Alaska 2023-2024 Regular Session

Alaska House Bill HB217 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0217a -1- HB 217
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5	5	33-GH1493\A
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10	10
11	11	HOUSE BILL NO. 217
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-THIRD LEGISLATURE - SECOND SESSION
16	16
17	17	BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
18	18
19	19	Introduced: 1/16/24
20	20	Referred: Transportation, Resources
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22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to commercial passenger vessel environmental compliance; relating to 1
28	28	commercial passenger vessel fees; establishing the wastewater infrastructure grant fund; 2
29	29	repealing the authority for citizens' suits relating to commercial passenger vessel 3
30	30	environmental compliance; and providing for an effective date." 4
31	31	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
32	32	* Section 1. AS 46.03.460(a) is amended to read: 6
33	33	(a) The department shall regulate [THERE IS ESTABLISHED THE]
34	34	7
35	35	commercial passenger vessel discharges and environmental compliance by 8
36	36	[PROGRAM PROVIDING FOR] 9
37	37	(1) adopting regulations to carry out the purposes of AS 46.03.460 10
38	38	- 46.03.490, including regulations that establish terms and conditions of 11
39	39	commercial passenger vessel discharges; 12
40	40	(2) verifying [INDEPENDENT VERIFICATION OF] environmental 13
41	41	compliance; and 14 33-GH1493\A
42	42	HB 217 -2- HB0217a
43	43	New Text Underlined [DELETED TEXT BRACKETED]
44	44
45	45	(3) monitoring and supervising [ALLOWING THE DEPARTMENT 1
46	46	TO MONITOR AND SUPERVISE DISCHARGES FROM] commercial passenger 2
47	47	vessels through a registration system. 3
48	48	* Sec. 2. AS 46.03.463 is repealed and reenacted to read: 4
49	49	Sec. 46.03.463. Prohibited discharges. (a) Except as provided in (b) of this 5
50	50	section, or under the terms of prior authorization from the department under 6
51	51	AS 46.03.100, a person may not discharge wastewater from a commercial passenger 7
52	52	vessel into the marine waters of the state. 8
53	53	(b) This section does not apply to discharges from a commercial passenger 9
54	54	vessel made to secure the safety of the commercial passenger vessel or to save life at 10
55	55	sea, if all reasonable precautions have been taken to prevent or minimize the 11
56	56	discharge. 12
57	57	* Sec. 3. AS 46.03.465(a) is amended to read: 13
58	58	(a) The owner or operator of a commercial passenger vessel shall maintain 14
59	59	daily records related to the period of operation while in the state, detailing the dates, 15
60	60	times, and locations, and the volumes and flow rates of any discharges of wastewater 16
61	61	[SEWAGE, GRAYWATER, OR OTHER WASTEWATERS] into the marine water s 17
62	62	of the state, and provide electronic copies of those records [ON A MONTHLY 18
63	63	BASIS] to the department in a manner established by the department in regulation 19
64	64	[NOT LATER THAN FIVE DAYS AFTER EACH CALENDAR MONTH OF 20
65	65	OPERATION IN STATE WATERS]. 21
66	66	* Sec. 4. AS 46.03.465(b) is amended to read: 22
67	67	(b) While a commercial passenger vessel is present in the marine waters of the 23
68	68	state, the owner or operator of the vessel shall provide an hourly report of the vessel's 24
69	69	location based on Global Positioning System technology and, if authorized to 25
70	70	discharge under AS 46.03.100, shall routinely collect [ROUTINE] samples of 26
71	71	wastewater [THE VESSEL'S TREATED SEWAGE, GRAYWATER, AND OTHER 27
72	72	WASTEWATERS] being discharged into marine waters of the state with a sampling 28
73	73	technique approved by the department. 29
74	74	* Sec. 5. AS 46.03.465(c) is amended to read: 30
75	75	(c) While a commercial passenger vessel is present in the marine waters of the 31 33-GH1493\A
76	76	HB0217a -3- HB 217
77	77	New Text Underlined [DELETED TEXT BRACKETED]
78	78
79	79	state, including while underway, the owner or operator of the vessel shall allow 1
80	80	the department, or an independent contractor retained by the department, to board 2
81	81	and 3
82	82	(1) inspect systems that collect, treat, or dispose of wastewater; 4
83	83	(2) [MAY] collect [ADDITIONAL] samples of wastewater [THE 5
84	84	VESSEL'S TREATED SEWAGE, GRAYWATER, AND OTHER 6
85	85	WASTEWATERS] being discharged into the marine waters of the state; and 7
86	86	(3) inspect systems that affect air emissions under AS 46.14. 8
87	87	* Sec. 6. AS 46.03.465(d) is amended to read: 9
88	88	(d) The owner or operator of a commercial passenger vessel required to 10
89	89	collect samples under (b) of this section shall ensure that all sampling techniques and 11
90	90	frequency of sampling events are approved by the department in a manner sufficient to 12
91	91	determine [ENSURE DEMONSTRATION OF] compliance with all discharge 13
92	92	requirements under AS 46.03.460 - 46.03.490 [AS 46.03.462]. 14
93	93	* Sec. 7. AS 46.03.465(f) is amended to read: 15
94	94	(f) If the owner or operator of a commercial passenger vessel has, when 16
95	95	complying with another state or federal law that requires [SUBSTANTIALLY 17
96	96	EQUIVALENT] information gathering, gathered information that is substantially 18
97	97	equivalent to the information required under (a), (b), or (d) of this section, the owner 19
98	98	or operator shall be considered to be in compliance with that subsection so long as the 20
99	99	information is [ALSO] provided to the department in a manner established by the 21
100	100	department in regulation. 22
101	101	* Sec. 8. AS 46.03.465(h) is amended to read: 23
102	102	(h) At the department's [ON] request, the owner or operator of a commercial 24
103	103	passenger vessel discharging wastewater [UNDER AS 46.03.462(b)] shall provide the 25
104	104	department with information relating to wastewater treatment, pollution avoidance, 26
105	105	and pollution reduction measures used on the vessel, including testing and evaluation 27
106	106	procedures and economic and technical feasibility analyses. 28
107	107	* Sec. 9. AS 46.03.480(a) is amended to read: 29
108	108	(a) Except as provided in (c) of this section, each commercial passenger 30
109	109	vessel is subject to [THERE IS IMPOSED] an environmental compliance fee of $5 31 33-GH1493\A
110	110	HB 217 -4- HB0217a
111	111	New Text Underlined [DELETED TEXT BRACKETED]
112	112
113	113	per berth, determined by the number of lower berths, for [ON] each voyage 1
114	114	during which the [COMMERCIAL PASSENGER] vessel operates [OPERATING] 2
115	115	in the marine waters of the state. The department shall 3
116	116	(1) establish procedures for collection of the fee; 4
117	117	(2) reduce the fee by $1 per lower berth if the owner or operator of 5
118	118	a vessel 6
119	119	(A) installs and operates an electronic monitoring system 7
120	120	for wastewater discharges that has been approved by the department; and 8
121	121	(B) provides monitoring data to the department consistent 9
122	122	with AS 46.03.465; and 10
123	123	(3) provide a rebate to the owner or operator of a commercial 11
124	124	passenger vessel after the vessel's last voyage of the year, in an amount equivalent 12
125	125	to the vessel's total number of unoccupied lower berths that year, if the owner or 13
126	126	operator of the vessel, in a manner established by the department in regulation, 14
127	127	(A) requests a rebate; and 15
128	128	(B) provides information related to the number of 16
129	129	unoccupied lower berths of the vessel for that year. 17
130	130	* Sec. 10. AS 46.03.480(b) is repealed and reenacted to read: 18
131	131	(b) Except as provided in (c) of this section and notwithstanding (a) of this 19
132	132	section, for each voyage during which a small commercial passenger vessel operates 20
133	133	in the marine waters of the state, the vessel is only subject to an environmental 21
134	134	compliance fee of 22
135	135	(1) $75 for a commercial passenger vessel with overnight 23
136	136	accommodations for at least 50 but not more than 99 passengers for hire; 24
137	137	(2) $175 for a commercial passenger vessel with overnight 25
138	138	accommodations for at least 100 but not more than 249 passengers for hire. 26
139	139	* Sec. 11. AS 46.03.480(c) is repealed and reenacted to read: 27
140	140	(c) The commissioner of environmental conservation and the commissioner of 28
141	141	transportation and public facilities shall jointly set a fee to be imposed on all 29
142	142	commercial passenger vessels operated by the state in the marine waters of the state. 30
143	143	* Sec. 12. AS 46.03.482(c) is amended to read: 31 33-GH1493\A
144	144	HB0217a -5- HB 217
145	145	New Text Underlined [DELETED TEXT BRACKETED]
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147	147	(c) The legislature may make appropriations from the fund to the department 1
148	148	[TO PAY] for 2
149	149	(1) the department's operational costs necessary to [PREPARE 3
150	150	REPORTS THAT ASSESS THE INFORMATION RECEIVED BY THE 4
151	151	DEPARTMENT FOR THE CRUISE SHIP SEASONS OF 2000, 2001, 2002, AND 5
152	152	2003 AND FOR THE DEPARTMENT'S O PERATIONAL COSTS NECESSARY 6
153	153	TO] carry out activities under AS 46.03.460 - 46.03.490 relating to commercial 7
154	154	passenger vessels; and 8
155	155	(2) the wastewater infrastructure grant fund administered by the 9
156	156	department under AS 46.03.483. 10
157	157	* Sec. 13. AS 46.03 is amended by adding a new section to read: 11
158	158	Sec. 46.03.483. Wastewater infrastructure grant fund. (a) The wastewater 12
159	159	infrastructure grant fund is established in the general fund and consists of 13
160	160	(1) money appropriated to the fund by the legislature; 14
161	161	(2) money appropriated to the fund in accordance with 15
162	162	AS 46.03.482(c); and 16
163	163	(3) earnings on the fund. 17
164	164	(b) Appropriations from the commercial passenger vessel environmental 18
165	165	compliance fund shall be deposited in a separate account within the wastewater 19
166	166	infrastructure grant fund. The department may establish other accounts within the 20
167	167	wastewater infrastructure grant fund as it considers appropriate. 21
168	168	(c) The department may expend money appropriated to the wastewater 22
169	169	infrastructure grant fund for wastewater infrastructure grants without further 23
170	170	appropriation. Money in the fund does not lapse and remains available for expenditure 24
171	171	in successive fiscal years. 25
172	172	(d) A municipality may submit an application for a wastewater infrastructure 26
173	173	grant to establish, upgrade, or improve a wastewater treatment system or facility in a 27
174	174	port community that serves commercial passenger vessels. The application must 28
175	175	include information demonstrating that 29
176	176	(1) the proposed project is a capital improvement project and not part 30
177	177	of a preventive maintenance program or regular custodial care program; 31 33-GH1493\A
178	178	HB 217 -6- HB0217a
179	179	New Text Underlined [DELETED TEXT BRACKETED]
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181	181	(2) the municipality 1
182	182	(A) intends to secure and maintain adequate property loss 2
183	183	insurance for the replacement cost of the proposed wastewater treatment 3
184	184	system or facility; or 4
185	185	(B) has secured and will maintain an adequate program of 5
186	186	property loss insurance for the replacement cost of the proposed wastewater 6
187	187	treatment system or facility; and 7
188	188	(3) the municipality has a preventive maintenance plan for the 8
189	189	proposed wastewater treatment system or facility and will adequately adhere to the 9
190	190	preventive maintenance plan after completion of the proposed project. 10
191	191	(e) Awards granted by the department from the separate commercial passenger 11
192	192	vessel environmental compliance account established under (b) of this section shall be 12
193	193	limited to the percentage of operations that the wastewater treatment system or facility 13
194	194	expends servicing commercial passenger vessels. 14
195	195	(f) The department may award a wastewater infrastructure grant during a 15
196	196	fiscal year for a proposed project eligible under this section based on a grant 16
197	197	application filed during the immediately preceding fiscal year before February 1. 17
198	198	(g) The department shall award grants to applicants for proposals to establish, 18
199	199	upgrade, or improve a wastewater treatment system or facility under this section. The 19
200	200	department shall award the grants based on an evaluation of how effectively each 20
201	201	proposal meets the following criteria: 21
202	202	(1) protect or improve public health; 22
203	203	(2) protect or improve water quality; 23
204	204	(3) mitigate environmental impact caused by commercial passenger 24
205	205	vessels and passengers; and 25
206	206	(4) help port communities adapt to increased demand for seasonal 26
207	207	wastewater treatment resulting from wastewater produced by commercial passenger 27
208	208	vessels and passengers. 28
209	209	(h) Nothing in this section creates a dedicated fund. 29
210	210	(i) In this section, "municipality" means a political subdivision incorporated 30
211	211	under the laws of the state that is a home rule or general law city, a home rule or 31 33-GH1493\A
212	212	HB0217a -7- HB 217
213	213	New Text Underlined [DELETED TEXT BRACKETED]
214	214
215	215	general law borough, or a unified municipality. 1
216	216	* Sec. 14. AS 46.03.490(2) is amended to read: 2
217	217	(2) "commercial passenger vessel" means a vessel that carries 3
218	218	passengers for hire except that "commercial passenger vessel" does not include a 4
219	219	vessel 5
220	220	(A) authorized to carry fewer than 50 passengers; 6
221	221	(B) that does not provide overnight accommodations for at 7
222	222	least 50 passengers for hire [, DETERMINED WITH REFERENCE TO THE 8
223	223	NUMBER OF LOWER BERTHS]; or 9
224	224	(C) operated by the United States or a foreign government; 10
225	225	* Sec. 15. AS 46.03.490(13) is amended to read: 11
226	226	(13) "small commercial passenger vessel" means a commercial 12
227	227	passenger vessel that provides overnight accommodations for 249 or fewer passengers 13
228	228	for hire [, DETERMINED WITH REFERENCE TO THE NUMBER OF LOWER 14
229	229	BERTHS]; 15
230	230	* Sec. 16. AS 46.03.490 is amended by adding a new paragraph to read: 16
231	231	(19) "wastewater" means any graywater or sewage, including any 17
232	232	graywater or sewage that is stored in or transferred to a ballast tank or other holding 18
233	233	area on the vessel that may not be customarily used for storing graywater or sewage. 19
234	234	* Sec. 17. AS 46.03.460(b), 46.03.461, 46.03.462, 46.03.465(i), 46.03.480(d), 20
235	235	46.03.480(e), 46.03.481, 46.03.490(1), 46.03.490(7), 46.03.490(10), 46.03.490(14), and 21
236	236	46.03.490(15) are repealed. 22
237	237	* Sec. 18. AS 46.03.476 is repealed. 23
238	238	* Sec. 19. AS 46.03.480(b) is repealed December 31, 2024. 24
239	239	* Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 25
240	240	read: 26
241	241	TRANSITION: REGULATIONS. The Department of Environmental Conservation 27
242	242	shall adopt regulations necessary to implement this Act. The regulations take effect under 28
243	243	AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 29
244	244	implemented by the regulation. 30
245	245	* Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 31 33-GH1493\A
246	246	HB 217 -8- HB0217a
247	247	New Text Underlined [DELETED TEXT BRACKETED]
248	248
249	249	read: 1
250	250	RETROACTIVITY. Section 18 of this Act is retroactive to April 1, 2020. 2
251	251	* Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 3
252	252	read: 4
253	253	REVISOR'S INSTRUCTION. The revisor of statutes is requested to consider 5
254	254	changing the catch line of AS 46.03.460 from "Program established" to "Regulation of 6
255	255	commercial passenger vessel discharges and environmental compliance." 7
256	256	* Sec. 23. Sections 18, 20, and 21 of this Act take effect immediately under 8
257	257	AS 01.10.070(c). 9
258	258	* Sec. 24. Except as provided in sec. 23 of this Act, this Act takes effect January 1, 2024. 10