CALENDAR FOR THURSDAY, JUNE 11, 2009
[The
Senate will meet at one o’clock P.M.]
________________
THIRD
READING MATTERS.
16. [S. 2078] Bill providing for the Uniform Prudent Management of
Institutional Funds (Senate, No. 2078, amended). 3d. [Creem.]
[On Senate, No. 1783.]
[From the committee on
the Judiciary.]
[Amended by the Senate on recommendation of the committee on Ways and Means (Panagiotakos) in section 8, by striking it in its entirety and inserting in place thereof the following:- “This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103 of that act, 15 U.S.C. Section 7003(b).”]
17. [H. 4119] Bill (H.) preventing oil spills in Buzzards Bay (House, No. 4119). 3d.
[On House, No. 810.]
[From the committee on Environment, Natural Resources and Agriculture.]
[Amended by the Senate on
recommendation of the committee on Ways and Means (Panagiotakos) in section 1
by striking out, in line 9, the words “denies boarding to” and inserting in
place thereof the following words:- “fails to request”;
In section 2 in the definition of
“state-provided tugboat escort”, by
striking out clauses (i) to (iv), inclusive, and inserting in place thereof the
following 3 clauses:- “(i) twin radar
displays equipped with ECDIS or ARPA capable of integrating AIS; (ii) a towing
winch and associated wire and gear capable of towing, at minimum, a 470 foot
fully loaded tank vessel; and (iii) fire
fighting equipment as determined adequate by the commissioner pursuant to
subsection (c) of section 6.”;
“By inserting after section 3 the
following 4 sections:-
SECTION 3A. Subsection (a)
of section 8 of said chapter 21M is
hereby amended by striking out the words ‘rescue tugs’, inserted by section 6 of chapter 268 of the
acts of 2008, and inserting in place thereof the following words:- ‘state-provided tugboat escorts’.
SECTION 3B. Subsection (c) of said section 8 of said chapter 21M is hereby amended
by striking out clause (1), as amended by section 7 of chapter 268 of the acts
of 2008 and inserting in place thereof the following clause:- (1) A uniform oil
spill response and prevention fee in an amount not exceeding $.05 for each
barrel of petroleum product shall be imposed upon a person owning petroleum
products at the time the petroleum products are received at a marine terminal
within the commonwealth by means of a vessel from a point of origin outside the
commonwealth; provided, however,
that the fee shall be remitted to the department of revenue on the
thirtieth day of each month based upon the number of barrels of petroleum
products received during the preceding month; provided further, that on or after July 1, 2015, if the commissioner
calculates that the financial burden placed upon the commonwealth by the
increase of covered vessels under the state escort tug program is sufficiently
greater than the resources provided by the fee, the commissioner may increase
the fee to not more than $.07 for each barrel of petroleum product; and
provided further, that the commissioner submit a report justifying an increase
to a rate higher than $.05 per barrel to the house and senate committees on
ways and means and to the joint committee on environment, natural resources and
agriculture at least 90 days before the effective date of the increase.
SECTION 3C. Clause (10)of
subsection (d) of said section 8 of said chapter 21M, added by section 10 of
said chapter 268 of the acts of 2008, is hereby amended by striking out the
words ‘rescue tugs’ and inserting in place thereof the following words:- ‘state-provided
tugboat escorts’.
SECTION 3D. Subclause (vii) of
clause (1) of subsection (f) of said section 8 of said chapter 21M, added by
section 12 of said chapter 268 of the acts of 2008, is hereby amended by
striking out the words ‘rescue tugs’ and inserting in place thereof the
following words:- ‘state-provided tugboat escorts’.”; and
By striking out section 4 and inserting in place thereof the following
section:-
“SECTION 4. Said chapter 21M is hereby further amended
by striking out section 9, inserted by section 13 of chapter 268 of the acts of
2008, and inserting in place thereof the following section:-
Section 9. (a) An owner or operator of
a tank vessel carrying 6,000 or
more barrels of oil may provide 24-hour notice to
the department, in a manner to be determined by the department, of the owner or
operator’s intent to enter or operate such vessel in Buzzards Bay.
(b) If 24-hour notice is given, pursuant to subsection (a) and the
tank vessel is unaccompanied by a tugboat escort, the commissioner shall
dispatch a state pilot, if requested by the owner or operator, to the towing
vessel.
(c) The commissioner shall dispatch a state-provided tugboat escort
in Buzzards Bay to escort a tank vessel carrying 6,000 or more barrels of oil
entering or operating in Buzzards Bay and otherwise unaccompanied by a tugboat
escort.
(d) The state pilot or operator of the state-provided tugboat escort
shall report to the commissioner all near and actual navigational incidents
that could potentially lead to an oil spill including, but not limited to, the
following: tank vessels traveling outside of the designated vessel route as
appearing on the National Oceanic and Atmospheric Administration chart for
Buzzards Bay; failure to use AIS; near or actual collisions, allisions or
groundings; steering or engine failures; and towing gear
failures. The commissioner shall record, make available to the
public and keep on file these reports for not less than 10 years.
(e) Notwithstanding subsections (b) and (c), the commissioner shall
not dispatch a state-provided tugboat escort and state pilot if the department
determines that exigent circumstances exist. No such determination shall be construed to relieve or otherwise limit
the liability of an owner or operator of a tank vessel for any release of oil
that occurs while the tank vessel enters or operates in Buzzards
Bay. The commissioner shall report annually on January 1, to
the joint committee on the environment, natural resources and agriculture and
in the Environmental Monitor, a publication of the executive office of energy
and environmental affairs, the number of occasions that such exemptions were
authorized.
(f) The commissioner shall adopt regulations for the implementation
and enforcement of this section including, but not limited to, the dispatching
of state pilots, manning requirements and the dispatching of state-provided
tugboat escorts.
(g) The commissioner, after a competitive
bidding process, may evaluate such bids and may enter into contracts with
companies to dispatch and provide state-provided tugboat escorts, which meet or
exceed the standards required under this section.”]
NOTICE SECTION.
THIRD
READING MATTERS.
13.
[S. 114] Bill authorizing the town of
Charlton to grant an additional
[Local approval received.]
[From the committee on
Consumer Protection and Professional Licensure.]