HB 128-OIL TERMINAL FACILITY                                                                              
                                                                                                                                
1:20:09 PM                                                                                                                    
                                                                                                                                
CHAIR MCCABE announced that the  first order of business would be                                                               
HOUSE BILL  NO. 128, "An Act  relating to the definition  of 'oil                                                               
terminal facility.'"                                                                                                            
                                                                                                                                
1:20:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  moved  to  adopt  the  proposed  committee                                                               
substitute    (CS)    for    HB   128,    Version    33-LS0634\U,                                                               
Gunther/Radford, 4/20/23, as a working document.                                                                                
                                                                                                                                
REPRESENTATIVE  MCCABE objected  for the  purpose of  discussion.                                                               
He asked Buddy Whitt to address the changes proposed in the CS.                                                                 
                                                                                                                                
1:21:21 PM                                                                                                                    
                                                                                                                                
BUDDY  WHITT, Staff,  Representative Kevin  McCabe, Alaska  State                                                               
Legislature,  explained the  changes in  the proposed  CS for  HB                                                               
128,   Version  U,   on  behalf   of  the   sponsor,  the   House                                                               
Transportation  Standing   Committee,  on   which  Representative                                                               
McCabe  serves as  chair.   He  reviewed that  the original  bill                                                               
contained a  definition of "oil terminal  facility" that included                                                               
two  instances where  a vessel  would be  considered an  oil tank                                                               
facility, and  this caused  concerns among  fuel handlers  in the                                                               
state.   He stated that Version  U was drafted based  on feedback                                                               
from  stakeholders, but  said he  is currently  awaiting feedback                                                               
from the Department of Environmental Conservation (DEC).                                                                        
                                                                                                                                
MR.  WHITT  paraphrased  the sectional  analysis  for  Version  U                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section 1   Page 1, lines  4 through 11   adds language                                                                    
     that an approved contingency plan  for a tank vessel or                                                                    
     oil  barge satisfies  the requirement  in  (a) of  this                                                                    
     section   for  contingency   plans  for   oil  terminal                                                                    
     facilities.                                                                                                                
                                                                                                                                
     Section 2    Page 1, line  12 through Page 2,  line 6                                                                      
     adds  language that  proof of  financial ability  for a                                                                    
     tank  or   oil  barge  that  is   approved  under  this                                                                    
     subsection  satisfies the  requirements of  (a) of  the                                                                    
     section  for   proof  of  financial  ability   for  oil                                                                    
     terminal facilities.                                                                                                       
                                                                                                                                
     Section 3    Page 2, lines 12 through 26    changes the                                                                    
     definition of  oil terminal facility to  confirm to the                                                                    
     additions  of sections  one  and  two; specifying  that                                                                    
     when  a tank  vessel or  oil barge  are operating  with                                                                    
     approved  contingency  plans  and  proof  of  financial                                                                    
     ability,   they  are   not  considered   "oil  terminal                                                                    
     facilities".                                                                                                               
                                                                                                                                
     Section  4    Page  2,  line 27     Added an  immediate                                                                    
     effective date to the bill.                                                                                                
                                                                                                                                
1:25:22 PM                                                                                                                    
                                                                                                                                
CHAIR MCCABE  removed his  objection to the  motion to  adopt the                                                               
proposed  CS for  HB  128, Version  U.   There  being no  further                                                               
objection, Version U was before the committee.                                                                                  
                                                                                                                                
CHAIR MCCABE announced that HB 128 was held over.