SB 275: "An Act relating to certain fees or other monetary charges of the Department of Environmental Conservation; relating to action against Department of Environmental Conservation permits and other authorizations for failure to pay a monetary charge; and providing for an effective date."
00 SENATE BILL NO. 275 01 "An Act relating to certain fees or other monetary charges of the Department of 02 Environmental Conservation; relating to action against Department of Environmental 03 Conservation permits and other authorizations for failure to pay a monetary charge; 04 and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 44.46.025(a) is amended to read: 07 (a) Except as otherwise provided in AS 37.10.050 - 37.10.056, the Department 08 of Environmental Conservation may adopt regulations that prescribe reasonable fees, 09 and establish procedures for the collection of those fees, to cover the applicable direct 10 costs [, NOT INCLUDING TRAVEL EXCEPT IN THE CASE OF A DESIGNATED 11 REGULATORY SERVICE, AS THAT TERM IS DEFINED IN AS 37.10.058,] of 12 inspections, permit preparation and administration, plan review and approval, and 13 other services provided by the department relating to 14 (1) agriculture and animals under AS 03.05; food, drugs, and
01 cosmetics under AS 17.20; and public accommodations and facilities under AS 18.35; 02 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 03 46.14.510; 04 (3) sewerage system and treatment works and wastewater disposal 05 systems, and drinking water systems, under AS 46.03.720; 06 (4) water and wastewater operator training under AS 46.30; 07 (5) control of solid waste facilities under AS 46.03.020(10) and 08 46.03.100; 09 (6) certification of laboratories conducting environmental analyses of 10 public drinking water systems or of oil or hazardous substances, or conducting other 11 analyses required by the department; 12 (7) certification of federal permits or authorizations under 33 U.S.C. 13 1341 (sec. 401, Clean Water Act); 14 (8) pesticides under AS 46.03.320 and 46.03.330; 15 (9) the state seafood and food safety laboratory; 16 (10) oil discharge prevention and contingency plans for noncrude 17 oil operations under AS 46.04.030 and 46.04.055; and 18 (11) proof of financial responsibility for noncrude oil operations 19 under AS 46.04.040 and 46.04.055. 20 * Sec. 2. AS 44.46.025 is amended by adding new subsections to read: 21 (e) The department may include travel costs in the fees adopted by regulation 22 under (a) of this section. 23 (f) In this section, unless the context otherwise requires, 24 (1) "exploration facility" has the meaning given in AS 46.04.900; 25 (2) "noncrude oil operations" 26 (A) means an oil terminal facility, oil barge, tank vessel, 27 nontank vessel, or railroad tank car, that stores or transports petroleum 28 products derived from crude oil; 29 (B) does not include an exploration facility or production 30 facility, or a tank vessel, oil barge, oil terminal facility, pipeline, or railroad 31 tank car, that stores or transports crude oil;
01 (3) "nontank vessel" has the meaning given in AS 46.04.900; 02 (4) "oil barge" has the meaning given in AS 46.04.900; 03 (5) "oil terminal facility" has the meaning given in AS 46.04.900; 04 (6) "pipeline" has the meaning given in AS 46.04.900; 05 (7) "production facility" has the meaning given in AS 46.04.900; 06 (8) "railroad tank car" has the meaning given in AS 46.04.900; 07 (9) "tank vessel" has the meaning given in AS 46.04.900. 08 * Sec. 3. AS 44.46 is amended by adding a new section to read: 09 Sec. 44.46.027. Late fees; action against department authorization. (a) 10 The Department of Environmental Conservation may assess late fees against a person 11 who has failed to pay a monetary charge due to the department. The late fees must be 12 assessed on a monthly basis until the monetary charge is paid. 13 (b) The department shall adopt regulations to implement this section, 14 including regulations that prescribe fixed late fees to be assessed under this section. 15 Late fees assessed under this section may not exceed the estimated average reasonable 16 costs of the department in collecting unpaid and late monetary charges. The 17 department shall periodically review regulations adopted under this section, to identify 18 any changes in the average actual cost of collecting unpaid and late monetary charges 19 and, by regulation, adjust the late fees accordingly. 20 (c) If a person has failed to pay a monetary charge due to the department, the 21 department may, after 30 days' written notice to the person, revoke or refuse to issue, 22 modify, amend, or renew a permit, an approval, or any other department authorization 23 until payment of the monetary charge is made to the department. 24 (d) Application of this section does not preclude the application of any other 25 statutory provision or rule of law, including recovery of lost potential earnings on 26 money owed to the department. 27 (e) In this section, "monetary charge" includes a fee, fine, penalty, cost, or any 28 other monetary assessment due to the department. 29 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. (a) Except as provided in (b) of this section, this Act applies to
01 monetary charges due on or after the effective date of secs. 1 - 3 of this Act and to a permit, 02 an approval, or other authorization issued by the Department of Environmental Conservation 03 on or after the effective date of secs. 1 - 3 of this Act. 04 (b) If the Department of Environmental Conservation issued a permit, an approval, or 05 other authorization before the effective date of secs. 1 - 3 of this Act that requires that fees be 06 paid after the effective date of secs. 1 - 3 of this Act, the department may assess late fees 07 under AS 44.46.027(a) and (b), enacted by sec. 3 of this Act, for any delinquency in those 08 fees occurring on or after the effective date of secs. 1 - 3 of this Act. 09 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 TRANSITION: REGULATIONS. Nothwithstanding sec. 7 of this Act, the 12 Department of Environmental Conservation and the Department of Natural Resources may 13 proceed to adopt regulations necessary to implement their respective provisions of this Act. 14 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 15 effective date of the statutory changes. 16 * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c). 17 * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect July 1, 2004.