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HB0366a -1- HB 366
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HOUSE BILL NO. 366
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE HANNAN
Introduced: 2/23/26
Referred: Transportation, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to the use of heavy petroleum fuel oil as a marine fuel; relating to the 1
duties of the Department of Environmental Conservation; and providing for an effective 2
date." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 30 is amended by adding a new chapter to read: 5
Chapter 35. Marine Fuel. 6
Sec. 30.35.010. Marine fuel in coastal waters. Except as provided in this 7
chapter, a person may not use heavy petroleum fuel oil in an auxiliary engine or main 8
engine on a vessel operating within applicable waters. 9
Sec. 30.35.020. Exemptions. (a) A person operating a vessel is exempt from 10
the marine fuel requirements in this chapter during an ocean-going voyage that 11
consists of continuous and expeditious navigation through applicable waters for the 12
purpose of traversing the applicable waters without entering internal or estuarine 13
waters of the state or calling at a port in the state. In this subsection, 14
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(1) "continuous and expeditious navigation" includes stopping and 1
anchoring only if stopping and anchoring are required by the United States Coast 2
Guard, rendered necessary by force majeure or distress, or made for the purpose of 3
rendering assistance to a person, vessel, or aircraft in danger or distress; 4
(2) "internal or estuarine waters" means a navigable river or waterway 5
within the state or an arm of the sea or ocean that extends inland to meet the mouth of 6
a river. 7
(b) A person operating a vessel is exempt from this chapter if use of heavy 8
petroleum fuel oil is necessary in an emergency, to avoid an imminent emergency, or 9
for the purpose of rendering assistance to a person, vessel, or aircraft in danger or 10
distress. 11
Sec. 30.35.030. Fines. The Department of Environmental Conservation shall 12
by regulation adopt a schedule of fines that a person may be required to pay for 13
operating a vessel with heavy petroleum fuel oil in violation of this chapter. 14
Sec. 30.35.050. Definitions. In this chapter, 15
(1) "applicable waters" has the meaning given to "applicable waters of 16
Alaska" in 33 CFR 159.305; 17
(2) "heavy petroleum fuel oil" means any marine fuel that has a 18
viscosity greater than 380 centistokes or a sulfur content that exceeds 0.1 percent by 19
weight; 20
(3) "vessel" has the meaning given in AS 46.03.490. 21
* Sec. 2. AS 46.03.020 is amended to read: 22
Sec. 46.03.020. Powers of the department. The department may 23
(1) enter into contracts and compliance agreements necessary or 24
convenient to carry out the functions, powers, and duties of the department; 25
(2) review and appraise programs and activities of state departments 26
and agencies in light of the policy set out in AS 46.03.010 for the purpose of 27
determining the extent to which the programs and activities are contributing to the 28
achievement of that policy and to make recommendations to the departments and 29
agencies, including environmental guidelines; 30
(3) consult with and cooperate with 31
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(A) officials and representatives of any nonprofit corporation or 1
organization in the state; 2
(B) persons, organizations, and groups, public and private, 3
using, served by, interested in, or concerned with the environment of the state; 4
(4) appear and participate in proceedings before any state or federal 5
regulatory agency involving or affecting the purposes of the department; 6
(5) undertake studies, inquiries, surveys, or analyses it may consider 7
essential to the accomplishment of the purposes of the department; these activities 8
may be carried out by the personnel of the department or in cooperation with public or 9
private agencies, including educational, civic, and research organizations, colleges, 10
universities, institutes, and foundations; 11
(6) at reasonable times, enter and inspect with the consent of the owner 12
or occupier any property or premises to investigate either actual or suspected sources 13
of pollution or contamination or to ascertain compliance or noncompliance with a 14
regulation that may be adopted under AS 46.03.020 - 46.03.040; information relating 15
to secret processes or methods of manufacture discovered during investigation is 16
confidential; 17
(7) conduct investigations and hold hearings and compel the 18
attendance of witnesses and the production of accounts, books, and documents by the 19
issuance of a subpoena; 20
(8) advise and cooperate with municipal, regional, and other local 21
agencies and officials in the state, to carry out the purposes of this chapter; 22
(9) act as the official agency of the state in all matters affecting the 23
purposes of the department under federal laws now or hereafter enacted; 24
(10) adopt regulations necessary to carry out the purposes of this 25
chapter, including regulations providing for 26
(A) control, prevention, and abatement of air, water, or land or 27
subsurface land pollution; 28
(B) safeguard standards for carbon dioxide, petroleum, and 29
natural gas pipeline construction, operation, modification, or alteration; 30
(C) protection of public water supplies by establishing 31
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minimum drinking water standards, and standards for the construction, 1
improvement, and maintenance of public water supply systems; 2
(D) collection and disposal of sewage and industrial waste; 3
(E) collection and disposal of garbage, refuse, and other 4
discarded solid materials from industrial, commercial, agricultural, and 5
community activities or operations; 6
(F) control of pesticides; 7
(G) other purposes as may be required for the implementation 8
of the policy declared in AS 46.03.010; 9
(H) handling, transportation, treatment, storage, and disposal of 10
hazardous wastes; 11
(11) inspect the premises of sellers and suppliers of paint, vessels, and 12
marine and boating supplies, and take other actions necessary to enforce 13
AS 46.03.715; 14
(12) notwithstanding any other provision of law, take all actions 15
necessary to receive authorization from the administrator of the United States 16
Environmental Protection Agency to administer and enforce a National Pollutant 17
Discharge Elimination System program in accordance with 33 U.S.C. 1342 (sec. 402, 18
Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), 40 C.F.R. Part 123, 19
and 40 C.F.R. Part 403, as amended; 20
(13) require the owner or operator of a facility to undertake 21
monitoring, sampling, and reporting activities described in 33 U.S.C. 1318 (sec. 308, 22
Clean Water Act); 23
(14) notwithstanding any other provision of law, take all actions 24
necessary to receive federal authorization of a state program for the department and 25
the Department of Natural Resources to administer and enforce a dredge and fill 26
permitting program allowed under 33 U.S.C. 1344 (sec. 404, Clean Water Act) and to 27
implement the program, if authorized; 28
(15) monitor, observe, and record data and information related to 29
vessels in applicable waters under AS 30.35. 30
* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 31
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HB0366a -5- HB 366
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read: 1
REPORT TO THE LEGISLATURE. The Department of Environmental Conservation 2
shall provide a report to the legislature by January 1, 2034, detailing implementation of 3
AS 30.35, enacted by sec. 1 of this Act. The department shall deliver the report to the senate 4
secretary and the chief clerk of the house of representatives and notify the legislature that the 5
report is available. 6
* Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 7
read: 8
TRANSITION: FUEL EXEMPTION FOR CERTAIN VESSELS. The Department of 9
Environmental Conservation may exempt a vessel from AS 30.35.010, enacted by sec. 1 of 10
this Act, and allow a person operating the vessel before January 1, 2030, to use heavy 11
petroleum fuel oil in an auxiliary engine or main engine of the vessel if the vessel cannot be 12
converted to operate using a fuel source other than heavy petroleum fuel oil. 13
* Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 14
read: 15
TRANSITION: REGULATIONS. The Department of Environmental Conservation 16
may adopt regulations necessary to implement the changes made by this Act. The regulations 17
take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date 18
of the law implemented by the regulation. 19
* Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c). 20
* Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect January 1, 2027. 21