SJR 25-EXXON VALDEZ OIL SPILL DAMAGES/REOPENER  1:37:32 PM CHAIR COGHILL announced the consideration of SJR 25, a resolution, "Urging the Alaska Department of Law and the United States Department of Justice to file a motion in United States District Court to compel the ExxonMobil Corporation to honor the commitment to pay additional damages for the Exxon Valdez oil spill under the 'Reopener for Unknown Injury' provision of the 1991 Agreement and Consent Decree and to collect the full demand for payment the state and federal government submitted to the ExxonMobil Corporation on August 31, 2006; and urging the Exxon Valdez Oil Spill Trustee Council immediately to initiate subsurface lingering oil restoration work." He said it was the first hearing on the bill. 1:37:50 PM SENATOR BERTA GARDNER, sponsor of SJR 25, thanked the committee for hearing the bill. She noted it was the 25th anniversary of the Exxon Valdez oil spill. She said her intention is twofold: to gain access to additional resources as agreed by Exxon and the state and to prepare for development of resources going forward with assurance that this development is expected to prevent spills in the future. Alaska has a strong interest in assuring that there are high standards in resource development pertaining to prevention and response. She stated that, thus far with the Exxon Valdez spill, Alaska hasn't done everything it could. She said she wanted to make sure that Alaska does not miss the opportunity to claim what is still needed and has been agreed upon. 1:40:53 PM NOAH HANSON, Staff, Senator Berta Gardner, introduced SJR 25 on behalf of the sponsor. He read from the following document: SJR 25 urges the Alaska Department of Law and the US Department of Justice to take court action to collect from Exxon the delinquent $92 million oil spill "Reopener for Unknown Injury" claim submitted by the Murkowski Administration in 2006. In the historic 1991 settlement of the State of Alaska and U.S. Government claims against Exxon for the 1989 Exxon Valdez oil spill, Exxon agreed to pay $900 million in civil damages, $100 million in criminal restitution, and a $25 million criminal fine. Additionally, the Agreement and Consent Decree provided for a "Reopener for Unknown Injury" under which Exxon would pay up to $100 million in the future for injuries unknown and unanticipated at the time of the settlement. In 2006, the Murkowski Administration, at the urging of the Alaska Legislature, collaborated with the Bush administration to develop a restoration plan for unknown injuries, and presented a demand for payment to Exxon for $92 million. Exxon rejected the claim and refused to honor its obligations as set forth in the 1991 agreement. Meanwhile, state and federal studies confirm that a substantial amount of Exxon Valdez oil remains on beaches in substrates and the oil is nearly as toxic as it was the first few weeks after the spill. Birds, fish and mammals in the region continue to be affected. Although the State of Alaska has continued to study lingering oil injuries, it has yet to begin work to remediate lingering oil, as promised in 2006, nor has it taken Exxon to court to collect the long-overdue claim. th On June 25, 2010 Exxon unilaterally suspended the tolling agreement among the parties, under which the statute of limitations had been temporarily suspended. This action started the clock ticking, with potentially a 6-year limit. Therefore, we must pursue our claim in court before June 25, 2016, or lose it forever. After 25 years, it is time to give Alaskans closure on this issue. I look forward to your support on this resolution. 1:45:58 PM SENATOR DYSON said he takes exception to the phrase "what we need." He suggested it should be based on what is fair and just. SENATOR GARDNER said she was indicating that research and work are still needed. SENATOR DYSON suggested the context is "what we need for remediation, not what the state needs for income." SENATOR GARDNER agreed. She said a need for income is not what this bill is about. SENATOR DYSON said overstatements are a bother and ultimately bring credibility into question. He offered that most beaches in Prince William Sound weren't oiled. It's not accurate to give the impression that the entire Sound was oiled. He further opined that Dr. Steiner's report is overstated. CHAIR COGHILL said he would hold SJR 25 in committee and take public testimony at a subsequent hearing.