HOUSE BILL NO. 164 "An Act relating to reporting of vessel location by certain commercial passenger vessels operating in the marine waters of the state, to access to vessels by licensed marine engineers for purposes of monitoring compliance with state and federal requirements, and to the obligations of those engineers while aboard the vessels; and providing for an effective date." REPRESENTATIVE KYLE JOHANSEN, Sponsor explained the legislation. He reported that the Alaska Constitution sets up a system of checks and balances so no group has absolute power. These apply to the initiative process in several ways: the legislature's power to amend initiatives and the legislature's power to control expenditures of the state money, make changes to the initiative, and decide on expenditures. Representative Johansen related some of the facts brought out in previous committees. The cruise ship fleet has radically changed since April 2003 when the initiative was initially filed. Only two ships had advanced wastewater treatment systems. Today 24 out of 29 ships have advanced wastewater treatment systems, which future ships will all have. The Coast Guard determined that the discharge from these systems is so clean it can be released 24 hours a day, even in port. The Department of Environmental Conservation (DEC) testing showed that the effluent presents no harm to humans or to the environment. Representative Johansen reported that there currently exists trained, independent contractors and monitoring systems from DEC, EPA, and the Coast Guard on board the ships. DEC maintains that the current system works and does not need to be supplemented by the Ocean Ranger program. The state currently spends about $500,000 on monitoring programs and the Ocean Ranger program would increase this spending by "several 100 percent". Representative Johansen addressed a change to the initiative which replaces the requirement that Ocean Rangers be licensed certified marine engineers. Instead, they will be required to be level III wastewater treatment operators. Also, the commissioner of DEC now has the discretion as to how to implement the initiative and when to place the Ocean Rangers on the vessels in Alaskan waters. Representative Johansen related that the intent of the initiative has been maintained, keeping safety and costs in mind. A balance has been struck between being fiscally responsible and getting the Ocean Rangers on board as soon as possible. 3:36:37 PM Vice Chair Stoltze asked about a requirement to have a marine engineer on board. Representative Johansen reported that the initiative language specified that a U.S. certified Coast Guard marine engineer be on board, however, that person would not be a professional in wastewater management. There was concern that marine engineers from the Alaska Marine Highway System would be taken to fill Ocean Ranger spots. He maintained that professional wastewater treatment specialists need to be on board the cruise ships. Vice Chair Stoltze noted that there was little debate on this issue during the election. Representative Johansen reported that one of the initiative sponsors works for the union representing the Alaska Marine Highway. He offered to provide previous testimony as to the availability of marine engineers. 3:39:10 PM Representative Kelly summarized that the commissioner of DEC would have the discretion to make decisions regarding Ocean Rangers, including at sea. Representative Johansen said that is correct. He envisioned putting Ocean Rangers on in Juneau, Ketchikan, or Sitka because of current DEC support in those locations. Representative Kelly concluded that the commissioner has flexibility in carrying out the initiative. CSHB 164 (JUD) was heard and HELD in Committee for further consideration.