Legislature(2019 - 2020)GRUENBERG 120

05/07/2019 10:00 AM FISHERIES

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Audio Topic
09:59:38 AM Start
10:00:37 AM HB99
10:12:42 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
+= HB 99 NUYAKUK RIVER FALLS: HYDROELECTRIC SITE TELECONFERENCED
Moved CSHB 99(FSH) Out of Committee
-- Public Testimony --
+ Presentation: Update from the Commercial TELECONFERENCED
Fisheries Entry Commission by Commissioners Fate
Putman & Dale Kelley
         HB  99-NUYAKUK RIVER FALLS: HYDROELECTRIC SITE                                                                     
                                                                                                                                
10:00:37 AM                                                                                                                   
                                                                                                                                
CHAIR STUTES announced that the  first order of business would be                                                               
HOUSE  BILL NO.  99,  "An  Act relating  to  the development  and                                                               
operation of  a hydroelectric  site at  the Nuyakuk  River Falls;                                                               
providing for the amendment of  the management plan for the Wood-                                                               
Tikchik State Park; and providing for an effective date."                                                                       
                                                                                                                                
10:01:07 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS   moved  to  adopt   the  proposed                                                               
committee substitute  (CS), Version 31-LS0714\K,  Fisher, 5/3/19,                                                               
as the  working document.   There being  no objection,  Version K                                                               
was before the committee.                                                                                                       
                                                                                                                                
10:01:50 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE EDGMON  explained the  changes made in  Version K.                                                               
He  said the  original bill  had generic  language that  said the                                                               
development and  operation of the proposed  hydroelectric project                                                               
would not  be considered  an incompatible  use with  the statutes                                                               
that govern  the Wood-Tikchik State  Park.  Based  on stakeholder                                                               
participation in  the Bristol  Bay region,  Version K  would take                                                               
this  a step  further by  providing more  detail relative  to the                                                               
conditions that  the Nuyakuk  River Falls  project would  have to                                                               
meet in order to be a  compatible use in terms of development and                                                               
operation.  Those terms are:   would not include a dam that fully                                                               
spans a  river; would maintain at  least 70 percent of  the daily                                                               
upstream  water  flow of  an  affected  river along  the  natural                                                               
course of  the river;  and would  put an  initial sideboard  of a                                                               
five-year  period  for the  project  to  become licensed  by  the                                                               
Federal  Energy Regulatory  Commission  (FERC) in  order for  the                                                               
project to be considered a compatible use in the state park.                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON noted  the  refined  language included  in                                                               
Version K  has garnered full,  unequivocal support in  the region                                                               
and meets the test of anybody  who might have a concern about any                                                               
anadromous  fish   activity  in   the  area,   as  well   as  the                                                               
preservation of the river itself going into perpetuity.                                                                         
                                                                                                                                
10:03:55 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  inquired about the fiscal  note of                                                               
$20,000 for  promulgating the regulation  package.  He  asked why                                                               
promulgating  the  regulations  would cost  $20,000  rather  than                                                               
being done within the normal course of agency operations.                                                                       
                                                                                                                                
10:04:46 AM                                                                                                                   
                                                                                                                                
RICKY GEASE, Director, Division  of Parks and Outdoor Recreation,                                                               
Department  of  Natural  Resources,  replied  that  there  is  an                                                               
advisory board for Wood-Tikchik State  Park and that the planning                                                               
would entail setting  up a series of public meetings  to make the                                                               
regulatory  changes   to  the  management  plan   itself  on  the                                                               
regulatory  level that  this  moves  forward.   Because  it is  a                                                               
remote area  this takes a  bit more  money than something  on the                                                               
road system.                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  understood Mr. Gease to  be saying                                                               
that because there is an advisory  board, and the agency needs to                                                               
convene the  advisory board, that is  where the bulk of  the cost                                                               
originates.                                                                                                                     
                                                                                                                                
MR. GEASE responded correct.                                                                                                    
                                                                                                                                
10:05:50 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE EDGMON  noted that  the "local  Wood-Tikchik state                                                               
management council" is  made up of local members  and offered his                                                               
presumption that park staff would normally  go out to the park at                                                               
least  once regardless.   He  therefore asked  why the  amount of                                                               
$20,000  and why  the division's  existing  budget cannot  absorb                                                               
this in  the name of  a project that has  a lot of  potential for                                                               
the area.                                                                                                                       
                                                                                                                                
MR. GEASE answered he will get  back to the committee later today                                                               
with the details of the budget.                                                                                                 
                                                                                                                                
REPRESENTATIVE EDGMON  pointed out  that the division  issued the                                                               
fiscal  note and  questioned why  the  justification couldn't  be                                                               
provided now.                                                                                                                   
                                                                                                                                
MR. GEASE  replied he doesn't  have the  fiscal note in  front of                                                               
him currently  and will have  to get  back to the  committee with                                                               
the details of how the fiscal note was calculated.                                                                              
                                                                                                                                
REPRESENTATIVE  EDGMON stated  his  hope that  the  bill will  be                                                               
moved  to its  next committee  of  referral, which  is the  House                                                               
Resources  Standing Committee,  and that  he is  willing to  deal                                                               
with this question in that committee.                                                                                           
                                                                                                                                
10:07:23 AM                                                                                                                   
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
10:07:39 AM                                                                                                                   
                                                                                                                                
CHAIR STUTES opened public testimony on HB 99.                                                                                  
                                                                                                                                
10:08:27 AM                                                                                                                   
                                                                                                                                
STEVE PERKINS testified  that he doesn't see what the  rush is to                                                               
amend this  bill.  He  disagreed that there is  unanimous consent                                                               
in the region.  He has  talked to neighbors and friends who don't                                                               
think it is a  good idea to rush into this.   It seems [the bill]                                                               
originated from  the Nushagak Electric and  Telephone Cooperative                                                               
board of directors  and he doesn't believe there has  been a vote                                                               
on this  by the cooperative's members.   He said he  opposes this                                                               
amendment.                                                                                                                      
                                                                                                                                
10:09:27 AM                                                                                                                   
                                                                                                                                
ROBERT  HIMSCHOOT,   Chief  Executive   Officer/General  Manager,                                                               
Nushagak Electric  and Telephone Cooperative, offered  his belief                                                               
that there  is "pretty close or  as close as you're  going to get                                                               
to  consensus for  local support  here with  the addition  of the                                                               
amendments  to  this  bill."   A  week  and  a  half ago  a  very                                                               
productive  meeting  was held  a  week  and  came  at this  as  a                                                               
consensus.   Nushagak Cooperative  believes that it  can continue                                                               
with the  studies under this  substitute without it  impeding the                                                               
ability to evaluate this project.   The cooperative has held over                                                               
70 meetings  of outreach and  there will  never be a  100 percent                                                               
consensus on anything of this  size, but the cooperative believes                                                               
it got very close to 100 percent.                                                                                               
                                                                                                                                
10:10:31 AM                                                                                                                   
                                                                                                                                
MARK LISAC  stated he is a  member of the cooperative,  a retired                                                               
fisheries  biologist, a  park advocate,  and  a renewable  energy                                                               
advocate.  In  the past he has been opposed  to the cooperative's                                                               
efforts to pursue the hydroelectric  project by constructing dams                                                               
within the  park.   However, this  project is  a run-of-the-river                                                               
type  project, which  has  a  much lower  footprint.   The  added                                                               
language  of a  five-year sunset  will appease  many people.   He                                                               
said he  is in support of  pursuing an evaluation of  the project                                                               
under  the  FERC  permit  requirements and  therefore  he  is  in                                                               
support of the amendment.                                                                                                       
                                                                                                                                
10:11:42 AM                                                                                                                   
                                                                                                                                
CHAIR STUTES  closed public testimony  after ascertaining  no one                                                               
else wished to testify.                                                                                                         
                                                                                                                                
10:12:04 AM                                                                                                                   
                                                                                                                                
CHAIR STUTES  commented that  she is excited  to see  this coming                                                               
from a community that has hydropower as well as wind power.                                                                     
                                                                                                                                
10:12:17 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  moved to  report the  proposed CS,                                                               
Version  31-LS0714\K,  Fisher,  5/3/19,  out  of  committee  with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There  being no  objection, CSHB  99(FSH) was  reported from  the                                                               
House Special Committee on Fisheries.                                                                                           

Document Name Date/Time Subjects
HB099 Supporting Document - Naknek Electric resolution.pdf HFSH 4/2/2019 10:00:00 AM
HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Supporting Document - NETC Fish First Resolution.pdf HFSH 4/2/2019 10:00:00 AM
HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Supporting Document - Nuyakuk Hydroelectric_2019update.pdf HFSH 4/2/2019 10:00:00 AM
HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 ver A 3.28.19.PDF HFSH 4/2/2019 10:00:00 AM
HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Supporting Document - Nuyakuk Studies Description and Estimate.pdf HFSH 4/2/2019 10:00:00 AM
HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Fiscal Note DNR 03.29.19.pdf HFSH 4/2/2019 10:00:00 AM
HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Sectional Analysis ver A 3.28.19.pdf HFSH 4/2/2019 10:00:00 AM
HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Sponsor Statement 3.28.19.pdf HFSH 4/2/2019 10:00:00 AM
HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Supporting Document - Aleknagik Resolution.pdf HFSH 4/2/2019 10:00:00 AM
HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Supporting Document - BBNA resolution.pdf HFSH 4/2/2019 10:00:00 AM
HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Supporting Document - Curyung Tribal Council resolution.pdf HFSH 4/2/2019 10:00:00 AM
HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Supporting Document - Hydro presentation_testimony.pdf HFSH 4/2/2019 10:00:00 AM
HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Sponsor Statement 3.28.19.pdf HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Sectional Analysis ver A 3.28.19.pdf HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Fiscal Note DNR 03.29.19.pdf HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Supporting Document - Aleknagik Resolution.pdf HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Supporting Document - BBNA resolution.pdf HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Supporting Document - Dillingham City Council resolution.pdf HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Supporting Document - Hydro presentation_testimony.pdf HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Supporting Document - Nuyakuk Hydroelectric_2019update.pdf HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Supporting Document - Nuyakuk Studies Description and Estimate.pdf HFSH 5/7/2019 10:00:00 AM
HB 99
HB099 Work Draft-Ver K 05.03.19.pdf HFSH 5/7/2019 10:00:00 AM
HB 99
CFEC Presentation HFSH 05.07.19.pdf HFSH 5/7/2019 10:00:00 AM
CFEC