Legislature(2011 - 2012)BARNES 124

04/04/2011 01:00 PM House RESOURCES


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01:07:17 PM Start
01:08:13 PM Confirmation Hearing(s): Big Game Commercial Services Board
01:14:57 PM Confirmation Hearing(s): Board of Game
01:29:10 PM HB186
02:06:14 PM HB106
07:19:02 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Continued at 6:00 pm Today --
+ Confirmation Hearings: TELECONFERENCED
Big Game Commercial Services Board;
Board of Game
*+ HB 186 WOOD BISON TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 106 COASTAL MANAGEMENT PROGRAM TELECONFERENCED
Moved CSHB 106(RES) Out of Committee
-- Testimony <Invitation Only> --
** Meeting will Recess at 3:00 pm & will
Reconvene at 6:00 pm Today **
                HB 106-COASTAL MANAGEMENT PROGRAM                                                                           
                                                                                                                                
2:06:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE announced  that  the final  order  of business  is                                                              
HOUSE BILL  NO. 106,  "An Act  extending the  termination date  of                                                              
the  Alaska  coastal  management   program  and  relating  to  the                                                              
extension;  relating to  the review  of activities  of the  Alaska                                                              
coastal management  program;  providing for  an effective  date by                                                              
amending  the effective date  of sec.  22, ch.  31, SLA  2005; and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
2:06:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  related that he, Co-Chair Seaton,  Representatives                                                              
Herron  and Joule,  and Deputy  Commissioner Balash  have spent  a                                                              
great deal  of time trying to address  all of the issues  with the                                                              
Alaska Coastal  Management Program  (ACMP).   The group  has tried                                                              
to take into  consideration all the wants, needs,  and concerns of                                                              
the  coastal districts  while  accommodating  the governor's  four                                                              
requirements.    The group,  he  said,  believes it  has  achieved                                                              
success through  the forthcoming packet of amendments  that adjust                                                              
the program while  still maintaining its focus.   He then directed                                                              
attention to  the summary  sheet of  amendments, saying  they will                                                              
be addressed in the order listed on the summary sheet.                                                                          
                                                                                                                                
2:08:38 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  moved  that the  committee  adopt  Amendment  7,                                                              
labeled 27-GH1965\A.27, Bullard, 4/3/11, which read:                                                                            
                                                                                                                                
     Page 2, following line 5:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "*  Sec.  2.  The  uncodified law  of  the  State  of                                                               
     Alaska is amended by adding a new section to read:                                                                         
          RETROACTIVITY AND REVIVAL. (a) The amendment to                                                                       
     AS 44.66.020(a)(5)  made  by  sec.  3  of  this  Act  is                                                                   
     retroactive to January 1, 2011.                                                                                            
          (b) If, under AS 01.10.070(c), sec. 3 of this Act                                                                     
     takes effect  on or after July  1, 2011, sec. 3  of this                                                                   
     Act  is  retroactive  to  July  1,  2011,  and  sections                                                                   
     repealed by sec.  18, ch. 31, SLA 2005, are  revived. If                                                                   
     a  revived  section  is  amended  by  this  Act,  it  is                                                                   
     revived  as amended  by this Act.  The revived  sections                                                                   
     are subject to  repeal under sec. 22, ch.  31, SLA 2005,                                                                   
     as amended by sec. 3 of this Act."                                                                                         
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVE P. WILSON objected for discussion purposes.                                                                      
                                                                                                                                
2:08:56 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON pointed  out  that there  is  a legal  memorandum                                                              
attached to  Amendment 7.   Amendment 7  provides for a  drop dead                                                              
date of June  30 in the case  of an unforeseen delay.   Therefore,                                                              
retroactively  reviving the  statute  wouldn't be  a violation  of                                                              
state law.                                                                                                                      
                                                                                                                                
2:09:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.   WILSON  surmised  that  the   amendments  the                                                              
committee  will consider today  are to  HB 106  as it has  already                                                              
been amended.                                                                                                                   
                                                                                                                                
CO-CHAIR FEIGE replied yes.                                                                                                     
                                                                                                                                
2:10:19 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  reminded the  committee of  its desire  to review                                                              
each item  rather than  considering a  large committee  substitute                                                              
(CS).  These amendments  are offered to the original  bill and all                                                              
amendments will  be wrapped into a  CS that can be  reviewed prior                                                              
to moving the legislation out of committee.                                                                                     
                                                                                                                                
REPRESENTATIVE P. WILSON removed her objection.                                                                                 
                                                                                                                                
2:11:11 PM                                                                                                                    
                                                                                                                                
There being no further objection, Amendment 7 was adopted.                                                                      
                                                                                                                                
2:11:30 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  informed the committee  that Amendment  8 requires                                                              
an  annual  report  on the  progress  the  Department  of  Natural                                                              
Resources   (DNR)  has  made   in  drafting   and  adopting   ACMP                                                              
regulations.                                                                                                                    
                                                                                                                                
2:11:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  moved  that the  committee  adopt  Amendment  8,                                                              
labeled 27-GH1965\A.28, Bullard, 4/2/11, which read:                                                                            
                                                                                                                                
     Page 2, following line 53:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec.  2. AS 46.39.010 is  amended by adding  a new                                                               
     subsection to read:                                                                                                        
          (d)  Not later than January 20 each year, the                                                                         
     department  shall prepare an  annual report  summarizing                                                                   
     the   department's   efforts    to   draft   and   adopt                                                                   
     regulations under  this chapter and AS 46.40  during the                                                                   
     prior  calendar year.  The department  shall notify  the                                                                   
     legislature  that  the  report is  available  and  shall                                                                   
     also  post  the  report  on  the  department's  Internet                                                                   
     website."                                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
There being no objection, Amendment 8 was adopted.                                                                              
                                                                                                                                
2:12:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE moved on to Amendment 9, which:                                                                                  
                                                                                                                                
     Provides  that  the Department  shall  provide  planning                                                                   
     and consistency  review data and information  to members                                                                   
     of the  governing body  of a  coastal resource  district                                                                   
     or coastal  resource service area.   States that  if the                                                                   
     department  provides  funds  to  implement  or  amend  a                                                                   
     coastal district  plan along  with a restriction  on the                                                                   
     use of  the funds, they  will specify the state  statute                                                                   
     or  federal regulation  or statute  that authorizes  the                                                                   
     restriction.                                                                                                               
                                                                                                                                
2:12:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON moved that the committee adopt Amendment 9,                                                                     
labeled 27-GH1965\A.30, Bullard, 4/4/11, which read:                                                                            
                                                                                                                                
     Page 1, line 3, following "program;":                                                                                    
          Insert "relating to the duty of the Department of                                                                   
     Natural Resources  to provide data and information  to a                                                                 
     coastal  resource district  or area;  relating to  funds                                                                 
     provided  to  coastal resource  districts;  relating  to                                                                 
     regulations   adopted   by  the   department   regarding                                                                 
     persons  authorized  to participate  in  and to  receive                                                                 
     materials relating to a consistency review;"                                                                             
                                                                                                                                
     Page 2, following line 5:                                                                                                  
          Insert new bill sections to read:                                                                                     
        "* Sec. 2. AS 46.39.040 is amended to read:                                                                           
          Sec. 46.39.040. Duties of the department. In                                                                        
     conformity  with 16  U.S.C.  1451 -  1464 (Coastal  Zone                                                                   
     Management  Act of  1972),  as amended,  the  department                                                                   
     shall                                                                                                                      
               (1)  develop statewide standards for the                                                                         
     Alaska  coastal  management  program, and  criteria  for                                                                   
     the  preparation   and  approval  of  district   coastal                                                                   
     management plans in accordance with AS 46.40;                                                                              
               (2)  establish continuing coordination among                                                                     
     state  agencies   to  facilitate  the   development  and                                                                   
     implementation   of   the  Alaska   coastal   management                                                                   
     program;   in  carrying  out   its  duties  under   this                                                                   
     paragraph,    the   department    shall   initiate    an                                                                   
     interagency  program of  comprehensive coastal  resource                                                                   
     planning for each geographic region of the state;                                                                          
               (3)  assure continued provision of data and                                                                      
     information  to coastal resource  districts and  coastal                                                               
     resource service  areas to carry out their  planning and                                                               
     management  functions under  the  program; in  providing                                                               
     data and information  to a coastal resource  district or                                                               
     area   under  this  paragraph,   the  department   shall                                                               
     provide the data  and information to each  member of the                                                               
     governing body  of the coastal resource district  or the                                                               
     board  of  the  coastal resource  service  area  and  to                                                               
     other persons  as may be  designated by the  district or                                                               
     area.                                                                                                                  
        * Sec.  3. AS 46.39.040  is amended  by adding  a new                                                                 
     subsection to read:                                                                                                        
          (b)  If the department provides funds to a                                                                            
     coastal  resource  district  or  area  to  implement  or                                                                   
     amend a  coastal resource  district's or area's  coastal                                                                   
     management   plan   and  the   department   provides   a                                                                   
     restriction  on  how  the  funds  may  be  used  by  the                                                                   
     district  or  area,  the department  shall  specify  the                                                                   
     state  statute or  federal  statute or  regulation  that                                                                   
     authorizes the restriction.                                                                                                
        * Sec. 4. AS 46.40.096(c) is amended to read:                                                                         
          (c)  The regulations adopted by the department                                                                        
     under  this   section  must,  in  an   affected  coastal                                                               
     resource district,  permit the members of  the governing                                                               
     body of  the coastal  resource district, the  district's                                                               
     coastal   management    plan   coordinator,    and   the                                                               
     district's  community  planner  to  participate  in  the                                                               
     consistency  review, and  the  regulations must  require                                                               
     the  department  or  reviewing  entity  to  provide  the                                                               
     persons   described    in   AS 46.39.030(3)    materials                                                               
     relating  to  the consistency  review.  The  regulations                                                               
     must  also  include  provisions for  public  notice  and                                                               
     provide    the   opportunity    for   public    comment.                                                                   
     Regulations  relating   to  public  notice   and  public                                                               
     comment   [THE    REGULATIONS]   adopted    under   this                                                               
     subsection  may  make distinctions  relating  to  notice                                                                   
     based  upon  differences in  project  type,  anticipated                                                                   
     effect  of the project  on coastal  resources and  uses,                                                                   
     other  state or  federal notice  requirements, and  time                                                                   
     constraints.   However,  a   notice  given  under   this                                                                   
     subsection   must   contain    sufficient   information,                                                                   
     expressed  in commonly understood  terms, to inform  the                                                                   
     public of the  nature of the proposed project  for which                                                                   
     a  consistency   determination   is  sought,  and   must                                                                   
     explain  how  the public  may  comment on  the  proposed                                                                   
     project. Notices  described in this subsection  shall be                                                               
     published  on  the  department's  Internet  website.  In                                                               
     this subsection,                                                                                                       
               (1)  "coastal management plan coordinator"                                                                   
     means  the  person  designated, by  a  coastal  resource                                                               
     district,    with    development,    maintenance,    and                                                               
     implementation  of  the  district's  coastal  management                                                               
     plan;                                                                                                                  
               (2)  "community planner" means the person                                                                    
     designated,  by   a  coastal  resource   district,  with                                                               
     helping   to  formulate  plans   and  making   decisions                                                               
     relating  to the development  of the district's  natural                                                               
     resources  and community  assets and  the protection  of                                                               
     the district's water, land, and air."                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
2:13:08 PM                                                                                                                    
                                                                                                                                
JOE   BALASH,   Deputy   Commissioner,   Department   of   Natural                                                              
Resources,  directed attention to  page 1,  line 23, of  Amendment                                                              
9.  He expressed  the need to be sure the "continued  provision of                                                              
data and  information to  coastal resource  districts and  coastal                                                          
resource service areas"  is available electronically.   In some of                                                          
the  reviews a  C-plan  will be  submitted  by  the Department  of                                                              
Environmental  Conservation  (DEC)  as  part  of  the  information                                                              
supporting the  project.  It's  not unusual  for a C-plan  to fill                                                              
four three-inch binders,  which is costly in terms  of copying and                                                              
mailing.   Therefore,  providing  this information  electronically                                                              
would go a long way.                                                                                                            
                                                                                                                                
2:14:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  said providing  the  information  electronically                                                              
would be  totally appropriate.  In  fact, he said it's  his intent                                                              
to allow  the department or  agencies to provide  this information                                                              
by  electronic means.   He  questioned whether  the department  is                                                              
comfortable  with  the discussion  on  the  record or  whether  an                                                              
amendment to Amendment 9 would be necessary.                                                                                    
                                                                                                                                
MR. BALASH  responded that  so long as there  is a public  record,                                                              
the department  will be comfortable  providing the  information by                                                              
electronic  means  and  won't  reflect  a  higher  cost  [for  the                                                              
distribution of the information] in the fiscal note.                                                                            
                                                                                                                                
2:15:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   P.  WILSON  questioned   whether  the   districts                                                              
involved  are comfortable  with receiving  the data by  electronic                                                              
means.                                                                                                                          
                                                                                                                                
MR.  BALASH  clarified  that  the  issue  for  the  department  is                                                              
whether it  can send  a thumb  drive or  CD; the information  does                                                              
not have to be delivered in an e-mail.                                                                                          
                                                                                                                                
CO-CHAIR SEATON opined  that allowing the data to  be provided via                                                              
a  CD  and  thumb  drive  is going  to  be  adequate  if  that  is                                                              
considered  an  electronic  means  and  would  satisfy  everyone's                                                              
goals.                                                                                                                          
                                                                                                                                
2:17:16 PM                                                                                                                    
                                                                                                                                
MR.  BALASH  then  directed  the   committee's  attention  to  the                                                              
following  language  on  page  2, lines  26-28,  of  Amendment  9:                                                              
"Notices described  in this subsection  shall be published  on the                                                          
department's  Internet website".    The state  maintains a  public                                                          
notice website  where all public  notices from all  state agencies                                                              
are noticed.   Therefore, the requirement in Amendment  9 would be                                                              
new  and reflected  in  a fiscal  note.   In  practice, the  state                                                              
avoids  duplicate  notices.   Therefore,  he  suggested  that  the                                                              
department  could provide  a  link  on its  website  to the  state                                                              
public notice website.                                                                                                          
                                                                                                                                
2:18:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  surmised, though,  that the  department                                                              
will still contact  a district personally, rather  than expect the                                                              
district to keep checking the website.                                                                                          
                                                                                                                                
MR.  BALASH  replied  yes,  adding   that  during  the  pre-review                                                              
process the department  provides the costal  district notification                                                              
prior  to   the  completion   of  the   application.     Once  the                                                              
application  is deemed complete,  all the  information is  noticed                                                              
and constitutes day one of the review.                                                                                          
                                                                                                                                
2:19:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  questioned whether it would  make sense to                                                              
substitute  "state's" for "department's"  on page  2, line  27, of                                                      
Amendment 9.                                                                                                                    
                                                                                                                                
2:19:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   SEATON   opined   that  unless   the   information   is                                                              
categorized  by subject  matter,  it would  be  less available  to                                                              
those  following  the  coastal management  issues.    However,  he                                                              
opined  that  a link  on  DCOM's  website  to  the notice  of  the                                                              
[coastal zone management  information] would adequately  meet [the                                                              
requirement].                                                                                                                   
                                                                                                                                
2:21:24 PM                                                                                                                    
                                                                                                                                
MR. BALASH said  that this discussion helps, but  pointed out that                                                              
the language  on page 2,  lines 26-28, of  Amendment 9  would mean                                                              
the entirety  of the  notice would be  placed on the  department's                                                              
website.    Therefore,   the  department  wants  to   be  sure  it                                                              
understands what is  to be accomplished in order  that's it's done                                                              
correctly  and   the  committee  understands  exactly   what  it's                                                              
requesting  of  the department.    If  a  link would  satisfy  the                                                              
desire, then  changing the  term "published"  to "posted"  or some                                                      
other comparable word would be appropriate.                                                                                     
                                                                                                                                
2:22:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE  surmised  then  that  Mr.  Balash  is  suggesting                                                              
changing the  language of Amendment  9 so that the  department can                                                              
place a  link on  its website  to the  already existing  published                                                              
notice.                                                                                                                         
                                                                                                                                
MR. BALASH confirmed that is his suggestion.                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE moved  that  the committee  adopt  Amendment 1  to                                                              
Amendment 9,  such that  on page  2, line 27,  of Amendment  9 the                                                              
term "published" would be replaced with "posted".                                                                       
                                                                                                                                
2:23:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON   referenced  Representative   Gardner's  earlier                                                              
suggestion  of  replacing  the term  "published"  with  "available                                                      
through".                                                                                                                   
                                                                                                                                
2:23:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE withdrew  Amendment  1 to  Amendment 9.   He  then                                                              
moved that the  committee adopt Amendment 2 to  Amendment 9, which                                                              
would  on  page 2,  line  27,  of  Amendment  9 replace  the  term                                                              
"published" with "made available".                                                                                      
                                                                                                                                
2:24:19 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE withdrew  Amendment  2 to  Amendment 9.   He  then                                                              
moved that the  committee adopt Amendment 3 to  Amendment 9, which                                                              
would on  page 2, line  27, of Amendment  9 delete "published  on"                                                          
and insert  "made available through".   There being  no objection,                                                          
Amendment 3 to Amendment 9 was adopted.                                                                                         
                                                                                                                                
2:25:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  moved that  the committee adopt  Amendment 4                                                              
to Amendment  9, which would  on page 2,  line 2, of  Amendment 9,                                                              
as   amended,    following   the    term   "information"    insert                                                          
"electronically or by mail if electronic means do not exist".                                                               
                                                                                                                                
2:25:50 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  objected for  discussion.  He  then asked  if the                                                              
department  believes Amendment  4 to  Amendment 9  will allow  the                                                              
mailing of a digital copy rather than a paper copy.                                                                             
                                                                                                                                
MR. BALASH replied yes.                                                                                                         
                                                                                                                                
CO-CHAIR SEATON withdrew his objection.                                                                                         
                                                                                                                                
2:26:16 PM                                                                                                                    
                                                                                                                                
There being no  further objection, Amendment 4 to  Amendment 9 was                                                              
adopted.                                                                                                                        
                                                                                                                                
2:26:28 PM                                                                                                                    
                                                                                                                                
MR.  BALASH  directed  attention   to  Section  4  on  page  2  of                                                              
Amendment 9,  as amended.  Section  4 makes a  distinction between                                                              
who is  involved and  to what degree  in a  review versus  who may                                                              
receive  information.    Although   it's  not  a  big  deal,  it's                                                              
important  to  reference   because  in  the  review   process  the                                                              
department wants to  maintain that link between  the locality, the                                                              
communities, and the participation in the review of projects.                                                                   
                                                                                                                                
2:27:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE  explained that  the  intent  of Amendment  9,  as                                                              
amended,  is to  include the  management of  the coastal  district                                                              
and the coastal  resource service area board in the  process.  The                                                              
goal is to avoid  a situation in which a consultant  designated by                                                              
a district  is doing all the  interaction with the  department and                                                              
not keeping  the folks in  the coastal district  aware of  what is                                                              
happening.  Requiring  the information is provided  to those folks                                                              
in  the coastal  district  and  members  of the  coastal  resource                                                              
service area  board attempts  to keep as  many people in  the loop                                                              
as possible  without  infringing on  the freedom  of the board  or                                                              
the  district  to designate  the  people  they want  to  represent                                                              
them.                                                                                                                           
                                                                                                                                
2:28:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON asked if the department  would prefer in                                                              
Section  4(c) of  Amendment 9,  as  amended, to  have a  numerical                                                              
listing of  the following:  members  of the governing body  of the                                                              
coastal  district,   coastal  management  plan   coordinator,  and                                                              
community planner.                                                                                                              
                                                                                                                                
MR. BALASH deferred to the lawyers.                                                                                             
                                                                                                                                
2:29:46 PM                                                                                                                    
                                                                                                                                
There being  no further  objection, Amendment  9, as amended,  was                                                              
adopted.                                                                                                                        
                                                                                                                                
2:30:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE   moved  on  to  Amendment  10,   which  addresses                                                              
elevations  of consistency  determinations.   Basically, if  there                                                              
is  an  elevation  during  the  consistency  review  process,  the                                                              
disputes  would   be  resolved  by  the  commissioners   from  the                                                              
following departments:   Department  of Natural Resources,  Alaska                                                              
Department of  Fish &  Game (ADF&G), and  DEC.  The  commissioners                                                              
will issue  a written  order that  was signed by  at least  two of                                                              
the commissioners that renders the final determination.                                                                         
                                                                                                                                
2:30:57 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  moved that committee adopt Amendment  10, labeled                                                              
27-GH1965\A.31, Bullard, 4/4/11, which read:                                                                                    
                                                                                                                                
     Page 1, line 3, following "program;":                                                                                    
          Insert "relating to the review of certain                                                                           
      consistency determinations for a project in an Alaska                                                                   
     coastal resource district;"                                                                                              
                                                                                                                                
     Page 2, following line 5:                                                                                                  
     Insert new bill sections to read:                                                                                          
        "* Sec. 2. AS 46.40.096(d) is amended to read:                                                                      
          (d)  In preparing a consistency review and                                                                            
     determination  for  a proposed  project,  the  reviewing                                                                   
     entity shall                                                                                                               
               (1)   request consistency review  comments for                                                                   
     the  proposed  project  from  state  resource  agencies,                                                                   
     affected   coastal   resource   districts,   and   other                                                                   
     interested parties  as determined by regulation  adopted                                                                   
     by the department;                                                                                                         
               (2)        prepare     proposed    consistency                                                                   
     determinations;                                                                                                            
               (3)       conduct    elevations    [COORDINATE                                                               
     SUBSEQUENT    REVIEWS]    of     proposed    consistency                                                                   
     determinations  prepared under  (2) of this  subsection;                                                                   
     an  elevation  [A  SUBSEQUENT   REVIEW]  of  a  proposed                                                               
     consistency determination under this paragraph                                                                             
               (A)   may only be  conducted [IS LIMITED  TO A                                                               
     REVIEW] by  the commissioners  of the resource  agencies                                                               
     [DEPARTMENT];                                                                                                              
               (B)  may occur only if requested by                                                                              
               (i)  the project applicant;                                                                                      
               (ii)  a state resource agency; or                                                                                
               (iii)      an   affected    coastal   resource                                                                   
     district; and                                                                                                              
               (C)   shall be completed with the  issuance of                                                               
     a  written  order   signed  by  at  least   two  of  the                                                           
     commissioners  of  the  resource  agencies  [DEPARTMENT]                                                               
     within  45  days  after  the   initial  request  for  an                                                               
     elevation [SUBSEQUENT REVIEW] under this paragraph;                                                                    
               (4)       render    the   final    consistency                                                                   
     determination and certification.                                                                                           
        * Sec. 3. AS 46.40.096(o) is amended to read:                                                                         
          (o)  The time limitations in (n) of this section                                                                      
               (1)   do  not apply  to  a consistency  review                                                                   
     involving the  disposal of an interest in  state land or                                                                   
     resources;                                                                                                                 
               (2)  are suspended                                                                                               
               (A)    from  the  time  the  reviewing  entity                                                                   
     determines  that   the  applicant  has   not  adequately                                                                   
     responded in  writing within  14 days after  the receipt                                                                   
     of  a written  request  from  the reviewing  entity  for                                                                   
     additional  information, until  the  time the  reviewing                                                                   
     entity  determines that  the applicant  has provided  an                                                                   
     adequate written response;                                                                                                 
               (B)   during  a period  of  time requested  by                                                                   
     the applicant;                                                                                                             
               (C)  during the period of time a consistency                                                                     
         review is undergoing an elevation [A SUBSEQUENT                                                                    
     REVIEW] under (d)(3) of this section.                                                                                      
        * Sec. 4. AS 46.40.096(q)(2) is amended to read:                                                                      
               (2)  "reviewing entity" means the                                                                                
               (A)  Department of Natural Resources, for a                                                                      
     consistency review subject to AS 46.39.010;                                                                                
               (B)  the commissioners of the resource                                                                       
      agencies, for the elevation of a proposed consistency                                                                 
     determination under (d) of this section;                                                                               
               (C)  state agency identified in (b) of this                                                                  
        section, for a consistency review not subject to                                                                        
     AS 46.39.010.                                                                                                              
        * Sec. 5. AS 46.40.210 is amended by adding a new                                                                     
     paragraph to read:                                                                                                         
               (13)  "elevation" means a review of a                                                                            
    proposed     consistency     determination    by     the                                                                    
     commissioners of the resource agencies."                                                                                   
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVE P. WILSON objected for discussion purposes.                                                                      
                                                                                                                                
2:31:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON explained  that Amendment  10 makes  sure all  of                                                              
the  resource  agencies   are  involved  in  the   process.    The                                                              
commissioners would  have a 45-day  time limit by which  they must                                                              
act and  issue a written  order.   The aforementioned  ensures the                                                              
public is aware of the written order and its recommendations.                                                                   
                                                                                                                                
2:32:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ asked  if  current elevations  are  directed                                                              
only to the commissioner of DNR.                                                                                                
                                                                                                                                
MR. BALASH  replied yes.   In further  response to  Representative                                                              
Munoz,  Mr.  Balash,  confirmed  that  the  current  law  requires                                                              
action and a written  order within 45 days.  However,  if there is                                                              
a  single  agency review  conducted  by  an  agency other  than  a                                                              
division  within  DNR,  it  would   be  a  different  commissioner                                                              
dealing with  the elevation.  Most  reviews are conducted  by DCOM                                                              
or  some  other DNR  agency.    Therefore,  more often  than  not,                                                              
particularly  since the  2003 changes,  the  elevations have  been                                                              
handled by the DNR commissioner.                                                                                                
                                                                                                                                
2:33:33 PM                                                                                                                    
                                                                                                                                
MR. BALASH  then directed  attention  to the language  on page  2,                                                              
line 1,  of Amendment 10,  which read:   "shall be completed  with                                                          
the issuance  of a  written order  signed by at  least two  of the                                                      
commissioners of the  resource agencies".  He noted  that it's not                                                          
unusual  to have  four  opinions  among the  three  commissioners,                                                              
which  calls  into question  what  happens  on  day  46.   In  the                                                              
department's  estimation, no action  is the same  as a  denial, he                                                              
related.   The aforementioned is how  such would be treated  in an                                                              
administrative appeal,  to which an  elevation is similar.   Since                                                              
the  statute  doesn't   say  that,  it  would   be  better  stated                                                              
explicitly.  In  response to Co-Chair Feige, Mr.  Balash suggested                                                              
inserting on  page 2, line  4, a new  subparagraph (D)  that read:                                                              
"if  a  written order  is  not  issued  within  the 45  days,  the                                                              
proposed  consistency determination  under (d)(2)  is final".   He                                                              
did  acknowledge that  the drafters  would likely  have their  own                                                              
way of structuring the language.                                                                                                
                                                                                                                                
2:37:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  related  his  understanding  that  if  the                                                              
commissioners  disagree with  the determination  and there  has to                                                              
be a  written order  issued, then two  of the commissioners  would                                                              
sign  the  order.    However,  in the  case  in  which  the  three                                                              
commissioners  agree with  the determination,  he  said he  didn't                                                              
see a need for a written order.                                                                                                 
                                                                                                                                
2:38:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  posed a  scenario in  which there  were                                                              
four items  that were elevated  to this  level, and asked  if each                                                              
item would  be addressed separately  with a written  determination                                                              
for each.   If there wasn't  a written determination for  one item                                                              
with 45  days, then  she questioned  whether the assumption  would                                                              
be that the original determination would stand.                                                                                 
                                                                                                                                
MR.  BALASH  clarified that  the  order  signed  by at  least  two                                                              
commissioners would  need to specify which parts  of that original                                                              
determination  were  being changed.    In  the case  presented  by                                                              
Representative   P.  Wilson,   Mr.   Balash   said  the   proposed                                                              
determination   finds  the   project   inconsistent  unless   four                                                              
alternative  measures  are  adopted  by  the applicant.    If  the                                                              
commissioners  agreed with  two of  the  alternative measures  and                                                              
disagreed  with the  other two, the  written order  would need  to                                                              
state as  much, which  is that the  two items  for which  there is                                                              
disagreement aren't applicable to the final determination.                                                                      
                                                                                                                                
2:40:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON opined, "If  it's put in there,  then no                                                              
one  has any  questions."   She  suggested  that  if the  original                                                              
written determination  is not issued within the 45  days, it might                                                              
be better  to specify in writing  that the original  determination                                                              
stands.  Therefore, there is no question either way.                                                                            
                                                                                                                                
CO-CHAIR SEATON  concurred with Representative  P. Wilson.   While                                                              
elevations  are  rare, the  issue  was  strong  enough to  not  be                                                              
resolved during the  regular process.  If there  is no requirement                                                              
for a  written decision,  there is  no way  to know whether  there                                                              
wasn't  a  meeting to  consider  the  elevation  or there  was  no                                                              
agreement.   He  opined  that overall  there  would  be much  more                                                              
comfort  and  participation  if it  remains  a  written  decision,                                                              
signed  by at  least  two of  the  commissioners.   Therefore,  he                                                              
expressed his  desire for the language  [on page 2, lines  1-2, of                                                              
Amendment 10 to remain] as written.                                                                                             
                                                                                                                                
REPRESENTATIVE P.  WILSON stated that the committee  is placing on                                                              
the record  that it  expects that  no matter  the decision,  there                                                              
needs to be a written record that's issued.                                                                                     
                                                                                                                                
2:43:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE remarked,  "I don't think we disagree  that there's                                                              
a  requirement to  have a  written  order."   However, Mr.  Balash                                                              
brought up an interesting scenario.                                                                                             
                                                                                                                                
REPRESENTATIVE  P. WILSON  opined that  this entire  process is  a                                                              
process of coming together and making compromises.                                                                              
                                                                                                                                
2:44:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ stated  that she would  like to  incorporate                                                              
language  to  avoid   the  situation  described   by  Mr.  Balash.                                                              
Perhaps, there  needs to be a  fifth paragraph added  that states:                                                              
"in  the  absence  of  a  determination  within  the  45-day  time                                                              
period,  the  proposed  consistency determination  stands".    The                                                              
aforementioned   language  would  at   least  avoid   the  problem                                                              
highlighted by Mr. Balash.                                                                                                      
                                                                                                                                
2:45:38 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:45 p.m. to 2:51 p.m.                                                                       
                                                                                                                                
2:51:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE said  that there  are  three different  situations                                                              
that  could  arise when  an  elevation  occurs during  the  review                                                              
process.   One of which is  addressed in subparagraph (C)  on page                                                              
2,   lines  1-4,   of   Amendment  10,   whereby   two  of   three                                                              
commissioners agree  and issue a  written order that is  signed by                                                              
at least  two of the  commissioners.  The  other situation  is one                                                              
in which  all the commissioners  agree.   The third situation,  as                                                              
posed  by Mr.  Balash,  is  one in  which  there is  no  agreement                                                              
between  any of  the  commissioners  and the  question  is how  to                                                              
address that.                                                                                                                   
                                                                                                                                
2:52:46 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON   interjected  that   if  no  written   order  is                                                              
required, there is  a fourth situation in which  the commissioners                                                              
never meet.   In such  a situation  the project sponsor  proposing                                                              
an  elevation  never  knows  whether  the  commissioners  met  and                                                              
agreed  with the  proposed  consistency determination  or  whether                                                              
they never  met and reviewed the  proposal because there  is a way                                                              
for the commissioners  to act without ever meeting or  acting.  He                                                              
opined that the  only way to ensure that an elevation  takes place                                                              
is to  require a written  determination.   He further  opined that                                                              
it's  unfair  to whoever  is  making  the  elevation to  not  know                                                              
whether the  elevation was taken up  or ignored in which  case the                                                              
preliminary review standards are mandated.                                                                                      
                                                                                                                                
2:54:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  suggested that  on page  1, line 20,  subparagraph                                                              
(B), of Amendment  10 replacing "may" with "shall"  would have the                                                              
effect  of ensuring  the commissioners  of  the resource  agencies                                                              
meet.                                                                                                                           
                                                                                                                                
2:55:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  pointed out that changing  the language of                                                              
Amendment  10  on page  1,  line  20, subparagraph  (B)  to  read:                                                              
"shall occur  only if  requested by"  would mean  no one  else can                                                              
request it.   She  asked if  it's necessary  to maintain  the term                                                              
"only" as without it the language would mean the same thing.                                                                    
                                                                                                                                
2:55:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ asked  if the  commissioners  are acting  on                                                              
whether a project is consistent or not.                                                                                         
                                                                                                                                
CO-CHAIR FEIGE explained  that there has been an  elevation, which                                                              
means there  is a dispute  raised by  the applicant,  the resource                                                              
agency,  or the coastal  district.   That dispute  is elevated  to                                                              
the commissioners to decide.                                                                                                    
                                                                                                                                
2:56:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  related that the term "only"  on page 1,                                                              
line 20  of Amendment  10 needs  to remain  otherwise a  paragraph                                                              
(5) should be added.                                                                                                            
                                                                                                                                
2:57:13 PM                                                                                                                    
                                                                                                                                
MR. BALASH, referring  to Amendment 10, suggested that  on page 2,                                                              
line 1, following  "completed", inserting the  following language:                                                              
",  if granted,".   The  aforementioned change  would require,  as                                                              
with any  administrative appeal for  which there is a  request for                                                              
reconsideration,  two of  the three  commissioners  to accept  the                                                              
elevation and two  of the three commissioners to  grant and decide                                                              
the elevation.                                                                                                                  
                                                                                                                                
2:58:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON opined  that he  believes the  desire is to  have                                                              
the  right  of  the  resource  agencies,  a  project  sponsor,  or                                                              
coastal  district to  elevate  if there  was  disagreement in  the                                                              
construction of  the consistency review.   If it's not able  to be                                                              
worked  out  within  the  consistency review,  it  must  be  major                                                              
disagreement,  he  said.    He said  he  wasn't  sure  having  the                                                              
decision  predicated  on  reviewing the  information  reaches  the                                                              
desired goal.                                                                                                                   
                                                                                                                                
2:59:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER suggested  that  on page  1,  line 18,  of                                                              
Amendment 10  the language should  be changed to read  as follows:                                                              
"shall  be  conducted   by  the  commissioners  of   the  resource                                                      
agencies  if requested  by".  Therefore,  an elevation  has  to be                                                          
conducted  if requested  by someone  who has  standing to  request                                                              
it.                                                                                                                             
                                                                                                                                
CO-CHAIR  FEIGE asked  if the  change  proposed by  Mr. Balash  to                                                              
Amendment 10  on page 2, line  1, following "completed"  inserting                                                              
the  following language:     ",  if granted,"  and  Representative                                                              
Gardner's  suggested change  from "may" to  "shall" would  address                                                      
the concern.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  responded  yes,  because  the  applicant,                                                              
resource agency,  or coastal resource  district knows they  had to                                                              
have the review.                                                                                                                
                                                                                                                                
REPRESENTATIVE  P. WILSON  opined that  they still  should have  a                                                              
written  finalization;  whatever  the  outcome,  it  needs  to  be                                                              
written.                                                                                                                        
                                                                                                                                
3:00:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ   inquired  as  to  what   happens  if  [the                                                              
elevation] isn't granted.                                                                                                       
                                                                                                                                
REPRESENTATIVE  P. WILSON  answered  that then  the  commissioners                                                              
say no  and the earlier determination  remains.  However,  if it's                                                              
related  in  a written  report,  then  there  won't be  any  doubt                                                              
regardless of the outcome.                                                                                                      
                                                                                                                                
3:01:50 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  related his  understanding  that  Representative                                                              
Gardner's proposal to  change the language on page 1,  line 18, of                                                              
Amendment 10  from "may" to  "shall" means that  the commissioners                                                      
will  conduct elevations.   However,  the  suggested "if  granted"                                                              
language is  problematic because  it means the commissioners  will                                                              
have decided  the determination  prior to the  review and  thus he                                                              
didn't favor inserting the "if granted" language.                                                                               
                                                                                                                                
3:02:39 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE announced  that the committee  would recess  until                                                              
6:00 p.m.                                                                                                                       
                                                                                                                                
6:14:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   FEIGE    reconvened   the   meeting   at    6:14   p.m.                                                              
Representatives P.  Wilson, Herron, Munoz, Foster,  Dick, Gardner,                                                              
Kawasaki,  Seaton, and  Feige were  present  at the  call back  to                                                              
order.                                                                                                                          
                                                                                                                                
6:15:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON   moved  that  the  committee   adopt  Conceptual                                                              
Amendment  1 to  Amendment 10,  as  follows [original  punctuation                                                              
provided]:                                                                                                                      
                                                                                                                                
     At  AS  46.40.096(q)(2)(B)   after  "resource  agencies"                                                               
     Insert   "or  a   deputy   commissioner   in  the   same                                                               
     department"                                                                                                            
                                                                                                                                
There being no objection, Conceptual Amendment 1 to Amendment 10                                                                
was adopted.                                                                                                                    
                                                                                                                                
6:15:46 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE announced that Amendment 10, as amended, was                                                                     
before the committee.                                                                                                           
                                                                                                                                
REPRESENTATIVE P. WILSON removed her objection to Amendment 10,                                                                 
as amended.  There being no further objection, Amendment 10, as                                                                 
amended was adopted.                                                                                                            
                                                                                                                                
6:16:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON moved that the committee adopt Amendment 11,                                                                    
labeled 27-GH1965\A.32, Bullard, 4/4/11, which read:                                                                            
                                                                                                                                
     Page 1, line 3, following "program;":                                                                                    
          Delete "relating to the approval of district                                                                        
     coastal management  plans by  the Department of  Natural                                                                 
     Resources;"                                                                                                              
                                                                                                                                
     Page 2, following line 5:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "*  Sec. 2.  AS 46.40.070 is  repealed and  reenacted                                                               
     to read:                                                                                                                   
          Sec. 46.40.070. Requirements for department                                                                         
     review and  approval. (a)  The department shall  approve                                                                 
     a  district   coastal  management  plan   submitted  for                                                                   
     review and approval if the                                                                                               
               (1)  district coastal management plan                                                                            
               (A)  meets the requirements of this chapter                                                                      
     and   the  district   plan  criteria   adopted  by   the                                                                   
     department; and                                                                                                            
               (B)  does not conflict with the statewide                                                                        
     standards adopted by the department; and                                                                                   
               (2)  enforceable policies of the district                                                                        
     coastal management plan                                                                                                    
               (A)  do not duplicate, restate, incorporate                                                                      
     by  reference, rephrase,  or otherwise  modify or  adopt                                                                   
     state or federal statutes or regulations;                                                                                  
               (B)  are not preempted by state or federal                                                                       
     law; and                                                                                                                   
               (C)  do not arbitrarily or unreasonably                                                                          
     restrict uses of state concern.                                                                                            
          (b)  The enforceable policies in a district                                                                           
     coastal  management  plan  submitted  for  review  under                                                                   
     this   section   may   establish    new   standards   or                                                                   
     requirements  that are within  the authority of  a state                                                                   
     or federal  agency unless  the state  or federal  agency                                                                   
     specifically objects.                                                                                                      
          (c)  In reviewing and approving a district                                                                            
     coastal management  plan under (a) of this  section, the                                                                   
     department  may  not  require a  district  to  designate                                                                   
     areas  for  the purpose  of  developing  an  enforceable                                                                   
     policy.                                                                                                                    
          (d)  In this section, "specifically objects"                                                                          
     means  that  a  written  objection  to  the  enforceable                                                                   
     policy   that   establishes   the   new   standards   or                                                                   
     requirements is filed with the department by                                                                               
               (1)  the commissioner of a state agency;                                                                         
               (2)  the head of a federal agency operating                                                                      
     in the state;                                                                                                              
               (3)  the official responsible for a federal                                                                      
     agency's operations in the state; or                                                                                       
               (4)  legal counsel for a federal agency                                                                          
     operating in the state."                                                                                                   
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVE KAWASAKI objected.                                                                                               
                                                                                                                                
6:17:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  explained that  Amendment  11 addresses  the  AS                                                              
46.40.070  requirements  for  departmental  review  and  approval,                                                              
such  that it  specifies  the  adequately addressed  standards  of                                                              
what can be  approved for enforceable policies.   He characterized                                                              
Amendment 11 as cleanup language.                                                                                               
                                                                                                                                
6:18:08 PM                                                                                                                    
                                                                                                                                
MR. BALASH  recalled that Representative  Munoz had  concerns when                                                              
the  language  in  [AS  46.40].030,   which  would  [require  that                                                              
[enforceable  policies]  don't  duplicate  or adopt  by  reference                                                              
state  or federal  regulations,  was removed.    The language  was                                                              
reinstated on  page 1,  lines 16-18, of  Amendment 11.   Amendment                                                              
11  repeals  and  reenacts  AS  46.40.070,   which  addresses  the                                                              
requirements  for  departmental   review  and  approval  of  local                                                              
plans.   He  reviewed  the requirements  of  the district  coastal                                                              
management plan and  the enforceable policies of  it, as specified                                                              
in  Amendment 11.   Section  2(b)  in Amendment  11 addresses  the                                                              
concern  expressed  by  a  number  of  districts  with  regard  to                                                              
whether state and/or  federal statutes and regulations  adequately                                                              
address an  issue of  concern by the  coastal districts.   Section                                                              
2(b) specifies  that so long as there  is not a regulation  on the                                                              
matter  and the state  or federal  agency that  has authority  for                                                              
the  matter  doesn't object,  a  coastal  district can  develop  a                                                              
policy  on that  matter, bring  it forward  as part  of the  local                                                              
plan  and development,  and  adopt that  enforceable  policy.   He                                                              
pointed out that  Section 2(d) identifies who can object.   In the                                                              
case  of  a  state agency,  the  objection  would  come  from  the                                                              
commissioner  while within  the federal  government the  objection                                                              
would come  from the head of or  legal counsel for that  agency in                                                              
Alaska.  Mr.  Balash expressed hope that Amendment  11 strikes the                                                              
appropriate  balance  by  eliminating   the  subjectivity  in  the                                                              
statute  and  allows  the  process  to move  forward  in  a  clear                                                              
fashion whereby everyone knows the rules.                                                                                       
                                                                                                                                
6:22:05 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
6:23:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  pointed out  that attached to  Amendment 11  is a                                                              
legal opinion.   He  then pointed  out that  due to the  following                                                              
new language in  Amendment 11:  "does not conflict  with statewide                                                              
standards adopted  by the department",  there need to  be language                                                              
changes throughout  the legislation.   Therefore, Co-Chair  Seaton                                                              
moved  that  the   committee  adopt  Conceptual   Amendment  1  to                                                              
Amendment 11, as follows [original punctuation provided]:                                                                       
                                                                                                                                
     In the following sections:                                                                                                 
                                                                                                                                
    AS   46.40.010(d)   Development    of   Alaska   coastal                                                                    
     management program                                                                                                         
         AS 46.40.030(a) Development of district coastal                                                                        
     management plans                                                                                                           
      AS 46.40.040(a) Statewide standards and district plan                                                                     
     criteria                                                                                                                   
       AS 46.40.070 Requirements for department review and                                                                      
     approval                                                                                                                   
      AS 46.40.180(b) Approval of plans in coastal resource                                                                     
     service areas                                                                                                              
                                                                                                                                
     Delete "meet the Statewide Standards"                                                                                      
       Insert "does not conflict with Statewide Standards                                                                       
     adopted by the department"                                                                                                 
                                                                                                                                
CO-CHAIR  SEATON, in response  to Co-Chair  Feige, confirmed  that                                                              
Conceptual  Amendment  1 to  Amendment  11 would  standardize  the                                                              
language throughout  HB 106  in terms  of statewide standards  for                                                              
plans.                                                                                                                          
                                                                                                                                
6:25:42 PM                                                                                                                    
                                                                                                                                
There being no  objection, Conceptual Amendment 1  to Amendment 11                                                              
was adopted.                                                                                                                    
                                                                                                                                
6:25:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI withdrew his  objection to Amendment  11,                                                              
as amended.                                                                                                                     
                                                                                                                                
6:26:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  then objected to Amendment  11, as amended.                                                              
He highlighted  that although  a lot of  work went into  Amendment                                                              
11, it  doesn't include criteria  for objecting.  He  then removed                                                              
his objection.                                                                                                                  
                                                                                                                                
6:27:08 PM                                                                                                                    
                                                                                                                                
There being  no further  objection, Amendment  11, as amended  was                                                              
adopted.                                                                                                                        
                                                                                                                                
6:27:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  moved that  the  committee adopt  Amendment  12,                                                              
labeled 27-GH1965\A.33, Bullard, 4/4/11, which read:                                                                            
                                                                                                                                
     Page 1, line 3, following "program;":                                                                                    
          Insert "establishing the Alaska Coastal Policy                                                                      
     Board;"                                                                                                                  
                                                                                                                                
     Page 2, following line 5:                                                                                                  
     Insert new bill sections to read:                                                                                          
          "* Sec. 2. AS 46.39 is amended by adding new                                                                      
     sections to article 1 to read:                                                                                             
          Sec. 46.39.005. Alaska Coastal Policy Board. (a)                                                                    
        The Alaska Coastal Policy Board is created in the                                                                       
     Department of Natural Resources. The board consists of                                                                     
     the following:                                                                                                             
               (1)   five  public  members  appointed by  the                                                                   
     governor subject  to confirmation by the  legislature in                                                                   
     joint  session, the  public members  shall include,  one                                                                   
     at-large member  from any coastal resource  district and                                                                   
     four  members from  a list  composed of  at least  three                                                                   
     names from each  region, nominated and submitted  by the                                                                   
     coastal resource  districts of  each region; one  public                                                                   
     member  shall be appointed  from each  of the  following                                                                   
     regions:                                                                                                                   
               (A)   northwest Alaska, including,  generally,                                                                   
     the area  of the North  Slope Borough and the  Northwest                                                                   
     Arctic Borough;  and the Bering Strait  area, including,                                                                   
     generally,  the  area  of  the  Bering  Strait  regional                                                                   
     educational attendance area;                                                                                               
               (B)   southwest Alaska, including,  generally,                                                                   
     the area  within the Lower  Yukon, Lower Kuskokwim,  and                                                                   
     Southwest  regional  educational  attendance  areas  and                                                                   
     the  Lake and Peninsula  and Bristol  Bay Boroughs;  and                                                                   
     the Kodiak-Aleutians  area, including the  Kodiak Island                                                                   
     and area  of the  Aleutians East  Boroughs and the  area                                                                   
     of   the   Aleutian,   Adak,   and   Pribilof   regional                                                                   
     educational attendance areas;                                                                                              
               (C)   Upper  Cook  Inlet area,  including  the                                                                   
     Municipality  of  Anchorage  and  the  Matanuska-Susitna                                                                   
     Borough;   the  Lower   Cook   Inlet  area,   including,                                                                   
     generally, the  Kenai Peninsula Borough; and  the Prince                                                                   
     William  Sound  area,  including,  generally,  the  area                                                                   
     east  of  the  Kenai  Peninsula   Borough  to  141  West                                                                   
     longitude; and                                                                                                             
               (D)    Southeast Alaska,  generally  the  area                                                                   
     east of 141 West longitude;                                                                                                
               (2)     each  of   the  following   designated                                                                   
     members:                                                                                                                   
               (A)     the   commissioner  of   environmental                                                                   
     conservation;                                                                                                              
               (B)  the commissioner of fish and game;                                                                          
               (C)  the commissioner of natural resources;                                                                      
               (D)   the commissioner  of transportation  and                                                                   
     public facilities.                                                                                                         
          (b)  Public members serve staggered terms of                                                                          
     three  years.  Except as  provided  in  AS 39.05.080(4),                                                                   
     each member  serves until a  successor is appointed  and                                                                   
     qualified.  A  public  member   may  be  reappointed.  A                                                                   
     public member may be removed for cause.                                                                                    
          (c)  The board shall designate cochairs, one of                                                                       
     whom  shall be selected  from among  the public  members                                                                   
     appointed  under (a)(1)  of  this section  and one  from                                                                   
     among  the   members  designated   in  (a)(2)  of   this                                                                   
     section.                                                                                                                   
          (d)   If  a  member serving  under  (a)(2) of  this                                                                   
     section is  unable to attend,  a deputy commissioner  in                                                                   
     the same department  may attend and act in  place of the                                                                   
     member.  The names  of alternates  serving under  (a)(2)                                                                   
     of this section shall be filed with the board.                                                                             
          (e)   Three  public  members and  three  designated                                                                   
     members  of  the board  constitute  a  quorum.  However,                                                                   
     action may  be taken only  upon the affirmative  vote of                                                                   
     a majority of the full membership of the board.                                                                            
          (f)   The board  shall meet at  least four  times a                                                                   
     year and  as often  as necessary  to fulfill its  duties                                                                   
     under this chapter  and AS 46.40.  Meetings  may be held                                                                   
     and members  may vote  telephonically, except one  board                                                                   
     meeting a year shall be held in person.                                                                                    
          (g)   Public members of  the board are  entitled to                                                                   
     per  diem and  travel  expenses  authorized  by law  for                                                                   
     members of boards and commissions.                                                                                         
          (h)   Administrative  support for  the board  shall                                                                   
     be   provided  by   the  division   in  the   department                                                                   
     responsible  for  coastal  and   ocean  management.  The                                                                   
     director of  the division in the department  responsible                                                                   
     for  coastal and  ocean management,  under direction  of                                                                   
     the   cochair  designated   by   the   board  from   the                                                                   
     individuals  listed  in  (a)(2)  of  this  section,  may                                                                   
     contract with  or employ persons as necessary  to assist                                                                   
     the  board  in  carrying  out  the  board's  duties  and                                                                   
     responsibilities.                                                                                                          
          (i)   The board shall  make recommendations  to the                                                                   
     department relating  to the approval or  modification of                                                                   
     a    district    coastal     management    plan    under                                                                   
     AS 46.40.060(b).                                                                                                           
        * Sec. 3. AS 46.39.030 is amended to read:                                                                            
          Sec.  46.39.030.  Powers  of  the  department.  The                                                                 
     department may                                                                                                             
               (1)      apply   for    and   accept   grants,                                                                   
     contributions,     and     appropriations,     including                                                                   
     application  for and  acceptance of  federal funds  that                                                                   
     may   become   available  for   coastal   planning   and                                                                   
     management;                                                                                                                
               (2)  contract for necessary services;                                                                            
               (3)  consult and cooperate with                                                                                  
               (A)  persons, organizations, and groups,                                                                         
     public  or  private,  interested  in,  affected  by,  or                                                                   
     concerned with coastal area planning and management;                                                                       
               (B)  agents and officials of the coastal                                                                         
     resource  districts  of the  state, the  Alaska  Coastal                                                               
     Policy  Board established in  AS 46.39.005, and  federal                                                               
     and   state   agencies   concerned    with   or   having                                                                   
     jurisdiction over coastal planning and management;                                                                         
               (4)  take any reasonable action necessary to                                                                     
     carry out the provisions of this chapter or AS 46.40.                                                                      
        * Sec. 4. AS 46.40.060 is amended to read:                                                                            
          Sec. 46.40.060. Review and approval by the                                                                          
     department.  (a)  If,  upon  submission  of  a  district                                                                 
     coastal  management plan  for  approval, the  department                                                                   
     finds  that  the  plan  meets  the  provisions  of  this                                                                   
     chapter [AND  THE STATEWIDE STANDARDS AND  DISTRICT PLAN                                                                   
     CRITERIA  ADOPTED   BY  THE  DEPARTMENT  AND   DOES  NOT                                                                   
     ARBITRARILY  OR UNREASONABLY  RESTRICT  OR EXCLUDE  USES                                                                   
     OF  STATE  CONCERN],  the  department  may  approve  the                                                                   
     district  coastal   management  plan,  or   may  approve                                                                   
     portions   of  the   district  plan   that  meet   those                                                                   
     requirements.                                                                                                              
          (b)  If the department finds that a district                                                                          
     coastal  management   plan  is  not  approvable   or  is                                                                   
     approvable only  in part under  (a) of this  section, it                                                                   
     shall  submit the  plan  to the  board  for review.  The                                                               
     board  shall review  the plan  and make  recommendations                                                               
     relating  to whether  the  department  shall approve  or                                                               
     modify  the district  coastal management  plan in  whole                                                               
     or  in  part  [DIRECT  THAT  DEFICIENCIES  IN  THE  PLAN                                                               
     SUBMITTED   BY   THE  COASTAL   RESOURCE   DISTRICT   BE                                                                   
     MEDIATED.   IN    MEDIATING   THE   DEFICIENCIES,    THE                                                                   
     DEPARTMENT MAY  CALL FOR ONE OR MORE PUBLIC  HEARINGS IN                                                                   
     THE DISTRICT.  THE DEPARTMENT SHALL MEET  WITH OFFICIALS                                                                   
     OF THE  COASTAL RESOURCE  DISTRICT IN  ORDER TO  RESOLVE                                                                   
     DIFFERENCES].                                                                                                              
          (c)  After the board has reviewed the district                                                                    
     coastal  management plan  and submitted  recommendations                                                               
     under  (b) of  this section  [IF,  AFTER MEDIATION,  THE                                                               
     DIFFERENCES  HAVE  NOT BEEN  RESOLVED],  the  department                                                                   
     shall enter findings and, by order, may require                                                                            
               (1)  that the district coastal management                                                                        
     plan  be  amended  to satisfy  the  provisions  of  this                                                                   
     chapter [OR  MEET THE  STATEWIDE STANDARDS AND  DISTRICT                                                                   
     PLAN CRITERIA ADOPTED BY THE DEPARTMENT];                                                                                  
               (2)  that the district coastal management                                                                        
     plan be revised  to accommodate a use of  state concern;                                                                   
     or                                                                                                                         
               (3)  any other action be taken by the                                                                            
     coastal resource district as appropriate.                                                                                  
          (d)  The superior courts of the state have                                                                            
     jurisdiction  to enforce  orders  of the  department  or                                                               
     commissioner of  natural resources entered under  (c) or                                                           
     (e) of this section.                                                                                                   
        * Sec.  5. AS 46.40.060  is amended  by adding  a new                                                                 
     subsection to read:                                                                                                        
          (e)  A person affected by a decision of the                                                                           
     department    under    this    section    may    request                                                                   
     reconsideration  of the decision  within 15 days  of the                                                                   
     issuance  of a  decision made  by  the department  under                                                                   
     (c)  of this  section. The  request must  be in  writing                                                                   
     and  must include a  statement of  the specific  changes                                                                   
     desired.  The  commissioner  of  natural  resources  may                                                                   
     review  the department's  decision on  the basis of  the                                                                   
     request  and determine  whether the  decision should  be                                                                   
     changed. The  commissioner may issue a  determination in                                                                   
     writing  within   20  days   of  the  issuance   of  the                                                                   
     decision.  If  the  commissioner takes  no  action,  the                                                                   
     request  for  reconsideration  shall  be  considered  as                                                                   
     denied. Denial  of a  request for reconsideration  shall                                                                   
     be   considered  a   final   administrative  order   and                                                                   
     decision of the department.                                                                                                
        * Sec. 6. AS 46.39.005 is repealed.                                                                                   
        * Sec. 7.  The uncodified law of the State  of Alaska                                                                 
     is amended by adding a new section to read:                                                                                
          TRANSITION: MEMBERS OF THE ALASKA COASTAL POLICY                                                                      
     BOARD;    STAGGERED    TERMS.     (a)    Notwithstanding                                                                   
     AS 44.39.005(a),  added by  sec. 2 of  this Act,  within                                                                   
     30 days  after the effective  date of this  section, the                                                                   
     municipalities    of   each    region   identified    in                                                                   
     AS 44.39.005(a)(1)  shall  submit  to the  governor  the                                                                   
     names of three  persons from the region  qualified under                                                                   
     AS 44.39.005(a),   added  by   sec.  2   of  this   Act.                                                                   
     Notwithstanding  AS 44.39.005, added by  sec. 2  of this                                                                   
     Act, within  60 days  after the  effective date of  this                                                                   
     section, the  governor shall appoint, from the  lists of                                                                   
     names  submitted  under AS 46.39.005(a)(1),  one  member                                                                   
     from each  region and  one at-large  member to serve  on                                                                   
     the   Alaska  Coastal   Policy   Board  established   by                                                                   
     AS 46.39.005,  added   by  sec.  2  of  this   Act.  The                                                                   
     governor  shall appoint  the  public  members to  three-                                                                   
     year  staggered terms.  The governor  shall specify  the                                                                   
     term of each member appointed subject to this section.                                                                     
          (b)      Notwithstanding    the   requirements   of                                                                   
     AS 46.40.060(b),  as amended  by sec. 4  of this Act,  a                                                                   
     review by  the Alaska Coastal  Policy Board  relating to                                                                   
     a district  coastal management plan,  or a portion  of a                                                                   
       district coastal management plan, shall be delayed                                                                       
          until all the public members of the board are                                                                         
     appointed under (a) of this section.                                                                                       
       * Sec. 8. The uncodified law of the State of Alaska                                                                    
     is amended by adding a new section to read:                                                                                
          CONDITIONAL EFFECT. Section 6 of this Act takes                                                                       
      effect only if secs. 1 - 8 and 18, ch. 31, SLA 2005,                                                                      
     take effect."                                                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, following line 18:                                                                                                 
          Insert a new bill section to read:                                                                                    
       "* Sec. 10. If sec. 6 of this Act takes effect, it                                                                   
      takes effect on the date that secs. 1 - 8 and 18, ch.                                                                     
     31, SLA 2005, take effect."                                                                                                
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
     Page 3, line 19:                                                                                                           
          Delete "This"                                                                                                         
          Insert "Except as provided in sec. 10 of this                                                                         
     Act, this"                                                                                                                 
                                                                                                                                
CO-CHAIR FEIGE objected for discussion.                                                                                         
                                                                                                                                
6:27:45 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON explained  that Amendment  12 would establish  an                                                              
Alaska  Coastal Policy  Board  that will  consist  of five  public                                                              
members appointed  by the  governor as  well as the  commissioners                                                              
of  DEC,  ADF&G,  DNR, and  the  Department  of  Transportation  &                                                              
Public Facilities.   Of  the five public  members, one  will serve                                                              
at-large and  the remaining  four members  will be nominated  from                                                              
the  regions   representing  the  coastal  districts   within  the                                                              
region.   There won't  be any alternates  for the public  members,                                                              
but  deputy  commissioners   can  serve  as  alternates   for  the                                                              
commissioners  of their respective  departments.  Co-Chair  Seaton                                                              
clarified that  although a  quorum can  be established  with three                                                              
public members  and three designated  members or  their alternate,                                                              
a majority  of the entire board,  five votes, will be  required to                                                              
take action.   The  board will meet  four times  per year,  one of                                                              
which will  be an in-person  meeting.  Members  can meet  and vote                                                              
telephonically.    Co-Chair Seaton  related  that  the purpose  of                                                              
this is  to keep the  board involved in  policy review  and making                                                              
and ensuring  that the  program does  not suffer  from failing  to                                                              
get together and addressing problems face-to-face.                                                                              
                                                                                                                                
6:29:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON,  referring to  page 3  of Amendment 12,  provides                                                              
the authority for  the department to contract or  employ a person,                                                              
as necessary, to  provide administrative support.   However, it is                                                              
not a requirement  for the department to do so.   He then reviewed                                                              
Section  4 of  Amendment 12,  which  proposes new  language to  AS                                                              
46.40.060,  which  he  hoped  would   result  in  a  cohesive  and                                                              
expedited  review process.     Amendment 12  includes a  provision                                                              
that   allows   an   individual    to   submit   a   request   for                                                              
reconsideration  within 15 days  [of the  issuance of a  decision]                                                              
and provides 20  days for the commissioner to  respond in writing.                                                              
The remaining language of Amendment 12 is transition language.                                                                  
                                                                                                                                
6:32:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE   interjected  that  Amendment  12   represents  a                                                              
considerable  amount  of work  and  respects  the desires  of  the                                                              
coastal districts  to have  more of a voice  in the  process while                                                              
also respecting the  desires of the governor and  industry to have                                                              
fixed timelines with regard to the consistency review.                                                                          
                                                                                                                                
6:32:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE removed his objection.                                                                                           
                                                                                                                                
6:32:59 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 6:33 p.m. to 6:45 p.m.                                                                       
                                                                                                                                
6:45:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON   moved  that  the  committee   adopt  Conceptual                                                              
Amendment 1 to  Amendment 12, which would insert  a new subsection                                                              
(j) on  page 3 after line  10, as follows:   "Duties of  the board                                                              
shall provide  a forum for  representatives of affected  interests                                                              
to  discuss  and  attempt  to  resolve  issues  relevant  to  this                                                              
chapter, AS  46.40, and to the  coastal uses and resources  of the                                                              
state;  the  division  shall  annually  solicit  issues  and  make                                                              
recommendations   to  address   the  issues   to  the   department                                                              
commissioner."                                                                                                                  
                                                                                                                                
There being no  objection, Conceptual Amendment 1  to Amendment 12                                                              
was adopted.                                                                                                                    
                                                                                                                                
6:46:45 PM                                                                                                                    
                                                                                                                                
There being  no further objection,  Amendment 12, as  amended, was                                                              
adopted.                                                                                                                        
                                                                                                                                
6:47:13 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  moved that  the  committee adopt  the  following                                                              
letter of intent [original punctuation provided]:                                                                               
                                                                                                                                
     It is  the intent  of the Legislature  that the  changes                                                                   
     made to the  Alaska Coastal Management Program  under HB
     106  will   increase  the  ability  of   Alaska  Coastal                                                                   
     Districts  and Coastal Resource  Service Areas to  draft                                                                   
     strong Coastal  District Plans  and increase the  number                                                                   
     of enforceable  policies that will be approvable  by the                                                                   
     State  of Alaska Department  of Natural  Resources.   It                                                                   
     is  the intent  of the  Legislature  that these  changes                                                                   
     will  allow the  Alaska  Coastal Management  Program  to                                                                   
     meet   the   concerns   of   coastal   residents   while                                                                   
     developing Alaska's diverse coastal resources.                                                                             
                                                                                                                                
6:48:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  opined that not  all districts will  need to                                                              
increase  the number  of enforceable  policies,  and therefore  it                                                              
might be  better to delete the  language "and increase  the number                                                              
of" and  replace it with  "with", such that  the letter  of intent                                                              
would read as follows:                                                                                                          
                                                                                                                                
     It is  the intent  of the Legislature  that the  changes                                                                   
     made to the  Alaska Coastal Management Program  under HB
     106  will   increase  the  ability  of   Alaska  Coastal                                                                   
     Districts  and Coastal Resource  Service Areas to  draft                                                                   
     strong   Coastal   District   Plans   with   enforceable                                                                   
     policies  that  will  be  approvable  by  the  State  of                                                                   
     Alaska  Department  of Natural  Resources.    It is  the                                                                   
     intent  of  the  Legislature  that  these  changes  will                                                                   
     allow  the Alaska  Coastal  Management  Program to  meet                                                                   
     the  concerns  of  coastal  residents  while  developing                                                                   
     Alaska's diverse coastal resources.                                                                                        
                                                                                                                                
CO-CHAIR  FEIGE   asked  if   there  is   any  objection   to  the                                                              
aforementioned change to the letter of intent.                                                                                  
                                                                                                                                
6:49:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  objected for discussion  purposes.   He clarified                                                              
that  the letter  of intent  doesn't mandate  that every  district                                                              
increase the  number of  enforceable policies,  but the  intent of                                                              
the  "rewrite"  is   to  allow  an  increase  in   the  number  of                                                              
enforceable  policies  in  the coastal  districts  throughout  the                                                              
state.   Therefore,  removal  of the  language  "and increase  the                                                              
number  of" from  the letter  of  intent invites  the question  of                                                              
whether  [the  intent] is  have  the  same number  of  enforceable                                                              
policies that exist now.                                                                                                        
                                                                                                                                
6:51:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  related  her  support  for  the  proposed                                                              
amendment to  the letter  of intent  because it's not  necessarily                                                              
the intent  to create more  enforceable policies, but  rather that                                                              
the coastal districts are able to do what they need to do.                                                                      
                                                                                                                                
REPRESENTATIVE P. WILSON concurred.                                                                                             
                                                                                                                                
6:51:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK  suggested  that  if  the  concern  isn't  in                                                              
regard to  the quantity,  perhaps the  language "and increase  the                                                              
number  of" could  be replaced  with the  language "more  specific                                                              
and accurate" enforceable policies.                                                                                             
                                                                                                                                
CO-CHAIR  FEIGE stated  that before  the  committee could  address                                                              
Representative Dick's  suggestion, it needed to dispense  with the                                                              
proposed change already before it.                                                                                              
                                                                                                                                
6:52:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE  concurred  with  Representative  Munoz.   If  the                                                              
coastal  districts   and  service  areas  are  allowed   to  draft                                                              
stronger  district plans,  one could  expect that  there might  be                                                              
more enforceable  policies.   However, it  is not necessarily  the                                                              
committee's  intent   to  increase   the  number  of   enforceable                                                              
policies.                                                                                                                       
                                                                                                                                
6:53:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON opined  that the  goal  of this  "rewrite" is  to                                                              
address the  problems the coastal  districts have  experienced and                                                              
the constraint with  regard to the number of issues  that could be                                                              
addressed  in  enforceable  policies.    He  emphasized  that  the                                                              
letter of  intent was  written to acknowledge  the problem  of the                                                              
number  of  enforceable  policies  that  were  approvable  by  the                                                              
department,   while   recognizing   that   there  will   be   more                                                              
enforceable policies.                                                                                                           
                                                                                                                                
6:54:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE   remarked  that   although  there  may   be  more                                                              
enforceable policies,  it isn't the intent to  increase the number                                                              
of  enforceable   policies.    He  opined  that   the  enforceable                                                              
policies need to  be based on a solid foundation.   The desire, he                                                              
further opined, is  to make the plans and the  standards for those                                                              
enforceable policies stronger and more clearly defined.                                                                         
                                                                                                                                
6:55:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON opined  that the language  "and increase                                                              
the number  of" shouldn't remain  in the letter of  intent because                                                              
many  of  those enforceable  policies  included  designated  areas                                                              
that are no longer included.                                                                                                    
                                                                                                                                
6:56:06 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE asked  if the language "better  defined enforceable                                                              
policies" would be more appropriate.                                                                                            
                                                                                                                                
6:56:16 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  expressed concern with not recognizing  that more                                                              
than half  of the enforceable  policies of coastal  districts have                                                              
been rejected.   He  then reminded the  committee that  the letter                                                              
intent is [not a mandate/requirement].                                                                                          
                                                                                                                                
6:57:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON maintained his objection.                                                                                       
                                                                                                                                
6:57:57 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
6:58:01 PM                                                                                                                    
                                                                                                                                
A roll  call vote was taken.   Representatives Gardner,  Kawasaki,                                                              
P. Wilson, Herron,  Munoz, Foster, Dick, and Feige  voted in favor                                                              
of the amendment  to the letter of intent.   Representative Seaton                                                              
voted  against it.   Therefore,  the  amendment to  the letter  of                                                              
intent was adopted by a vote of 8-1.                                                                                            
                                                                                                                                
6:59:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON moved  that the  committee adopt  the HB
106 letter of intent,  as amended.  There being  no objection, the                                                              
HB 106 letter of intent, as amended, was adopted.                                                                               
                                                                                                                                
6:59:59 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
7:01:13 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE   announced  that  the  committee   is  now  being                                                              
provided   with  a   proposed  committee   substitute  (CS)   that                                                              
incorporates  all   the  amendments  made  to  date,   except  the                                                              
conceptual amendments made this evening.                                                                                        
                                                                                                                                
7:01:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  moved to adopt the proposed  committee substitute                                                              
(CS), Version 27-GH1965\I, Bullard, 4/4/11, as the work draft.                                                                  
                                                                                                                                
REPRESENTATIVE P. WILSON objected for discussion purposes.                                                                      
                                                                                                                                
7:02:21 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 7:02 p.m. to 7:09 p.m.                                                                       
                                                                                                                                
7:09:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE called the committee back to order.                                                                              
                                                                                                                                
7:09:46 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
7:10:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON removed her objection Version I.                                                                       
                                                                                                                                
There  being  no  further  objection, Version  I  was  before  the                                                              
committee.                                                                                                                      
                                                                                                                                
7:10:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON   moved  that  the  committee   adopt  Conceptual                                                              
Amendment 1 to Version I, as follows:                                                                                           
                                                                                                                                
     Page 2, line 21;                                                                                                           
      Delete "subject to confirmation by the legislation in                                                                     
     joint session, the public members"                                                                                         
                                                                                                                                
7:10:55 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE objected for discussion purposes.                                                                                
                                                                                                                                
7:10:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON   explained  that   the  purpose  of   Conceptual                                                              
Amendment  1 to  Version I  is to conform  the work  draft to  the                                                              
Legislative  Legal   Services  opinion  that  the   board  members                                                              
wouldn't be confirmable by the legislature.                                                                                     
                                                                                                                                
CO-CHAIR FEIGE removed his objection.                                                                                           
                                                                                                                                
There  being  no  further objection,  Conceptual  Amendment  1  to                                                              
Version I was adopted.                                                                                                          
                                                                                                                                
7:12:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ   asked  if  Version  I  includes   all  the                                                              
amendments the committee adopted today.                                                                                         
                                                                                                                                
CO-CHAIR FEIGE replied yes, save the conceptual amendments.                                                                     
                                                                                                                                
7:13:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HERRON  moved  that   the  committee   adopt  the                                                              
conceptual  amendments to  Amendments  9, 10,  11,  and 12  [which                                                              
were  previously  adopted  during  this  hearing]  to  Version  I.                                                              
There  being  no  objection,  those   conceptual  amendments  were                                                              
adopted.                                                                                                                        
                                                                                                                                
7:14:56 PM                                                                                                                    
                                                                                                                                
MR.  BALASH noted  that  the department  will  have  to develop  a                                                              
fiscal  note that  will  reflect the  projected  fiscal year  (FY)                                                              
2012  operating budget  requirements for  DCOM.   The fiscal  note                                                              
will also  include the increments  associated with the  changes to                                                              
the substance of  the law made by this committee,  particularly in                                                              
terms  of the  funds  necessary to  support  the  activity of  the                                                              
board.                                                                                                                          
                                                                                                                                
7:15:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE reminded  everyone that a  considerable amount  of                                                              
effort  and diplomacy  went  into  putting the  CS  together.   He                                                              
opined that  this CS  represents an  excellent compromise  between                                                              
all parties  and much of  the credit for  that compromise  goes to                                                              
Representative Herron.                                                                                                          
                                                                                                                                
7:16:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  thanked the co-chairs, Mr.  Balash, and the                                                              
members of the committee for their work.                                                                                        
                                                                                                                                
REPRESENTATIVE  HERRON  moved  to  report CSHB  106,  Version  27-                                                              
GH1965\I,  Bullard,  4/4/11, as  amended,  out of  committee  with                                                              
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
7:17:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON objected  for discussion  purposes and  clarified                                                              
that  the fiscal  notes  will be  pending.   He  then removed  his                                                              
objection.                                                                                                                      
                                                                                                                                
7:17:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE  announced  then   that  there  being  no  further                                                              
objection,  CSHB 106(RES)  was reported from  the House  Resources                                                              
Standing Committee.                                                                                                             

Document Name Date/Time Subjects
Big Game Commercial - Polley#2.docx HRES 4/4/2011 1:00:00 PM
Game - Hoffman.doc HRES 4/4/2011 1:00:00 PM
Game - Spraker.doc HRES 4/4/2011 1:00:00 PM
Letters of Support for Ted Spraker.PDF HRES 4/4/2011 1:00:00 PM
HB 186 Hearing Request.PDF HRES 4/4/2011 1:00:00 PM
HB 186
HB 186 Sponsor Statement.PDF HRES 4/4/2011 1:00:00 PM
HB 186
HB0186A.pdf HRES 4/4/2011 1:00:00 PM
HB 186
HB186-DFG-WC-04-01-11.pdf HRES 4/4/2011 1:00:00 PM
HB 186
Bison Damage _ 2010.doc HRES 4/4/2011 1:00:00 PM
DBWG Recommendations 1 11 11 (2).doc HRES 4/4/2011 1:00:00 PM
Endangered Species Law and Policy.pdf HRES 4/4/2011 1:00:00 PM
Federal Register Vol 76 No 26.pdf HRES 4/4/2011 1:00:00 PM
HB 186 Wood Bison Back Up - A.PDF HRES 4/4/2011 1:00:00 PM
HB 186
HB 186 Wood Bison Backup - B.PDF HRES 4/4/2011 1:00:00 PM
HB 186
HB 186 Wood Bison Backup - C.PDF HRES 4/4/2011 1:00:00 PM
HB 186
HB 186 Wood Bison Backup - D.PDF HRES 4/4/2011 1:00:00 PM
HB 186
Proposed Downlisting to Threatened.pdf HRES 4/4/2011 1:00:00 PM
Wood Bison News 1.pdf HRES 4/4/2011 1:00:00 PM
Wood Bison News 3.pdf HRES 4/4/2011 1:00:00 PM
Wood Bison News 4a.pdf HRES 4/4/2011 1:00:00 PM
HB 106 Amendment 9 -A.30 & Amendment 10 - A.31.PDF HRES 4/4/2011 1:00:00 PM
HB 106
HB 106 Letter of Intent.PDF HRES 4/4/2011 1:00:00 PM
HB 106
HB 106 Amendment 11 - A.32.PDF HRES 4/4/2011 1:00:00 PM
HB 106
HB 106 Amendment 12 - A.33.PDF HRES 4/4/2011 1:00:00 PM
HB 106
HB 106 Amendment 7 - A.27.PDF HRES 4/4/2011 1:00:00 PM
HB 106
HB 106 Amendment 8 - A. 28.PDF HRES 4/4/2011 1:00:00 PM
HB 106
HB 106 Amendment Summary 4.4.11.pdf HRES 4/4/2011 1:00:00 PM
HB 106
HB 106 Amendment 1 - A.2.PDF HRES 4/4/2011 1:00:00 PM
HB 106
HB 106 Amendment 6 - A.16.PDF HRES 4/4/2011 1:00:00 PM
HB 106
HB 106 Conceptual Amendment Changing statewide standard references 4.4.11.pdf HRES 4/4/2011 1:00:00 PM
HB 106