Legislature(2021 - 2022)BUTROVICH 205
04/20/2022 03:30 PM Senate RESOURCES
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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.