Legislature(1993 - 1994)
05/07/1994 02:15 PM House FIN
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* first hearing in first committee of referral
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SB 310 An Act relating to the management and sale of state timber; relating to the classification of state land that would preclude harvesting of timber or would designate harvesting of timber as an incompatible use; relating to the administration of forest land, proposals for state forest, and the determination of sustained yield; and providing for an effective date. CS SB 310 (FIN) was HELD in Committee for further discussion. SENATE BILL 310 "An Act relating to the management and sale of state timber; relating to the classification of state land that would preclude harvesting of timber or would designate harvesting of timber as an incompatible use; relating to the administration of forest land, proposals for state forest, and the determination of sustained yield; and providing for an effective date." Representative Therriault MOVED to adopt HFC CS SB 310 (FIN), #8-LS1558\M, dated 5/07/94, as the version before the Committee. The work draft was prepared to include the first twenty-four amendments addressed in Subcommittee. There being NO OBJECTIONS, it was adopted. [Copies of the amendments are on file]. Representative Therriault MOVED to adopt Amendment #7. Representative Brown asked for further explanation of the relationship between the process indicated in the legislation and the best interest determination of the findings. RICK SOLIE, STAFF, SENATOR STEVE FRANK, explained that the provisions in SB 310 would apply and that the best interest findings would be made prior to a FMA under the general land classification process. THOMAS BOUTIN, DIRECTOR, DIVISION OF FORESTRY, DEPARTMENT OF NATURAL RESOURCES, agreed with Mr. Solie. There being NO OBJECTIONS, Amendment #7 was adopted. Co-Chair MacLean MOVED to adopt Amendment #16. She thought that there should be legislative approval of any FMA land 4 sales. Large scale land disposal should be approved by the Legislature. Representative Therriault OBJECTED noting that amendments had already been included which accept that all state agencies, including the Commissioner of Fish and Game, would have the right to review the final document. Co-Chair MacLean disagreed, pointing out that a new precedence was begun by establishing land disposal for timber harvesting and at the same time would establish a track record for operations. Representative Parnell opposed injecting the political process to one which he thought should create a more scientific and economic determination. Representative Brown spoke in support of the amendment. A roll call vote was taken on the MOTION. IN FAVOR: Hoffman, Navarre, Brown, Grussendorf, MacLean, Larson. OPPOSED: Hanley, Hoffman, Parnell, Therriault, Foster. The MOTION PASSED (6-5). (Tape Change, HFC 94-164, Side 1). Representative Grussendorf MOVED to adopt Amendment #23 which would reincorporate the Department of Fish and Game in the legislation. Representative Therriault noted that Senator Frank supported the amendment. Representative Brown commented that ten days was too short of a time for review of the final agreement. MCKIE CAMPBELL, DEPUTY COMMISSIONER, DEPARTMENT OF FISH AND GAME, acknowledged that if the Department of Fish and Game was involved that they should be able to do a turn around in ten days. There being NO OBJECTIONS to Amendment #23, it was adopted. Co-Chair Larson MOVED TO RESCIND previous action taken on Amendment #16 and MOVED an additional language change as follows: "Within ten days of the convening of a regular legislative session, the Governor shall transmit to the President of the Senate and the Speaker of the House of Representatives, any proposed final forest management agreement. If the legislature, by joint resolution, fails to disapprove the final forest management agreement within 45 days, it is 5 considered approved". Co-Chair MacLean spoke in support of the language change. Representative Brown thought that 45 days would not be enough time to go through both Houses of the Legislature. Representative Navarre OBJECTED to the language change. A roll call vote was taken on the MOTION to rescind previous action. IN FAVOR: Martin, Parnell, Therriault, Foster, Hanley, Larson, MacLean. OPPOSED: Hoffman, Navarre, Brown, Grussendorf. The MOTION PASSED (7-4). Co-Chair MacLean MOVED to adopt the new language for Amendment #16 as provided by Representative Larson. Representative Navarre MOVED TO AMEND the language by adding that: "The Legislature must vote within forty-five days, or it will be considered dead". Co-Chair MacLean OBJECTED. A roll call vote was taken on the MOTION. IN FAVOR: Navarre, Brown, Grussendorf, Hoffman. OPPOSED: Martin, Parnell, Therriault, Foster, Hanley, Larson, MacLean. The MOTION FAILED (4-7). Representative Martin OBJECTED to adopting the new Amendment A roll call vote was taken on the MOTION. IN FAVOR: Navarre, Parnell, Therriault, Brown, Foster, Grussendorf, Hanley, Hoffman, Larson, MacLean. OPPOSED: Martin. The MOTION PASSED (10-1). Representative Brown MOVED to adopt Amendment #24 which would restore the necessary contents to statute of a forest use land plan. Mr. Boutin advised that the drafting deleted the immediate and long term effects of forest activities. Mr. Solie added that small timber operators want a site specific forest plan. A roll call vote was taken on the MOTION. IN FAVOR: Brown, Grussendorf, Hoffman, Navarre. 6 OPPOSED: Therriault, Foster, Hanley, Martin, Parnell, Larson. Co-Chair MacLean was not present for the vote. The MOTION FAILED (4-6). Representative Brown MOVED TO WITHDRAW Amendments #26 & #27. There being NO OBJECTIONS, they were withdrawn from consideration. Representative Brown MOVED to adopt Amendment #28 which would clearly define that subsistence and personal, recreational and commercial uses of fish and wildlife are among the uses of forest land for non timber purposes that must be considered by the Commissioner. Mr. Boutin agreed that it would be important to accommodate those concerns. There being NO OBJECTIONS to Amendment #28, it was adopted. Representative Brown MOVED to adopt Amendment #29 requesting to withdrawn the portion relating to Section (10). Mr. Boutin commented that the proposed language would improve the drafting of the legislation. There being NO OBJECTIONS, it was adopted. Representative Brown MOVED to adopt Amendment #30. There being NO OBJECTIONS, it was adopted. Representative Brown MOVED to adopt Amendment #31 which would add "or" providing that the land use plan was consistent with one or the other land use plans. Mr. Boutin advised the language would be an improvement to current wording. There being NO OBJECTIONS, it was adopted. Representative Brown MOVED to adopt Amendment #32 which would add a new sentence at the end of the existing Subsection (f) and that would insure that public review includes the (g) (1) & (2) provisions. Mr. Boutin noted that the timing for providing information for public process was important and that he agreed to the proposed amendment. There being NO OBJECTIONS, it was adopted. Representative Brown MOVED TO WITHDRAW Amendments #33 - #36 pointing out that they had been addressed by other amendments adopted in subcommittee. There being NO OBJECTIONS, they were withdrawn. Representative Brown MOVED to adopt Amendment #37. (Tape Change, HFC 94-164, Side 2). Representative Brown explained that Amendment #37 would 7 provide that the operational level force inventory be every two years instead of every five years and that it include provisions to adjust harvest plans. Mr. Boutin replied that the cost benefit could not be increased with only an update. Representative Brown recommended adding language to the portion of the amendment on Page 7, Line 31, by inserting "update of the" before the "operational force inventory every two years". Mr. Solie stressed that they could not comply with a sustained yield without having an inventory prior to a timber sale. Representative Brown MOVED to divide the question and then to amend Amendment #37 by adding the previous referenced language. There being NO OBJECTIONS to the language addition in Amendment #37(a), it was added. Representative Brown MOVED to adopt Amendment #37(b) which would insert provisions to adjust the harvest plans based on the information provided by the inventory. Mr. Boutin informed Committee members that the language was not clear. Representative Martin OBJECTED to adopting Amendment #37(b). A roll call vote was taken on the MOTION. IN FAVOR: Brown, Grussendorf, Hoffman, Navarre, Larson. OPPOSED: Foster, Hanley, Martin, Parnell, Therriault. Co-Chair MacLean was not present for the vote. The MOTION FAILED (5-5). Representative Brown MOVED to adopt Amendment #38 which would add a new subsection providing that if the final agreement differs from the proposed agreement then the Commissioner must provide a written finding. Mr. Solie supported the intent of the amendment and suggested inserting "significantly" following the language "if the final agreement differs". Representative Brown MOVED TO AMEND Amendment #38 by adding "significantly" to the first line. There being NO OBJECTIONS, it was adopted. Representative Therriault OBJECTED to adopting the amended Amendment #38. A roll call vote was taken on the MOTION. IN FAVOR: Grussendorf, Hoffman, Navarre, Brown. OPPOSED: Foster, Hanley, Martin, Parnell, Therriault, Larson. 8 Co-Chair MacLean was not present for the vote. The MOTION FAILED (4-6). Representative Brown MOVED TO WITHDRAW Amendment #39. There being NO OBJECTION, it was withdrawn. Representative Brown MOVED to adopt Amendment #40 which would delete all material on Page 8 from Line 16-20. She pointed out that material had been covered under the first sentence of Subsection (i). There being NO OBJECTION, it was adopted. Representative Brown MOVED TO WITHDRAW Amendment #41. There being NO OBJECTION, it was withdrawn. Representative Brown MOVED to adopt Amendment #42 which would add a new subsection which would clarify that when an operator seeks concessions from the State, the Commissioner shall determine whether the concessions are necessary to protect the public interest and that language would address royalty oil concerns. Mr. Boutin asked if the measure would be cost effective. He recommended inserting "concession". Representative Brown recommended deleting "from a provision or" and inserting "affecting the consideration paid under the agreement" providing a monetary term. Mr. Solie noted concern that the public notice would occur with small changes in the contract. Representative Brown felt that such a policy would be important in a twenty year process and that it would be in the best interest of the State. She MOVED TO AMEND the language as proposed in Amendment #42. There being NO OBJECTIONS, the language was amended. Mr. Solie requested deletion of the last sentence, "Proposed changes to a forest management agreement are subject to the public notice and comment requirements under AS 38.05.122(b)-(i)". Co-Chair Larson MOVED TO AMEND Amendment OBJECTIONS, the amendment was amended. Representative Brown MOVED TO WITHDRAW Amendment #42. There being NO OBJECTIONS, it was withdrawn. Representative Brown MOVED to adopt Amendment #43 which would address the forest practices act. Representative Therriault OBJECTED. 9 A roll call vote was taken on the MOTION. IN FAVOR: Grussendorf, Navarre, Brown, MacLean. OPPOSED: Hanley, Hoffman, Martin, Parnell, Therriault, Foster, Larson. The MOTION FAILED (4-7). Representative Brown MOVED to adopt Amendment #44 which would state the ground rules and the operational plans being reviewed under the forest management plans or the forest management agreement. She urged that the public be involved in that process. Mr. Solie spoke in opposition to the amendment. He reminded Committee members that agencies would be involved in the forest practices act. Title #41 clarifies that the agencies would have oversight throughout that period of time. He added that the level of scrutiny provided within the amendment was not necessary. Representative Brown argued that any plan made for twenty years should be detailed at the time it is drawn up. (Tape Change, HFC 94-165, Side 1). Mr. Boutin explained that Title #41 currently would address those concerns. A roll call vote was taken on the MOTION to adopt Amendment IN FAVOR: Hoffman, Navarre, Brown. OPPOSED: Hanley, Martin, Parnell, Therriault, Foster, Grussendorf, MacLean, Larson. The MOTION FAILED (3-8). Representative Brown MOVED to adopt Amendment #45 which would insert a new Section (G). The amendment would address those items left out of the forest management agreement. Mr. Solie thought that provision had been more adequately addressed on Page 7, Line 6. Representative Brown indicated that language referenced by Mr. Solie would clarify who is responsible for paying for the roads but would not state the location or construction standards used for building. Mr. Solie proposed an amendment which would delete "maintained and paid for by the proposer" and would simply require provisions for construction standards. Representative Parnell suggested deleting all material after the word "agreement" in Line #2. Representative Brown MOVED TO AMEND Amendment #45 by deleting the language proposed by Representative Parnell. There being NO OBJECTIONS, it was so ordered. 10 There being NO OBJECTION, Amendment #45 was adopted as amended. Representative Brown MOVED to adopt Amendment #46 which would delete language on the new subsection to Section #7 relating to managing state forest, including the responsibilities of the Commissioner. Mr. Boutin replied that except for safety reasons, DNR would not need to become involved. He noted concern with removal of that language. Representative Martin OBJECTED, stating that the addition of the clause would not allow the state to protect their assets. Representative Brown MOVED TO AMEND Amendment #46, deleting "carry off purposes of this chapter" and inserting "of public safety". A roll call vote was taken on the MOTION TO AMEND. IN FAVOR: Hoffman, Navarre, Parnell, Therriault, Brown, Grussendorf, Larson, MacLean. OPPOSED: Martin, Foster, Hanley. The MOTION PASSED (8-3). Representative Navarre MOVED TO ADD additional language inserting after "of the public". Representative Parnell OBJECTED. A roll call vote was taken on the MOTION TO AMEND. IN FAVOR: Navarre, Brown, Grussendorf, Hoffman, Larson. OPPOSED: Martin, Parnell, Therriault, Foster, Hanley, MacLean. The MOTION FAILED (5-6). A roll call vote was taken on the MOTION to adopt Amendment IN FAVOR: Navarre, Brown, Grussendorf, Hoffman, MacLean. OPPOSED: Parnell, Therriault, Foster, Hanley, Martin, Larson. The MOTION FAILED (5-6). SB 310 was HELD in Committee for further consideration.
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