB 266(RES) on behalf of Senator Leman, the sponsor. She pointed out that the Alaska State Legislature had outlawed the use of paints based on TBT [tributyltin] in 1987, anticipating the federal Organotin Antifouling Paint Control Act. She explained that Alaska law made exceptions for vessels of the U.S. Government, foreign vessels in state waters fewer than 90 consecutive days, and vessels of 4,000 gross tons or more. The bill [SB 266] phases those exemptions from law effective 2001, putting those vessels in the same class as small [boats] that had to meet the ban in 1987. MS. KREITZER indicated the committee substitute [CSSB 266(RES)] does not allow repainting between 2001 and 2003, when the International Maritime Organization (IMO) ban is expected to take effect. In other words, on the international level there is already a move to ban TBT-based paints from these vessels, but their ban would take effect in 2003; Alaska's stand on SB 266 would just be more aggressive. She noted that the industry's testimony in the Senate was that the January 1, 2001, deadline would still allow companies that have pre-purchased their paint the opportunity to use it; therefore, it would not cause financial hardship. MS. KREITZER pointed out that the Alaska Marine Highway had reported that they do not use TBT-based paint. The Northwest Cruise Ship Association has reported that some of the ships are still using TBT-based paint, but they will be TBT-based-paint- free by the IMO phaseout date of 2003, and also will be able to meet the 2001 deadline set out in SB 266. Contact with Holland America Line/ Westours indicates they use TBT-based paint, but they will be able to meet the IMO deadline. MS. KREITZER indicated Lieutenant Commander John Bingaman would be speaking on behalf of the U.S. Coast Guard. She said that they spoke with Newport Petroleum, a barge line that brings freight into the state, which is TBT-based-paint-free. She further stated that the U.S. Navy does not use TBT-based paint any longer. As for the large oil tankers, ARCO Alaska, Inc. said it would meet the IMO deadline; Exxon said its tankers are already TBT-based-paint-free; and BP Amoco said it isn't using TBT-based paint. She added that Dr. John Kelly, who is a representative to the IMO and of the International Paint Company - which provides TBT-based paint to 50 percent of the world's tonnage - was on teleconference to answer technical questions. Number 1122 REPRESENTATIVE JOULE wondered how [the state] would know if people were in compliance after the deadline. MS. KREITZER indicated that between 2001 and 2003, the enforcement responsibility would be on the Department of Environmental Conservation (DEC). She added that DEC foresees - similar to what the U.S. Coast Guard currently has - that when a ship comes into Alaska waters, certain paperwork will be required to be filled out regarding whether or not TBT-based paint is being used; then a certificate would be issued. CO-CHAIR HUDSON noted that every vessel that leaves the yard is also inspected. Number 1231 JOHN HANSEN, President, Northwest Cruise ship Association (NWCSA), testified via teleconference. He stated that the NWCSA represents the following companies: Holland America, Carnival, Norwegian Cruise lines, Princess, Celebrity, Royal Caribbean, World Explorer and Crystal Cruises. He explained that this summer those companies will operate a total of 22 ships roughly between mid-May and the end of September. These cruise ships operate in a number of different jurisdictions around the world, which means that the safety and environmental standards are agreed upon by the IMO. The IMO has deliberated extensively over the last few years regarding antifouling paints, specifically, the concerns raised over the TBT-based paints. He indicated that the companies that the NWCSA represents agree and comply with the IMO regulations involving the gradual replacement of TBT-based paint. He noted that the January 1, 2001, deadline should not be a problem. He added that they [NWCSA] support CSSB 266(RES). CO-CHAIR HUDSON wondered if Canadian law restricts the use of TBT-based paint at the present time. MR. HANSEN indicated that at the present time he does not believe there is a restriction, but the IMO restrictions apply in Canadian waters as well. REPRESENTATIVE COWDERY wondered about the new products that have come out, such as trilux (ph). MR. HANSEN explained that approximately half of the cruise ships in Alaska do not use TBT-based paint. REPRESENTATIVE COWDERY wondered how often the bottoms of cruise ships must be repainted. MR. HANSEN replied, "Once every three years." CO-CHAIR HUDSON wondered if they can paint over the TBT-based paint with the newer restrictive paints. MR. HANSEN replied that there are paints that will paint satisfactorily over TBT-based paint. Number 1630 JOHN KELLY, Technical Director, International Paints, testified via teleconference. He indicated that all antifouling paints used in Canada and in the United States have to be registered. At the moment, the Canadian and United States regulations allow tributyltin antifouling paints that have a particular low release rate; the trilux (ph) antifouling [paint] does release copper into the water, but all the antifouling [paints] used in Alaska are registered with the U.S. Environmental Protection Agency (EPA) and with the State of Alaska. The proposal, with regard to the IMO regulations, is that as of January 1, 2003, there will be no tributyltin applications allowed. He added that there is also supposed to be a five-year period for those vessels that still have the tributyltin on, to get the life out of the tributyltin; however, by January 1, 2008, there should be no exposed tributyltin on those vessels. Mr. Kelly also indicated support for SB 266. [Lieutenant Commander John Bingaman came forward and offered to answer questions.] Number 1886 REPRESENTATIVE COWDERY made a motion to move CSSB 266(RES) from committee with individual recommendations and attached zero fiscal note. There being no objection, CSSB 266(RES) moved from the House Resources Standing Committee.
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