Legislature(2023 - 2024)BUTROVICH 205
03/30/2023 01:30 PM Senate TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| SJR11 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SJR 11 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
March 30, 2023
1:30 p.m.
MEMBERS PRESENT
Senator James Kaufman, Chair
Senator David Wilson, Vice Chair
Senator Löki Tobin
Senator Jesse Kiehl
Senator Robert Myers
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 11
Recognizing the Don Young Coast Guard Authorization Act of 2022
and the importance of certain provisions intended to enhance oil
spill response capabilities in Western Alaska and the United
States Arctic to promote improved safety in shipping commerce,
protection of communities in the state, and the health of
critical marine resources; urging the United States Coast Guard
to consider the unique challenges of the state when developing
oil spill response requirements for Western Alaska and the
United States Arctic; and urging the deployment of
individualized oil spill response resources for the state that
use modern technologies to track the operation of large vessels
in the region and local service providers with knowledge of the
region and local wildlife.
- MOVED SJR 11 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SJR 11
SHORT TITLE: WESTERN AK/ARCTIC OIL SPILL RESPONSE
SPONSOR(s): SENATOR(s) KIEHL
03/24/23 (S) READ THE FIRST TIME - REFERRALS
03/24/23 (S) TRA
03/30/23 (S) TRA AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
Senator Jesse Kiehl, District B
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SJR 11
CALEB YABES, Intern
Senator Jesse Kiehl
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sponsor statement for SJR 11
on behalf of the sponsor.
BUDDY CUSTARD, President and Chief Executive Officer
Alaska Chadux Network
Juneau, Alaska
POSITION STATEMENT: Testified in support of SJR 11
JIM BUTLER, Principal
Incident Response Group
Kenai, Alaska
POSITION STATEMENT: Testified in support of SJR 11
TODD PAXTON, representing self
Nikiski, Alaska
POSITION STATEMENT: Testified in opposition to SJR 11
ACTION NARRATIVE
1:30:13 PM
CHAIR JAMES KAUFMAN called the Senate Transportation Standing
Committee meeting to order at 1:30 p.m. Present at the call to
order were Senators Wilson, Myers, Tobin, Kiehl and Chair
Kaufman.
SJR 11-WESTERN AK/ARCTIC OIL SPILL RESPONSE
1:31:24 PM 19
CHAIR KAUFMAN announced the consideration of SENATE JOINT
RESOLUTION NO. 11 Recognizing the Don Young Coast Guard
Authorization Act of 2022 and the importance of certain
provisions intended to enhance oil spill response capabilities
in Western Alaska and the United States Arctic to promote
improved safety in shipping commerce, protection of communities
in the state, and the health of critical marine resources;
urging the United States Coast Guard to consider the unique
challenges of the state when developing oil spill response
requirements for Western Alaska and the United States Arctic;
and urging the deployment of individualized oil spill response
resources for the state that use modern technologies to track
the operation of large vessels in the region and local service
providers with knowledge of the region and local wildlife.
1:31:52 PM
Senator Jesse Kiehl, District B, Alaska State Legislature,
Juneau, Alaska, sponsor of SJR 11, paraphrased the sponsor
statement.
SJR 11 affirms the State of Alaska's commitment to
strong oil spill prevention and response efforts in
Western Alaska and the U.S. Arctic. It makes clear
that Alaska expects to be fully consulted and engaged
when the U.S. Coast Guard implements standards
Congress required under the Don Young Coast Guard
Reauthorization Act (Sec. 11309 of the 2022 National
Defense Authorization Act.)
The waters of Western Alaskan and the U.S. Arctic are
vast, and don't have the same commercial, Coast Guard,
maritime organization, or volunteer vessel resources
to respond to emergencies as the Lower 48. But ocean-
going vessels carrying cargoes of fuel or oil must
have plans in place to both prevent and clean up oil
spills consistently and effectively. That's doubly
critical when the closest response may be hundreds of
miles away.
The Don Young Coast Guard Authorization Act requires
the Coast Guard to develop standards for oil spill
plans that consider the unique issues and attributes
of Western Alaska and the U.S. Arctic. The Act
requires full consultation with the State of Alaska,
local governments, Tribes, and others. SJR 11 calls on
the Coast Guard to consult in advance, rather than
just consider the state's comments on a federal
register notice.
This resolution reaffirms Alaska's strong commitment
to balancing economic activity with environmental
protection on the seas.
1:34:38 PM
CALEB YABES, Intern, Senator Jesse Kiehl, Alaska State
Legislature, Juneau, Alaska informed the committee that the
Coast Guard Authorization Act requires the Coast Guard to
collaborate with Alaskans when establishing oil spill standards.
He explained that SJR 11 calls on the Coast Guard to consult
with the state, municipalities, tribes and organizations on
standards related to vessel monitoring. He provided an example
of the Marine Exchange in Juneau, an entity that tracks marine
vessels for anomalies or discrepancies. The resolution calls on
the Coast Guard to include a wildlife rescue component. If an
oil spill occurs, the resolution calls for the use of Alaska-
based equipment. He stressed that time was of the essence. He
added that transporting equipment from the rail belt is
different from transporting it from the Lower 48.
1:36:07 PM
SENATOR TOBIN requested definitions for the terms "pelagic" and
"anadromous" on page 1, line 12.
SENATOR KIEHL replied that the terms pelagic and anadromous
apply to categories of fish species. He explained that
anadromous fish spawn in fresh water and run to the ocean and
include salmon and sea-run cutthroat trout. He added that
pelagic species live in salt water entirely. He hesitated to
provide a detailed description of pelagic species, but he
believes that they remain in one environment versus migrating.
1:37:22 PM
SENATOR MYERS referenced the comment about importing equipment
from the Lower 48 to address oil spills. He stated that
equipment is stationed in certain Alaskan hubs along the
southern and western coasts.
SENATOR KIEHL agreed that response equipment is stationed in
several places in Alaska. He added that small quantities of
equipment can be deployed quickly, and larger quantities of
equipment are stationed in the Railbelt. He stated that a more
detailed answer might come from an invited testifier, Mr.
Custard.
1:38:15 PM
SENATOR WILSON further clarified the difference between pelagic
and anadromous fish.
1:39:07 PM
CHAIR KAUFMAN moved to invited testimony.
1:39:20 PM
BUDDY CUSTARD, President and Chief Executive Officer, Alaska
Chadux Network, Juneau, Alaska, provided invited testimony in
favor of SJR 11. He explained that the Alaska Chadux Network is
a Coast Guard-classified oil spill removal organization, a
primary Alaska response action contractor, and an Alaskan clean-
up contractor for both non-tank vessels and non-crude tank
vessels and barges. He remarked that the organization had
operated in Alaska for 30 years providing oil spill response
services to vessels, petroleum storage, transport facilities,
and exploration drilling operations in northern, western,
central, and interior Alaska on land and at sea.
MR. CUSTARD provided his professional background. He stated that
he worked as a Coast Guard officer for 30 years. Upon retirement
from the Coast Guard, he served as an emergency response
superintendent and operations manager for three years. He
reported serving in his current position for eight years. He
stated that SJR 11 allows the state legislator to voice strong
expectations to the Coast Guard in favor of the Don Young Coast
Guard Authorization Act of 2022. He explained that federal oil
spill regulations for post-response plans cannot be met in most
regions of northern, western, and central Alaska. The challenges
are due to the distance, lack of infrastructure, remoteness, and
harsh operational conditions in Alaska. He noted a provision in
the regulations to submit an Alternative Planning Criteria
(APC).
1:42:24 PM
MR. CUSTARD explained that Alaska is also an APC administrator.
He stated that his team developed the first Coast Guard-accepted
APC for tank and non-tank vessels operating in Alaska. He
highlighted the lack of planning standards for developing APC,
which led to inconsistencies and disparities with oil spill
response administration. Large vessel incidents require
standards to protect Alaska's coastal and marine resources. He
furthered that Don Young wisely legislated Coast Guard vessels
to develop oil spill regulations that consider the unique
planning and operational challenges in Alaska.
MR. CUSTARD stated that Congressman Don Young understood the
devastating impact a large oil spill could have on Alaska. He
mentioned Coast Guard requirements to develop planning criteria
with the state. He expressed concerns that the Coast Guard might
not engage with the state as demonstrated by the lack of
engagement during the APC acceptance process. He expressed
concern that the Coast Guard might utilize an indirect approach
to solicit comments through the federal register process on
draft regulations. He stressed the need for the Coast Guard to
consult with the state throughout the regulation development
phases. The resolution affirms the states expectations to
participate in and share its expertise as the new regulations
are drafted.
MR. CUSTARD mentioned that the Act requires the tracking and
monitoring of vessels over 200 nautical miles of Alaska to
detect situations that may lead to an incident. He provided an
example where the Marine Exchange of Alaska detected a large
772-foot container ship that lost power near Unimak Pass. The
notification led to a rapid response for tug assistance and
prevented approximately two million gallons of oil from spilling
on Alaska's coastal environment. He advocated for resources that
can be quickly mobilized and deployed on small aircraft and
vessels to reach remote Alaskan regions. The resolution ensures
the availability of wildlife protection and rehabilitation
resources. He encouraged the committee to affirm the states
commitment to the important consultation process.
1:46:28 PM
SENATOR MYERS asked where oil response equipment was positioned
in Alaska.
MR. CUSTARD responded that his organization has 17 response hubs
spread through various communities. He stated that another APC
provider has four response hubs. He added that the state and
Coast Guard each have caches of equipment.
1:48:13 PM
SENATOR WILSON wondered about the spill-responsive equipment
stationed in a conex box in King Cove. He asked Mr. Custard if
his company was in partnership with the state.
MR. CUSTARD clarified that he owned and maintained the equipment
in the Conex box located in King Cove. He stated that his
organization was not in partnership with the state.
1:49:17 PM
JIM BUTLER, Principal, Incident Response Group, Kenai, Alaska,
testified by invitation in support of SJR 11. He commended the
committee and sponsor for recognizing the important role that
the state plays in oil spill response planning. He mentioned
that established Coast Guard regulations are not relevant to
Alaska. He explained that the industry attempts to fill the gap
created by ineffective regulations. He stated that the process
is more cumbersome now as federal regulations expanded to
capture more vessels in the program. He noted that Don Young
understood the issues and the need for Alaska to be prepared for
an oil spill. He stated that Don Young believed that the best
way to ensure long-term predictability for Alaskans was through
clear and concise regulations. He expressed concern about the
federal and state understanding of the term consult. He stated
that Representative Young clarified that he wanted an active
consultation role for Alaska. He recognized that oil spills land
on Alaska's beaches. He stated that Representative Young wanted
Alaskans to remain actively engaged and he wished for state
agency expertise and collaboration.
1:54:05 PM
CHAIR KAUFMAN opened public testimony on SJR 11.
1:54:35 PM
TODD PAXTON, representing self, Nikiski, Alaska, disclosed his
position as the general manager of Cook Inlet Oil Spill
Prevention and Response, Inc. He testified in opposition to SJR
11. He opined that the resolution resulted from a lobbying
effort to strengthen the position of one of the two southwest
Alaska alternative planning criteria administrators. He opined
that the lobbying effort sought to reduce the capability of one
of the APC administrators to the benefit of the other
administrator. He opined that the competition for the southwest
Alaska APC market is advantageous as it reduces compliance costs
as a function of market competition.
1:56:48 PM
CHAIR KAUFMAN closed public testimony on SJR 11.
1:57:12 PM
At ease
1:58:01 PM
CHAIR KAUFMAN reconvened the meeting.
1:58:15 PM
SENATOR WILSON SENATOR Wilson moved to report SJR 11, work order
33-LS0526\B, from committee with individual recommendations and
attached zero fiscal note.
CHAIR KAUFMAN found no objection and SJR 11 was reported from
the Senate Transportation Standing Committee.
1:58:47 PM
At ease
2:00:36 PM
CHAIR KAUFMAN reconvened the meeting.
2:01:14 PM
There being no further business to come before the committee,
Chair Kaufman adjourned the Senate Transportation Standing
Committee meeting at 2:01 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SJR 11 Sponsor Statement Version B 3.27.23.pdf |
STRA 3/30/2023 1:30:00 PM |
SJR 11 |
| SJR 11 Version B.PDF |
STRA 3/30/2023 1:30:00 PM |
SJR 11 |
| SJR 11 Fiscal Note Version B 3.27.23.pdf |
STRA 3/30/2023 1:30:00 PM |
SJR 11 |
| SJR 11 Support Document Research H.R. 7776 NDAA 2022 3.27.23.pdf |
STRA 3/30/2023 1:30:00 PM |
SJR 11 |