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Alaska State Representative Bruce Weyhrauch Information from the Chairman

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Small Cruise Ship Discharges
Sectional Analysis for HB 522
Alaska State Legislature
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Attachments Attachments
 
Released:
February 26, 2003
Linda Sylvester
465-4963

    "An Act relating to discharges from small commercial passenger vessels; and providing for an effective date."

]
Section 1:  

This section states the findings by the legislature and the intent to allow older small commercial passenger vessels to continue to operate in Alaska while taking steps to minimize discharges and minimize harm to the marine waters of the state.


Section 2:
 

A third option for terms and conditions of vessel discharges is recognized by this section through an amendment to AS 46.03.462(a).


Section 3:
 

This section repeals the amendment in the previous section and would be effective January 1, 2016, under the effective date in section 16 of the bill.


Section 4:
 

By amending AS 46.03.462(d), the Dept. of Environmental Conservation would have the power to waive portions of the discharge requirements and limitations in AS 46.03.463 for older small commercial passenger vessels.


Section 5:
 

This section repeals the amendment in the previous section and would be effective January 1, 2016, under the effective date in section 16 of the bill.


Section 6:
 

This section adds new subsection (e) and (f) to AS 46.03.462. Under subsection (e), a small commercial passenger vessel can submit a plan for alternative terms and conditions of vessel discharges based on best management practices if the keel of the vessel was laid before January 1, 2004. If DEC finds that the plan incorporates the best management practices as defined in this subsection, the department shall approve the plan for a three-year period. This amendment authorizes the department to adopt regulations and limits the extent to which the department may require retrofitting of a vessel. Despite the 3-year duration of a plan approved by the department under subsection (e), subsection (f) bars the duration of any plan to extend beyond December 31, 2015.


Section 7:
 

This section amends AS 46.03.463(b) to conform to the amendments to AS 46.03.462 in sections 4 and 6 of the bill.


Section 8:
 

This section repeals the amendment in the previous section and would be effective January 1, 2016, under the effective date in section 16.


Section 9:
 

This section amends AS 46.03.463(c) to conform to the amendments to AS 46.03.462 in sections 4 and 6.


Section 10:
 

This section repeals the amendment in the previous section and would be effective January 1, 2016, under the effective date in section 16.


Section 11:
 

This section amends AS 46.03.463(e) to conform to the amendments to AS 46.03.462 in sections 4 and 6.


Section 12:
 

This section repeals the amendment in the previous section and would be effective January 1, 2016, under the effective date in section 16.


Section 13:
 

This section repeals subsections to AS 46.03.462 added by section 6.


Section 14:
 

A new section to the uncodified law, providing for a retroactive effect of the Act for the 2004 season. The section sets the deadline for the owner or operator of an eligible vessel to submit a plan to DEC and describes the retroactive effect of the approval of the plan.


Section 15:
 

This section makes sections 1, 2, 4, 6, 7, 9, and 11 retroactive to January 1, 2004.


Section 16:
 

This section makes sections 3, 5, 8, 10, 12, and 13 take effect on January 1, 2016, thus sunsetting the changes made in sections 1, 2, 4, 6, 7, 9, and 11.


Section 17:
 

Exept for the future effective dates in the previous section, this section provides for an immediate effective date.

 
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