Legislature(2013 - 2014)BUTROVICH 205
04/09/2013 04:00 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB131 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 131 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
April 9, 2013
4:02 p.m.
MEMBERS PRESENT
Senator Peter Micciche, Chair
Senator Cathy Giessel, Vice Chair
Senator Dennis Egan
MEMBERS ABSENT
Senator Click Bishop
Senator Lyman Hoffman
OTHER LEGISLATORS PRESENT
Representative Paul Seaton
COMMITTEE CALENDAR
HOUSE BILL NO. 131
"An Act relating to abandoned and derelict vessels."
- MOVED HB 131 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 131
SHORT TITLE: ABANDONED AND DERELICT VESSELS
SPONSOR(s): REPRESENTATIVE(s) SEATON
02/20/13 (H) READ THE FIRST TIME - REFERRALS
02/20/13 (H) CRA, TRA
03/14/13 (H) CRA RPT 4DP
03/14/13 (H) DP: REINBOLD, OLSON, NAGEAK, LEDOUX
03/14/13 (H) CRA AT 8:00 AM BARNES 124
03/14/13 (H) Moved Out of Committee
03/14/13 (H) MINUTE(CRA)
03/21/13 (H) TRA AT 1:00 PM BARNES 124
03/21/13 (H) Moved Out of Committee
03/21/13 (H) MINUTE(TRA)
03/22/13 (H) TRA RPT 6DP
03/22/13 (H) DP: LYNN, FEIGE, ISAACSON, GATTIS,
KREISS-TOMKINS, P.WILSON
04/05/13 (H) TRANSMITTED TO (S)
04/05/13 (H) VERSION: HB 131
04/06/13 (S) READ THE FIRST TIME - REFERRALS
04/06/13 (S) CRA
04/09/13 (S) CRA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
REPRESENTATIVE PAUL SEATON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 131.
JOY BAKER, Harbormaster
City of Nome Port Facility
Nome, Alaska
POSITION STATEMENT: Supports HB 131.
CARL UKATEL, Port Director
Docks and Harbors-City and Borough of Juneau, and
Vice President
Alaska Association of Harbormasters and Port Administrators
Juneau, Alaska
POSITION STATEMENT: Supports HB 131.
MICHAEL LUKSHIN, State Ports & Harbors Engineer
Alaska Department of Transportation & Public Facilities
Juneau, Alaska
POSITION STATEMENT: Supports HB 131
RACHEL LORD, Outreach & Monitoring Coordinator
Cook Inletkeeper, and
Statewide Coordinator
Alaska Clean Harbors Program
Homer, Alaska
POSITION STATEMENT: Supports HB 131.
BRYAN HAWKINS, Port Director/Harbormaster
Port & Harbor-City of Homer
Homer, Alaska
POSITION STATEMENT: Supports HB 131.
ACTION NARRATIVE
4:02:42 PM
CHAIR PETER MICCICHE called the Senate Community and Regional
Affairs Standing Committee meeting to order at 4:02 p.m. Present
at the call to order were Senators Egan, Vice-Chair Giessel, and
Chair Micciche.
HB 131-ABANDONED AND DERELICT VESSELS
4:03:16 PM
CHAIR MICCICHE announced that the order of business was a
hearing on HB 131, an Act related to abandoned and derelict
vessels, sponsored by Representative Paul Seaton.
4:03:30 PM
REPRESENTATIVE PAUL SEATON, Alaska State Legislature, sponsor of
HB 131, explained that the bill was primarily based on a
resolution that was passed by the Alaska Association of
Harbormasters and Port Administrators (AAHPA). He explained that
AAHPA was an organization of port directors from around the
state that encompassed most of the municipal harbors. He said he
would show the committee the problems associated with abandoned
and derelict vessels with a slide show.
REPRESENTATIVE SEATON addressed slides of various derelict
vessels as follows:
· Cordova Harbor, 117' landing craft that sank, it was two
years before all the logistics and legal impediments could
be contained and it cost over $1.2 million by the time it
was over.
· Valdez Harbor, noted the difficulties involved with
recoveries due to oil onboard.
· Wintertime sinking, typical in many coves throughout Alaska
where people have a boat that had gotten old and was
abandoned.
· Bethel area, an abandoned barge on a river.
· Interior Alaska river, a converted vessel from commercial
to houseboat. He noted that typically when a boat is
converted to a houseboat, the resident does not have the
resources for upkeep and pretty soon it becomes a derelict
vessel.
· Bethel area, multiple abandoned barges that were old and
abandoned. He said the abandoned barges become not only a
problem for eye-sores, but one vessel's fuel contaminated a
village's water supply.
· Kachemak Bay, right across from Homer, two vessels sank
with $250,000 spent to pull the vessels out during the
winter. He explained that fuel had to be recovered and the
vessels hauled ashore for disposal.
· Abandoned vessel that had become a navigational hazard. He
noted that with just one buoy, the vessel could be missed
at night.
· Abandoned vessel with an aircraft on top, he called it an
"Alaska aircraft carrier."
4:07:23 PM
REPRESENTATIVE SEATON explained that part of the problem was the
dual authority between the Alaska Department of Natural
Resources (DNR) and the Department of Transportation & Public
Facilities (DOT&PF). He explained that DNR had authority to
manage the waters, but DOT&PF had harbor authority for derelict
vessels.
REPRESENTATIVE SEATON said HB 131 addresses a very costly and
growing problem with abandoned and derelict vessels. He noted
that a large number of vessels had gone out of commercial-
service from barge transportation or due to the consolidation of
the fisheries in the North Pacific. He explained that a lot of
boats were retired from the fisheries and sold to people as
live-aboards. He declared that the problem with live-aboards is
that people buy the retired boats without the financial
stability and wherewithal to maintain them.
He explained that harbors were originally state-harbors. He
detailed that DOT&PF received the authority to deal with
abandoned and derelict vessels, but the DNR controlled the lands
and waters. He disclosed that DOT&PF's responsibility and
authority ultimately did not exist. He explained that over the
past 20 years, most harbors were transferred to municipalities,
but the authority had not been transferred from DOT&PF to the
municipalities. He disclosed that the end result with harbors
has placed municipalities in limbo when dealing with abandoned
and derelict vessels.
4:09:52 PM
REPRESENTATIVE SEATON reviewed the sectional analysis of HB 131
as follows:
· Section 1, maintains that a person may not store a
derelict vessel or abandoned vessel in the waters of
the state, that is out to the three mile limit, a
state or municipal port, or private property without
consent.
· Section 2, hazardous derelict vessel may be removed
from the state by a state agency, a municipality, or
peace officer.
· Section 3, if a vessel is denied entrance into a
harbor, all of the hazardous materials and petroleum
products must be removed from the vessel before it is
stored for over 14 days in state waters.
REPRESENTATIVE SEATON explained that Section 3 addresses what
happened during the Jakolof Bay situation where two boats were
denied entrance into the Homer Harbor because they were in
unsound and unfit condition. He continued that the two boats
ultimately were taken across [Kachemak Bay] and anchored in
Jakolof Bay. He stated that if there was no fuel onboard, the
owner could have returned in the spring and handled the
situation, but the Coast Guard had to be involved with $250,000
spent on the operation. He explained the situation of having the
vessel in DOT&PF's hands, anchored on DNR waters, and the need
for a memorandum of understanding between the agencies in order
to return the boats to Homer for storage. He detailed that the
DNR still has the liability for the vessels because they placed
them in private ownership storage and guaranteed responsibility
at the facility.
REPRESENTATIVE SEATON continued the sectional analysis as
follows:
· Section 4, vessel left unattended for 30 consecutive
days on state or private property without consent, may
be removed and disposed of by either state agency or
municipality, or peace officer.
· Section 5, outside of organized municipalities, a
vessel may be left unattended for more 30 consecutive
days if it is considered an acceptable local practice.
We wanted to make sure that people come in with their
skin-boats or boats on the river systems; they turn
them upside down and store them. We wanted to make
sure we did not have an unintended consequence of
making something illegal which was a common practice
for vessels that would be used.
· Section 6, on taking a vessel into custody, the
municipality or state agency must attempt to notify
the owners of record, 20 days prior to repossession of
the vessel. A lot of times the problem is that the
numbers are gone, the records are off, and the owner
of record just cannot be found at all.
· [Section 7 was not addressed.]
· Section 8, a public auction for a repossessed vessel
is not needed if the appraised value is less than
$100. The appraisal would have to be done by someone
that can do appraisals. If it is less than $100, there
can be an advertisement in the paper for general
circulation.
4:13:19 PM
SENATOR MICCICHE addressed Section 5 regarding the barges in
Bethel and asked at what point, even if it was customary, was it
determined that something had to be done when it was obvious the
owner was not coming back.
REPRESENTATIVE SEATON answered that the situation in Bethel
would be outside of the municipality and would be the state's
obligation. He said the problem was the state really had no
authority and noted a 14 day limit could be assessed, but with
no penalty or real authority for taking possession and disposing
of the abandoned vessels. He concluded that determination would
ultimately be done by either a peace officer, state agency, or a
municipality.
SENATOR MICCICHE asked if someone did not come back for a season
with the vessel falling into disrepair and ultimately abandoned,
at what point would the state deal with the vessel.
REPRESENTATIVE SEATON replied that the state could deal with the
vessel at that point in time. He said the problem has been
getting the authority to deal with it because it was not
specifically laid out in statute.
REPRESENTATIVE SEATON continued to review Sections 9-14 as
follows:
· Section 9, a bill of sale is required for any
transfers, so if someone wants to sell one of these
vessels at auction, there has to be a bill of sale.
You cannot just say you are giving it to "John" and he
is now responsible for it.
· Section 10, a vessel is considered derelict if it is
left unattended for 24 consecutive hours under the
following conditions: is sunk, sinking, or posing a
threat, or has been moored or left in state waters
illegally with no current registration and the owner
cannot be determined. I think that goes to some of
your questions Mr. Chairman.
· Section 11, when a municipality or state agency or
peace officer takes possession of the derelict they
must publish a notice of the intended disposition,
post notice, and serve the registered owners if they
are known, or the financiers with notice if there is
financial backers.
· Section 12, a vessel at a repair business is
considered abandoned if the following conditions have
been met: the vessel has been towed or requested
repairs have been performed and no authorization has
been given for further services, the state agency or
municipality and owner are notified and the vessel is
not claimed 30 days after the notice. There have been
a real problem, also not only in state, but there has
not been authority well established for what is a
repair yard do and somebody brings something in, has
some minor repair, and then leaves the vessel, so this
establishes that ability.
· Section 13, defines municipal state agency vessel in
waters of the state.
· Section 14, is the repeal of the DOT&PF regulation
authority to implement the abandoned statute as the
authority is now being transferred to any of the state
agencies as well as municipalities.
4:17:00 PM
SENATOR MICCICHE explained that the bill has a zero fiscal note
because it's just an authorization, but separate funding would
be required if DEC chooses to assist.
REPRESENTATIVE SEATON agreed. He said HB 131 would establish the
legal authority by the different agencies and municipalities to
deal with abandoned and derelict vessels, not to establish or
transfer money to perform the task.
SENATOR MICCICHE opened public testimony.
4:17:58 PM
JOY BAKER, Harbor Master, City and Port of Nome, announced that
Nome supported the passage of HB 131 regarding the abandoned and
derelict vessels. She said Nome would consider the bill as a
great mechanism or tool for extending the same authority on the
municipalities and boroughs that were currently held by the
state for handling abandoned and derelict vessels. She noted
that Nome had dealt with abandoned and derelict vessels in the
past. She said municipalities and boroughs, with limited means
of authority, often became the facilitator in the removal and
the disposal of the majority of abandoned and derelict vessels.
She said abandoned and derelict vessels were primarily located
in and around municipal facilities, often forcing a municipality
to work around them. She explained that municipalities were
faced with limited authority and limited access to the funding
sources. She divulged that it could take several years to fully
dispose of a derelict vessel. She said Nome thought the bill
would be a great modification to the existing law and Nome
supported the changes purposed in HB 131.
4:19:28 PM
CARL UKATEL, Port Director, Docks and Harbors-City and Borough
of Juneau, and Vice President, Alaska Association of
Harbormasters and Port Administrators, said AAHPA's Resolution
2012-12 set forth strong support to the proposed changes in
Alaska Statute: AS 30.30 for abandoned and derelict vessels. He
said AAHPA believed delegation of authority under state statute
to local municipalities was a step in the right direction in
turning the tide of abandoned and derelict vessels in the state.
He said the condition of vessels operating in the state waters
of Alaska was diverse, from modern yachts and well maintained 80
year old wooden trawlers, to decrepit live-aboards and turn of
the century abandoned tug boats. He said harbormasters were
consistently looking for tools to help best manage their harbor
facilities while keeping a virulent eye on vessels which
encroached on tidelands, an action that they may or may not have
authority to act upon. He said the proposed authority was
necessary throughout the state, but especially in smaller
coastal and riverine communities where legal and enforcement
resources were not readily available to deal with the
liabilities and hazards of abandoned and derelict vessels. He
said the construction and operations of harbors, by DOT&PF
shortly after statehood, resulted in regulations which empowered
only DOT&PF to effectively deal with troublesome vessels. He
said expanding the language to not only DOT&PF, but other state,
local, and municipal agencies would appear to be sound
legislation. He said the proposed delegation of authority to the
local municipalities would help refine the relationship between
the state and city/borough responsibilities. He said the bill
would enable harbormasters and communities with limited legal
resources or limited ordinances to act with confidence in
prosecuting derelict and abandoned vessels. He said the
modifications to check AS 30.30 appeared to have in place
sufficient authority which encouraged the state or municipality
to act in a timely manner before a vessel was an extremis. He
said acting in a timely manner was important because the
disposal cost associated with a vessel that was afloat was a
small fraction of what it would cost for a vessel that takes on
water, was submerged, or discharged fuel or oil.
4:22:31 PM
MICHAEL LUKSHIN, State Ports & Harbors Engineer, Alaska
Department of Transportation & Public Facilities, said he was in
attendance to speak in support of HB 131. He explained that AS
30.30 was originally created in 1975, under the old Department
of Public Works, an agency that owned 100 public harbors
throughout the state. He said as a steward of those public
harbors, it was important for the former Department of Public
Works to have an effective means to deal with abandoned and
derelict vessels. He said when the Department of Public Works
merged with the Department of Highways to form the present
DOT&PF in 1977, the new department inherited harbor
responsibilities and AS 30.30 to the present day. He revealed
that since the mid-1980s, DOT&PF had been under direction from
the legislature and the administration to transfer Alaska's
public harbors back in the hands of local governments under AS
35.10.120. He noted that DOT&PF had transferred 75 percent of
those public harbors back in the hands of local government. He
explained that while it was good to have Alaska's public harbors
under local control, the state had not fully delegated all of
its powers to the municipalities that owned, maintained, and
managed their harbors. He said AS 30.30 was a good law, but it
was too narrow and required to be broadened to include the
municipalities. He said DOT&PF did not have funding or personnel
for an abandoned and derelict vessel problem and that was part
of the problem that was presently being dealt with. He said
DOT&PF also had a related problem with other state agencies when
authority delegation was required. He said state agencies
outside of DOT&PF required their authorization to address
abandoned or derelict boats, a cumbersome process. He referred
to the recent case when two boats sank in Jakolof Bay; the F/V
Kuperonoff and the F/V Leading Lady near Seldovia. He said the
Coast Guard, DNR and DEC responded to the incident, but neither
DNR nor DEC was in a position to utilize AS 30.30 without
DOT&PF's permission. He said DNR had to wait for DOT&PF's
delegation, which came several days after the sunken vessels
were raised. He explained that the oil and other environmental
pollutants had to be removed with the vessels ultimately moved
to Homer for disposal. He summarized that DOT&PF supported the
proposed changes in HB 131.
4:25:46 PM
RACHEL LORD, Outreach & Monitoring Coordinator, Cook
Inletkeeper, Statewide Coordinator for the Alaska Clean Harbors
Program (ACHP), said ACHP was a voluntary state-wide program
that worked with harbormasters on improving resources and tools
for waste management, pollution prevention, and customer service
activity. She said HB 131 was a strong step to improve the
ability of Alaska's municipalities and state agencies to deal
effectively with abandoned and derelict vessels along Alaska's
vast coast line. She continued that many coastal municipalities
lacked the legal framework within their municipal codes to
navigate the seas of maritime laws to effectively deal with
abandoned and derelict vessels. She stated that no longer the
owner of the majority of Alaska harbors, DOT&PF does not have
the staffing or mandate to solely manage abandoned and derelict
vessels in harbors in state waters as specified in Alaska's
current statutes. She recommended looking to states like
Washington where millions of dollars was spent to deal with
abandoned and derelict vessels on their coasts and rivers. She
explained that the high cost associated with abandoned and
derelict vessels had [cutoff] legislative action to coordinate
efforts and provide a structure to address real environmental
and financial concerns. She said HB 131 would help to begin
moving in a common sense direction with immediate changes to an
outdated state statute. She explained that Alaska had enjoyed a
relatively young fleet of actively working vessels. She asserted
that as the Alaska fleet continued to age, the not too distant
future would likely have the state drowning in derelicts. She
said in addition to municipal harbors, derelict and abandoned
vessels were increasingly littering Alaska's coastline, while
sharing the waters with commercial, subsistence, and shellfish
bed fisheries. She said ACHP strongly supported and encouraged
the passing of HB 131.
4:27:44 PM
BRYAN HAWKINS, Harbormaster and Port Director, City of Homer,
said the City of Homer passed Resolution 13-026 in support of HB
131. He said derelict and abandoned vessels were a growing
problem in Alaska and HB 131 was a step in the right direction.
He said HB 131 was a good conversation starter that would act as
a good communications tool between city harbors, DNR, and
DOT&PF. He emphasized that the bill would provide an effective
tool towards taking early action to deal with derelict and
abandoned vessels before owners had a chance to get out of town.
SENATOR MICCICHE closed public testimony.
4:29:31 PM
SENATOR GIESSEL moved to report HB 131, version 28-LS0519\A,
from committee with individual recommendations and attached zero
fiscal notes.
4:29:46 PM
SENATOR MICCICHE remarked that [coastal] committee members in
attendance represented Seward, Homer, and Juneau. He said with
no objection, HB 131 passed from the Senate Community and
Regional Affairs Committee with individual recommendations [and
attached zero fiscal notes].
4:30:28 PM
There being no further business to come before the Senate
Community & Regional Affairs Committee, Chair Micciche adjourned
the hearing at 4:30 p.m.
| Document Name | Date/Time | Subjects |
|---|