Alaska 33rd Legislature (2023-2024) Status: Enacted

HB 128 — An Act relating to the operation of a tank vessel or oil barge as an oil terminal facility; relating to the definition of 'oil terminal facility'; and providing for an effective date.

Last action — (H) EFFECTIVE DATE(S) OF LAW 5/25/23

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 22, 2023. Enacted.

Signed by Governor Mike Dunleavy (Republican) on October 16, 2023.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

55 added · 23 removed

Plain-language change summary

The updated version of Bill HB 128 adds details about tank vessels and oil barges being classified as oil terminal facilities, specifically regarding their operations and the necessity for approved contingency plans. It emphasizes that these vessels can't operate in Alaskan waters, or transfer oil unless they have a safety plan in place. This amendment is significant because it strengthens environmental protections and regulatory oversight related to oil spills, aiming to better safeguard Alaska's waters from potential oil discharge incidents.

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Latest
33-LS0634\A HOUSE BILL NO.
LAWS OF ALASKA Source Chapter No.
128 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - FIRST SESSION BY THE HOUSE TRANSPORTATION COMMITTEE Introduced:
CSHB 128(TRA) _______ AN ACT Relating to the operation of a tank vessel or oil barge as an oil terminal facility;
3/22/23 Referred:
relating to the definition of "oil terminal facility";
Transportation A BILL FOR AN ACT ENTITLED "An Act relating to the definition of 'oil terminal facility.'" BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
and providing for an effective date.
* Section 1.
_______________ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1 Enrolled HB 128 AN ACT Relating to the operation of a tank vessel or oil barge as an oil terminal facility;
relating to the definition of "oil terminal facility";
and providing for an effective date.
_______________ * Section 1.
AS 46.04.030(c) is amended to read:
(c) Except as provided in (n) of this section, a person may not operate a tank vessel or an oil barge within the waters of the state, or cause or permit the transfer of oil to or from a tank vessel or an oil barge, unless an oil discharge prevention and contingency plan for the tank vessel or oil barge has been approved by the department and the person is in compliance with the plan.
A contingency plan approved for a tank vessel or oil barge under this subsection also constitutes an approved plan for purposes of (a) of this section.
* Sec.
2.
AS 46.04.040(c) is amended to read:
(c) Except as provided in (m) of this section, a person may not operate a tank vessel or an oil barge within the waters of the state, or cause or permit the transfer of -1- Enrolled HB 128 oil to or from a tank vessel or an oil barge, unless the person operating the tank vessel or oil barge has furnished to the department, and the department has approved, proof of financial ability to respond in damages.
Proof of financial ability for a tank vessel or oil barge that is approved under this subsection also satisfies the proof of financial ability requirement of (a) of this section.
Proof of financial responsibility required under this subsection is (1) $300, per incident, for each barrel of storage capacity or $100,000,000, whichever is greater, for a tank vessel or barge carrying crude oil;
(2) $100, per incident, for each barrel of storage capacity or $1,000,000, whichever is greater, subject to a maximum of $35,000,000, for a tank vessel or barge carrying noncrude oil.
* Sec.
3.
(14) "oil terminal facility" means an onshore or offshore facility of any kind, and related appurtenances, including a deepwater port, bulk storage facility, or marina, located in, on, or under the surface of the land or waters of the state, including tide and submerged land, that is used for the purpose of transferring, processing, refining, or storing oil;
(14) "oil terminal facility" (A) means (i) an onshore or offshore facility of any kind, and related appurtenances, including a deepwater port, bulk storage facility, or marina, located in, on, or under the surface of the land or waters of the state, including tide and submerged land, that is used for the purpose of transferring, processing, refining, or storing oil;
a vessel, other than a nontank vessel or a vessel with an oil discharge prevention and contingency plan approved under AS 46.04.030, is considered an oil terminal facility only when it is used to make a ship-to-ship transfer of oil, and when it is traveling between the place of the ship-to-ship transfer of oil and an oil terminal facility;
(ii) a vessel, other than a nontank vessel, [IS CONSIDERED AN OIL TERMINAL FACILITY] only when it is used to make a ship-to-ship transfer of oil, and when it is traveling between the place of the ship-to-ship transfer of oil and an oil terminal facility;
HB0128a -1- HB 128 New Text Underlined [DELETED TEXT BRACKETED]
(B) does not include a tank vessel or oil barge that has a contingency plan approved under AS 46.04.030(c) and proof of financial ability approved under AS 46.04.040(c);
* Sec.
4.
This Act takes effect immediately under AS 01.10.070(c).
Enrolled HB 128 -2-
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Action History

  1. (H) EFFECTIVE DATE(S) OF LAW 5/25/23

  2. (H) Signed into law 5/24 CHAPTER 3 SLA 23

  3. (H) 10:30 A.M. 5/15/23 Transmitted to Governor

  4. (S) VERSION: CSHB 128(TRA)

  5. (S) RETURN TO (H), TRANSMIT TO GOV NEXT

  6. (S) EFFECTIVE DATE(S) SAME AS PASSAGE

  7. (S) PASSED ON RECONSIDERATION Y20 N-

  8. (S) RECON SAME DAY UC

  9. (S) OLSON NOTICE OF RECONSIDERATION

  10. (S) EFFECTIVE DATE(S) SAME AS PASSAGE

  11. (S) PASSED Y20 N-

  12. (S) READ THE THIRD TIME CSHB 128(TRA)

  13. (S) ADVANCED TO THIRD READING 5/13 CAL

  14. (S) READ THE SECOND TIME

  15. (S) RULES TO CALENDAR 5/12/23

  16. (S) FN1: ZERO(DEC)

  17. (S) DP: KAUFMAN, MYERS, TOBIN

  18. (S) TRA RPT 3DP

  19. (S) Minutes (STRA)

  20. (S) Moved CSHB 128(TRA) Out of Committee

  21. (S) TRANSPORTATION at 01:30 PM BUTROVICH 205

  22. (S) Minutes (STRA)

  23. (S) Heard & Held

  24. (S) TRANSPORTATION at 01:30 PM BUTROVICH 205

  25. (S) TRA

  26. (S) READ THE FIRST TIME - REFERRALS

  27. (H) VERSION: CSHB 128(TRA)

  28. (H) TRANSMITTED TO (S)

  29. (H) EFFECTIVE DATE(S) SAME AS PASSAGE

  30. (H) PASSED Y39 E1

  31. (H) READ THE THIRD TIME CSHB 128(TRA)

  32. (H) ADVANCED TO THIRD READING 4/28 CALENDAR

  33. (H) TRA CS ADOPTED Y38 N1 E1

  34. (H) READ THE SECOND TIME

  35. (H) RULES TO CALENDAR 4/26/2023

  36. (H) FN1: ZERO(DEC)

  37. (H) DP: STUTES, MINA, SUMNER, C.JOHNSON, MCKAY, VANCE, MCCABE

  38. (H) TRA RPT CS(TRA) NEW TITLE 7DP

  39. (H) Minutes (HTRA)

  40. (H) Moved CSHB 128(TRA) Out of Committee -- Please Note Location Change --

  41. (H) TRANSPORTATION at 01:00 PM DAVIS 106

  42. (H) Minutes (HTRA)

  43. (H) Heard & Held

  44. (H) TRANSPORTATION at 01:00 PM BARNES 124

  45. (H) Minutes (HTRA)

  46. (H) Heard & Held

  47. (H) TRANSPORTATION at 01:00 PM BARNES 124

  48. (H) Minutes (HTRA)

  49. (H) Heard & Held

  50. (H) TRANSPORTATION at 01:00 PM BARNES 124

  51. (H) TRA

  52. (H) READ THE FIRST TIME - REFERRALS

Sponsors

  • House Transportation · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 64 not signed on

Sponsors (1)

  • House Transportation

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

Show all 64 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

environment transportation
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Frequently asked questions

Who sponsors HB 128?
HB 128 is sponsored by House Transportation.
What is the current status of HB 128?
This bill has been enacted into law. Introduced March 22, 2023. Enacted.
Where can I track HB 128?
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