Legislature(2015 - 2016)BARNES 124
03/17/2016 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB209 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 209 | TELECONFERENCED | |
| *+ | HB 240 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 17, 2016
8:05 a.m.
MEMBERS PRESENT
Representative Cathy Tilton, Chair
Representative Paul Seaton, Vice Chair
Representative Shelley Hughes
Representative Benjamin Nageak
Representative Lora Reinbold
Representative Harriet Drummond
Representative Dan Ortiz
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 209
"An Act relating to an Alaska Water and Sewer Advisory
Committee; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 240
"An Act relating to the reinstatement of Native corporations;
and providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 209
SHORT TITLE: WATER AND SEWER ADVISORY COMMITTEE
SPONSOR(s): REPRESENTATIVE(s) FOSTER
04/19/15 (H) READ THE FIRST TIME - REFERRALS
04/19/15 (H) CRA, FIN
03/17/16 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
PAUL LABOLLE, Staff
Representative Neal Foster
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 209 on behalf of
Representative Foster, prime sponsor.
BILL GRIFFITH, Manager
Facility Programs
Division of Water
Department of Environmental Conservation (DEC)
Anchorage, Alaska
POSITION STATEMENT: Responded to questions, during the hearing
on HB 209.
ACTION NARRATIVE
8:05:09 AM
CHAIR CATHY TILTON called the House Community and Regional
Affairs Standing Committee meeting to order at 8:05 a.m.
Representatives Seaton, Reinbold, Ortiz, and Tilton were present
at the call to order. Representatives Drummond, Hughes, and
Nageak arrived as the meeting was in progress.
HB 209-WATER AND SEWER ADVISORY COMMITTEE
8:05:59 AM
CHAIR TILTON announced that the only order of business would be
HOUSE BILL NO. 209 "An Act relating to an Alaska Water and Sewer
Advisory Committee; and providing for an effective date."
8:06:42 AM
PAUL LABOLLE, Staff, Representative Neal Foster, Alaska State
Legislature, explained that HB 209 would establish a water/sewer
advisory committee with the primary intent of reviewing and
recommending how to best apply the available state and federal
funds to the needs of rural communities. Currently, the
available, combined state and federal funding stands at
approximately $51.5 million; however, the outstanding need,
estimated as of 2011, is $410 million. The sponsor does not
expect that further funding will be made available and, as such,
proposes that a task force be convened to make determinations on
how to cost effectively approach the rural sanitation problems.
It is proposed that the committee be seated with nine members,
which would include: two members from the House of
Representatives, two members from the Senate, one federal agency
member, one state agency member, one public civil engineer, and
two public members residing in rural Alaska. The committee
members would be serving on a volunteer basis and, he pointed
out, receive no reimbursements for per diem or travel expenses;
the use of electronic communications methods would be
encouraged. He said the committee would generate a report for
presentation to the legislature. He directed attention to HB
209 as introduced in 2015, to indicate the timeline which would
need to be revisited in the final bill draft, which are: page
3, line 2, report due date of 12/31/16; page 3, line 4, report
availability on the first day of the 2017 regular legislative
session; and page 4, line 5, the repeal date would need to
conform with all other date adjustments.
8:10:01 AM
REPRESENTATIVE REINBOLD asked for clarity regarding the funding
level and the outstanding need estimate.
MR. LABOLLE explained that an annual amount of approximately $51
million has been available via a state match of federal funds.
Each year the state has made a minimal payment to receive the
federal dollars. To a follow-up question he said that the funds
are for statewide use, as provided through the Department of
Environmental Conservation (DEC), and the projects are run by
Village Safe Water (VSW) and the Alaska Native Tribal Health
Consortium. The $410 million represents an outdated total for
outstanding needs, and he deferred to the department for further
response.
8:11:45 AM
BILL GRIFFITH, Manager, Facility Programs, Division of Water,
Department of Environmental Conservation (DEC), said the
department collaborates with the consortium to maintain a list
of all water and sewer needs in rural communities. The list is
updated each year, and the 2016 total is in the midst of being
finalized. The numbers are available for 2015, he said, and
reported that the current figure for what is considered critical
human health related projects stands at $850 million.
8:12:40 AM
REPRESENTATIVE REINBOLD expressed shock at the substantial
increase.
MR. GRIFFITH indicated that the figure has been on a steady
increase each year. The annual funding shortfalls leave a
continually expanding gap, as well as needs that remain
unaddressed.
8:13:09 AM
REPRESENTATIVE SEATON referred to the sponsor statement and
paraphrased from paragraph 6, which reads [original punctuation
provided]:
There are emerging systems and new technologies that
will need to be part of the answer. We need a
comprehensive look at which solutions are available
and which ones fit our conditions. We also need to
ensure that we are not building ourselves a financial
burden that cannot be sustained.
REPRESENTATIVE SEATON asked for examples of the emerging systems
and technologies referred to, and if any are currently in use in
Alaskan communities.
MR. LABOLLE responded that only a few exist. The North Slope
uses AWWS [Advanced WasteWater Specialists, LLC] with frequency,
he reported. Whether a system such as AWWS is advisable for
application in situations larger that man-camps, he said, is the
sort of thing that the committee would review.
8:14:20 AM
REPRESENTATIVE NAGEAK ascertained that the current capital
budget contains $51.5 million available for use, and asked for
the estimated cost of the least expensive project.
MR. LABOLLE deferred.
8:15:16 AM
MR. GRIFFITH answered that the current database contains between
700-800 projects. The high end projects are specific to provide
first time running water and sewer to communities and the cost
range is $20-$40 million. The lower end projects involve
activities such as improvements to bring a water treatment plant
into full regulatory compliance or improving a damaged water
source, which range upwards from about $100,000.
REPRESENTATIVE NAGEAK reported that [District 40] suffers a
range of disparity from outdated water/sewer projects, which are
reflective of Third World conditions; conditions he has
witnessed throughout the state. He conjectured that there is
funding for the road system communities but not for rural
Alaska, and pressed for a means to identify how to approach and
adjust for this problem.
8:18:53 AM
REPRESENTATIVE ORTIZ asked whether the annual $51 million has
been utilized each year without the benefit of an advisory
committee.
MR. LABOLLE responded, "Yes," and added that VSW runs a very
competent program. He elaborated that the committee would
review the system, and identify ways and means to best approach
each project, thus maximizing the use of the available resources
and minimizing the short fall on completed projects.
REPRESENTATIVE ORTIZ requested an estimate of the number of
communities, including populations, which are listed at the
project entry stage; lacking running water or established sewage
systems.
MR. LABOLLE indicated that the figure he has does not break out
the entry stage population from communities which are awaiting
upgrades and deferred further comment.
8:20:55 AM
MR. GRIFFITH stated that an annual report is routinely
completed, which indicates that about 3,600 homes are lacking
water/sewer service, representing a population of approximately
11,000, and situated in 30 communities. Some of the homes are
located in communities with water/sewer service but are not
hooked-up, while the remainder are found in areas lacking a
community system.
8:21:45 AM
CHAIR TILTON inquired as to the availability of a written
report.
MR. GRIFFITH noted that a number of handouts are available and
offered to provide the committee with copies.
CHAIR TILTON asked whether information describing the 800
projects is documented and transferable.
MR. GRIFFITH offered to send a summary of each project to the
committee, based on the available database.
8:23:14 AM
CHAIR TILTON directed attention to the bill packet and the
handout dated 3/15/2016, with the header line reading, "Article
7 - Health, Education and Welfare," to ask how the bill relates
to the Alaska Constitution.
MR. LABOLLE turned to the proposed bill page 1, line 9, and
paraphrased the language, which read as follows [original
punctuation provided]:
In an effort to protect the public health and welfare
of the state's citizens and promote healthy
communities, the legislature finds that it is the
responsibility of the legislature to ensure that safe
and sustainable water and sewer systems are provided
for all communities of the state.
MR. LABOLLE said public safety and welfare is established under
Article 7 of the Alaska Constitution, to wit:
Section 4. Public Health: The legislature shall
provide for the promotion and protection of public
health.
Section 5. Public Welfare: The legislature shall
provide for public welfare.
8:24:37 AM
REPRESENTATIVE SEATON referred to the proposed bill page 1, line
[11], and paraphrased the language, which read as follows:
... ensure safe and sustainable water and sewer
systems are provided for all state residents.
REPRESENTATIVE SEATON expressed an interest in amending this
language to read "all communities," to alleviate the state from
the responsibility of providing safe water/sewer to someone who
chooses to live privately off the grid. He maintained that the
state's responsibility is to the public, as the public, and not
to private citizens.
MR. LABOLLE assured that such an amendment would be welcomed by
the sponsor.
8:25:51 AM
REPRESENTATIVE HUGHES offered personal appreciation for the
sponsor's intent for the bill, and recounted the five years she
lived off the grid in Seward, including handwashing cloth
diapers, and later in Bethel where she experienced life with
honey buckets. These conveniences are greatly appreciated when
you have gone without, she opined, but agreed with
Representative Seaton that some people choose to live off the
grid removed from state responsibility.
8:27:27 AM
CHAIR TILTON asked about recommendations for the make-up of a
Bush caucus, to be seated on the committee.
MR. LABOLLE said the bill was originally drafted by Senator
Kookesh, with language indicating that the committee members,
"shall be made by the Bush caucus." The Bush caucus is defined
in HB 209 but lacks a concise definition. He suggested that the
committee consider clarifying the language, and added that the
appointments could be made by a single entity, such as the
Senate President, Speaker of House, or a commissioner.
8:28:39 AM
REPRESENTATIVE NAGEAK returned to Representative Seaton's
comments, and stated his belief that it's necessary to look into
providing services in areas where people don't have the means to
do anything. Getting safe water to every village and
eradicating the use of honey buckets, would reduce sickness, he
opined, and stressed the need to make in-roads for improving the
lives of rural Alaskans.
8:31:33 AM
CHAIR TILTON directed attention to the proposed bill page 3,
line 30, which reads as follows [original punctuation provided]:
(i) In this section, "bush caucus" means a group of
legislators that represents rural areas of the state.
CHAIR TILTON said her office would assist in drafting language
to clarify this section of the bill.
[HB 209 was held over.]
8:32:40 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 8:33 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 240 Supporting Documents-ANVCA Fact Sheet.pdf |
HCRA 3/17/2016 8:00:00 AM |
HB 240 |
| HB 240 Sponsor Statement.pdf |
HCRA 3/17/2016 8:00:00 AM |
HB 240 |
| HB 209 Supporting Documents AK constitution.pdf |
HCRA 3/17/2016 8:00:00 AM |
HB 209 |
| HB 209 Supporting Documents Unserved_Communities_Feb2015.pdf |
HCRA 3/17/2016 8:00:00 AM |
HB 209 |
| HB 209 VSW Petroleum Revenue and PFD payouts.pdf |
HCRA 3/17/2016 8:00:00 AM |
HB 209 |
| HB 209 Supporting Documents Water_Sewer_Systems_Feb2015.pdf |
HCRA 3/17/2016 8:00:00 AM |
HB 209 |
| HB 209 Sponsor Statement.pdf |
HCRA 3/17/2016 8:00:00 AM |
HB 209 |
| HB 209 VSW Supporting Documents DEC funding.pdf |
HCRA 3/17/2016 8:00:00 AM |
HB 209 |