Legislature(2023 - 2024)BUTROVICH 205

05/12/2023 03:30 PM Senate RESOURCES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
**Streamed live on AKL.tv**
*+ SJR 12 SECTION 404 CWA PERMIT PROGRAM TELECONFERENCED
Moved SJR 12 Out of Committee
Uniform Rule 23 Waived
-- Public Testimony --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= HB 104 TIMBER SALE: EXPEDITED/SALVAGE/NEGOTIATED TELECONFERENCED
Heard & Held
+= SB 69 GEOTHERMAL RESOURCES TELECONFERENCED
Heard & Held
        HB 104-TIMBER SALE: EXPEDITED/SALVAGE/NEGOTIATED                                                                    
                                                                                                                                
3:56:43 PM                                                                                                                    
CO-CHAIR  BISHOP   reconvened  the  meeting  and   announced  the                                                               
consideration  of CS  FOR  HOUSE  BILL NO.  104(RES)  am "An  Act                                                               
relating to salvage sales of  timber, negotiated timber sales for                                                               
local manufacture  of wood products, and  expedited timber sales;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
He  noted  there  was  a  Senate  committee  substitute  for  the                                                               
committee to consider.                                                                                                          
                                                                                                                                
3:56:52 PM                                                                                                                    
CO-CHAIR GIESSEL  moved to adopt the  Senate committee substitute                                                               
(SCS)  for  HB  104,  work  order  33-LS0474\D,  as  the  working                                                               
document.                                                                                                                       
                                                                                                                                
3:57:04 PM                                                                                                                    
CO-CHAIR BISHOP objected for purposes of discussion.                                                                            
                                                                                                                                
3:57:47 PM                                                                                                                    
ANNE  RITTGERS,  Staff,  Co-Chair   Click  Bishop,  Alaska  State                                                               
Legislature,  Juneau,   Alaska,  presented  the   explanation  of                                                               
changes from U to D for HB 104.                                                                                                 
                                                                                                                                
     SUMMARY                                                                                                                    
     1. SRES CS \D simplifies and expedites the negotiated                                                                      
        timber sale process.                                                                                                    
                                                                                                                                
     2. SRES CS \D retains the usual Department of Natural                                                                      
        Resources  (DNR)  public   processes  to   meet  the                                                                    
        constitutional requirement to give public notice for                                                                    
        disposals of natural resources:                                                                                         
                                                                                                                                
          Article  VIII,  Section   10.  Public  Notice.  No                                                                    
          disposals or  leases of state lands,  or interests                                                                    
          therein,  shall  be   made  without  prior  public                                                                    
          notice   and  other   safeguards  of   the  public                                                                    
          interest as may be prescribed by law.                                                                                 
                                                                                                                                
         3. SRES CS \D retains the local manufacturing                                                                          
        requirement for negotiated sales; if logs  are to be                                                                    
        sold as  export (not  manufactured locally),  timber                                                                    
        sales must  be  sold  competitively.  This  protects                                                                    
        local manufacturers'  advantage to  negotiate timber                                                                    
        sales, since they  create local jobs  and contribute                                                                    
        more to the local  and state economy than  a company                                                                    
        focusing on export sales.                                                                                               
                                                                                                                                
     4. SRES CS \D creates the requirement for a DNR report                                                                     
        to  the   Legislature   during   the  2024   session                                                                    
        describing each timber sale  in detail and  how long                                                                    
        they took  to  implement. It  also  requires DNR  to                                                                    
        describe timber sales that did not  occur because of                                                                    
        loss of value  and asks  for information  that would                                                                    
        increase  timber  sales  and   improve  timber  sale                                                                    
        procedures.                                                                                                             
                                                                                                                                
                                                                                                                                
CO-CHAIR  BISHOP stated  his intention  to adopt  the Senate  CS,                                                               
hear from the  commissioner, and hold the bill  in committee over                                                               
the Interim.                                                                                                                    
                                                                                                                                
3:59:00 PM                                                                                                                    
JOHN  BOYLE,  Commissioner,   Department  of  Natural  Resources,                                                               
Anchorage,  Alaska, stated  that DNR  supports the  intent of  HB
104. He's talked  to small harvesters and  manufacturers of local                                                               
wood products to get a sense  of how well DNR has been performing                                                               
in the area  getting timber out to sale and  whether the existing                                                               
statutes, regulations,  and procedures  are apposite to  what the                                                               
industry needs.  He said DNR recognizes  it needs to take  a hard                                                               
look  at how  it is  managing and  interacting with  the industry                                                               
that is utilizing state forested  land. He reminded the committee                                                               
that  last year  DNR brought  in about  $1.5 million  from timber                                                               
sales statewide. Over  that same time, the  department spent $120                                                               
million  putting  out  wildfires,   which  is  indicative  of  an                                                               
imbalance.  He  said countries  in  similar  latitudes that  have                                                               
similar climates and similar forests  have timber industries that                                                               
produce board  feet of timber  an order of magnitude  larger than                                                               
Alaska, which suggests  there is more that Alaska can  do in this                                                               
space.                                                                                                                          
                                                                                                                                
He opined  that a small step  is to streamline and  simplify some                                                               
of the  processes. HB 104  works to  that end by  lengthening the                                                               
terms of the lease sales for  operators. This will make it easier                                                               
to  access  financing  to  produce more  lumber  and  grow  their                                                               
businesses. He talked about the  unmet demand he's seen for local                                                               
lumber and the department's desire  to make small changes to help                                                               
operators meet that demand.                                                                                                     
                                                                                                                                
COMMISSIONER  BOYLE  stated  that   he  had  already  tasked  the                                                               
Division of Forestry and Fire  Protection to take a holistic look                                                               
at the  existing framework  of regulations  and statutes  to find                                                               
ways  to  better  monetize  state forests  and  grow  the  timber                                                               
industry in  the state. This  will take active  forest management                                                               
which  includes the  carbon bill  and more  aggressive replanting                                                               
after  wildfires with  higher  quality  merchantable timber.  The                                                               
idea is  to close the  current monetary imbalance  between timber                                                               
sales and the cost of fighting wildfires.                                                                                       
                                                                                                                                
COMMISSIONER BOYLE  continued that  HB 104  enables DNR  to offer                                                               
timber  at  less  than  appraised  value  when  it  will  benefit                                                               
communities, help  grow the  industry, and  bring revenue  to the                                                               
state. He said he looks  forward to bringing a more comprehensive                                                               
package to the committee next session.                                                                                          
                                                                                                                                
4:05:49 PM                                                                                                                    
SENATOR DUNBAR referenced  Section 5 of the SCS  that repeals the                                                               
section on base  price and Section 4 that authorizes  the sale of                                                               
timber at  less than  the appraised  value; he  expressed concern                                                               
about creating a monopsony, which  is a market situation in which                                                               
there is only  one buyer. He suggested that it  would be easy for                                                               
some commissioner in  the future to cut a sweetheart  deal with a                                                               
manufacturer that is far below  the appraised value. He asked the                                                               
commissioner for  his thoughts and  whether some sideboards  or a                                                               
floor  could be  added to  protect the  state from  that sort  of                                                               
behavior.                                                                                                                       
                                                                                                                                
COMMISSIONER BOYLE  replied that  he didn't see  that as  a great                                                               
risk  to the  state given  that the  current revenue  from timber                                                               
sales is less  than $1.5 million per year. He  relayed his belief                                                               
that the  more DNR  can promote and  incent local  operators, the                                                               
better it  will be  for the  state even if  it isn't  getting top                                                               
dollar for  its timber in  all instances. The  offsetting benefit                                                               
is  the  potential for  such  sales  to increase  investment  and                                                               
employment opportunities and lower  the cost of building supplies                                                               
in small  rural communities  that are off  the main  Railbelt. He                                                               
added that  the intent  is to ultimately  grow the  revenue share                                                               
and have high  quality trees to sell in the  quantities needed to                                                               
attract significant  investors who  will produce  more commercial                                                               
amounts of lumber in the state.                                                                                                 
                                                                                                                                
4:10:04 PM                                                                                                                    
SENATOR  KAUFMAN commented  that the  total value  calculation of                                                               
the timber will include the reduction  in fire risk once the dead                                                               
and standing fuels are removed.  The timber is worth nothing left                                                               
in situ but it is a liability if it ignites in a wildfire.                                                                      
                                                                                                                                
4:10:53 PM                                                                                                                    
CO-CHAIR BISHOP  commented that  if the  state is  only receiving                                                               
$1.5 million/year in  timber revenue, there was a lot  of room to                                                               
grow  the  industry  to  provide revenue  for  the  treasury.  He                                                               
described  the   vibrant  timber-based  economies   in  Southeast                                                               
communities when he  was growing up and noted that  in the 1960s,                                                               
Ketchikan was  the third largest city  in the state.   He thanked                                                               
the  sponsor for  raising the  bar to  grow the  timber industry.                                                               
Making it possible for DNR to  process sales faster and have more                                                               
flexibility to  evaluate the kinds  of sales will  provide untold                                                               
opportunities. He described  the requirement in the  bill for DNR                                                               
to provide an annual report to the legislature as valuable.                                                                     
                                                                                                                                
4:13:04 PM                                                                                                                    
CO-CHAIR  GIESSEL said  she and  her  husband burn  beetle-killed                                                               
wood and it's not unusual to  find live beetles in the house. She                                                               
asked Mr. Eng  how the people who harvest and  burn this wood can                                                               
keep from spreading the infestation.                                                                                            
                                                                                                                                
4:13:55 PM                                                                                                                    
SENATOR CLAMAN joined the committee.                                                                                            
                                                                                                                                
4:14:03 PM                                                                                                                    
HELGE ENG, State Forester and  Director, Division of Forestry and                                                               
Fire   Protection,  Department   of   Natural  Resources   (DNR),                                                               
Anchorage, Alaska,  stated that spreading beetle  infestations is                                                               
always  a  concern but  it's  important  to understand  that  the                                                               
beetle  is  endemic  so background  levels  are  always  present.                                                               
Avoiding the  spread of  the beetle is  best done  by maintaining                                                               
healthy  forests that  are able  to resist  beetle epidemics.  He                                                               
also advocated  for burning  firewood as close  to the  source as                                                               
possible.                                                                                                                       
                                                                                                                                
4:15:12 PM                                                                                                                    
SENATOR DUNBAR pointed out that  as currently drafted, the report                                                               
to the  legislature that is outlined  in Section 6 of  the Senate                                                               
CS is  not ongoing. He said  some of his concern  relating to the                                                               
lack of a floor on these  sales would be alleviated if the report                                                               
were  recurring.  Acknowledging  that ongoing  reports  are  time                                                               
consuming  and  costly,  he  asked about  the  possibility  of  a                                                               
revenue-based trigger provision for the report.                                                                                 
                                                                                                                                
COMMISSIONER BOYLE said  he didn't believe DNR would  object to a                                                               
revenue-based trigger provision for the reports.                                                                                
                                                                                                                                
CO-CHAIR  BISHOP opined  that Section  6 needed  work in  several                                                               
areas.                                                                                                                          
                                                                                                                                
4:17:54 PM                                                                                                                    
SENATOR  KAUFMAN   suggested  the   drafters  add   an  inflation                                                               
adjustment measure  to the reporting  requirement. He  also asked                                                               
whether  kiln dried  lumber  produced by  this  process would  be                                                               
better at  attenuating the  beetle infestation  than transporting                                                               
the timber as firewood.                                                                                                         
                                                                                                                                
COMMISSIONER BOYLE deferred the question to Mr. Eng.                                                                            
                                                                                                                                
4:18:55 PM                                                                                                                    
MR.  ENG stated  that  kiln  drying isn't  required  to kill  the                                                               
beetles; the beetles also die when the wood is air dried.                                                                       
                                                                                                                                
4:19:22 PM                                                                                                                    
CO-CHAIR  BISHOP  removed  his   objection;  finding  no  further                                                               
objection, the Senate CS for HB 104 was adopted.                                                                                
                                                                                                                                
He invited Mr. Stancliff to provide closing comments.                                                                           
                                                                                                                                
4:19:40 PM                                                                                                                    
DAVE STANCLIFF,  Staff, Representative  Mike Cronk,  Alaska State                                                               
Legislature, Juneau,  Alaska, stated  that the sponsor  views the                                                               
Senate CS as a negotiated  compromise with the administration and                                                               
the committee.  The goal is  to turn a withering  timber industry                                                               
into  a  vibrant industry.  The  administration  has assured  the                                                               
sponsor  that   the  division  will  perform   more  quickly  and                                                               
efficiently as outlined in the report to the legislature.                                                                       
                                                                                                                                
4:21:20 PM                                                                                                                    
CO-CHAIR BISHOP held HB 104 in committee.                                                                                       

Document Name Date/Time Subjects
SJR 12 Sponsor Statement v A 05.12.23.pdf SRES 5/12/2023 3:30:00 PM
SJR 12
SJR 12 Support Document - DEC 404 FAQ.pdf SRES 5/12/2023 3:30:00 PM
SJR 12
SJR 12 Support Document - DEC 404 Assumption Cheat Sheet.pdf SRES 5/12/2023 3:30:00 PM
SJR 12
SJR 12 Fiscal Note 05.12.23.pdf SRES 5/12/2023 3:30:00 PM
SJR 12
HB 104 CS WORKDRAFT Version D 05.12.23.pdf SRES 5/12/2023 3:30:00 PM
HB 104
SJR 12 Amendment #1.pdf SRES 5/12/2023 3:30:00 PM
SJR 12
HB 104 Explanation of Changes Ver. U.A to Ver. D 05.12.23.pdf SRES 5/12/2023 3:30:00 PM
HB 104