Legislature(2013 - 2014)BARNES 124

02/07/2014 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 285 KACHEMAK BAY CRITICAL HABITAT AREA TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 268 BIG BULL MOOSE DERBIES TELECONFERENCED
Moved CSHB 268(RES) Out of Committee
           HB 285-KACHEMAK BAY CRITICAL HABITAT AREA                                                                        
                                                                                                                                
1:05:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SADDLER  announced that  the  first  order of  business                                                               
would be HOUSE BILL NO. 285,  "An Act excluding certain land from                                                               
the Kachemak Bay Critical Habitat Area."                                                                                        
                                                                                                                                
1:05:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE CHENAULT, Alaska  State Legislature, as prime                                                               
sponsor,  stated that  HB 285  would  exempt the  Homer port  and                                                               
harbor from the Kachemak Bay Critical  Habitat Area.  The City of                                                               
Homer supports  HB 285, noting it  would allow the City  of Homer                                                               
to move  forward and capture  some revenue from the  oil industry                                                               
while  protecting  the  habitat  as  originally  set  up  by  the                                                               
community.                                                                                                                      
                                                                                                                                
1:07:37 PM                                                                                                                    
                                                                                                                                
TOM  WRIGHT, Staff,  Representative Mike  Chenault, Alaska  State                                                               
Legislature recalled that the Kachemak  Bay Critical Habitat Area                                                               
was  generally   well  received  and  the   enabling  legislation                                                               
"sailed"  through   the  legislature.     He  noted   the  Alaska                                                               
Department  of Fish  &  Game (ADF&G)  and  Department of  Natural                                                               
Resources (DNR) are available for questions.                                                                                    
                                                                                                                                
MR. WRIGHT pointed  out the resolution from the City  of Homer in                                                               
members' packets, which passed the  city council unanimously.  He                                                               
also  noted  that the  sponsor  received  a letter  today  [dated                                                               
February 6, 2014] from Kachemak  Bay Conservation Society voicing                                                               
several concerns.                                                                                                               
                                                                                                                                
1:09:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SADDLER opened public testimony on HB 285.                                                                             
                                                                                                                                
1:09:51 PM                                                                                                                    
                                                                                                                                
WALT WREDE, City Manager, City of  Homer, stated that the City of                                                               
Homer strongly  supports HB 285.   He  referred to City  of Homer                                                               
Resolution 14-005  [dated January  13, 2014] in  members' packets                                                               
adopted unanimously in support of HB  285.  He reported that this                                                               
bill  will  remove  the  Homer  port and  harbor  area  from  the                                                               
critical  habitat  area.    He said  the  Kachemak  Bay  Critical                                                               
Habitat Area  is very  important to Homer.   It  protects Homer's                                                               
land  and waters,  sustains the  economy and  the lifestyle  that                                                               
people in Homer  enjoy.  The community doesn't  intend to propose                                                               
any changes to the critical habitat area as part of this bill.                                                                  
                                                                                                                                
MR.  WREDE advised  members that  the port  and harbor  was never                                                               
intended  to be  included as  part of  the Kachemak  Bay Critical                                                               
Habitat Area  and has caused  numerous problems  with enforcement                                                               
and   regulation  interpretation.     He   anticipated  potential                                                               
benefits if  HB 285  passed.  First,  it would  resolve conflicts                                                               
that currently  exist between the  statutes and the  Kachemak Bay                                                               
Critical  Habitat  Area  Plan  with  respect  to  the  regulatory                                                               
applicability  of  the  plan  on  the port  and  harbor  and  the                                                               
municipal land.   Second, it  would make things much  clearer and                                                               
straightforward  for ADF&G  to permit  certain activities  at the                                                               
port  and  harbor.   Third,  it  would solve  some  long-standing                                                               
problems  that this  discrepancy has  caused.   For example,  the                                                               
critical habitat  area plan says  that a vessel cannot  be moored                                                               
for more than  14 days or drop  an anchor for more  than 14 days.                                                               
He  acknowledged  that  it's  easy  to see  how  it  could  cause                                                               
problems for a busy harbor like Homer.                                                                                          
                                                                                                                                
MR. WREDE  indicated that  the city has  experienced quite  a few                                                               
permitting  delays for  even simple  projects within  the harbor,                                                               
such as when  the harbor replaces floats  or other infrastructure                                                               
within the harbor.   Finally, probably the  most noteworthy would                                                               
be the  effect on  drilling rigs.   Right  now the  ADF&G doesn't                                                               
have the  ability to permit drill  rigs at the Homer  dock if the                                                               
drill rig is parked for maintenance  and repair and resupply.  He                                                               
reported  that oil  and gas  activities  are ramping  up in  Cook                                                               
Inlet and  Homer is the  logical place  for rigs to  be serviced.                                                               
The  port and  harbor  has  sufficient infrastructure,  emergency                                                               
response capabilities,  and it  is an  ice-free deep  water port.                                                               
The City of Homer would like to  be of service to the oil and gas                                                               
industry and  this is  one way  to accomplish  this.   He thanked                                                               
members for the opportunity to comment.                                                                                         
                                                                                                                                
1:13:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SADDLER, after  first determining no one  else wished to                                                               
testify, closed public testimony on HB 285.                                                                                     
                                                                                                                                
1:14:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  stated  the   overall  purpose  of  the                                                               
Kachemak  Bay  Critical  Habitat  Area  is  to  preserve  habitat                                                               
crucial to fish  and wildlife populations.  He  presumed the port                                                               
is in the  middle of the critical habitat area  but was unsure of                                                               
the geography.  He asked whether this is typical.                                                                               
                                                                                                                                
RANDY BATES, Director, Division of  Habitat, Department of Fish &                                                               
Game,  stated that  the exclusion  is  within the  center of  the                                                               
critical habitat area.                                                                                                          
                                                                                                                                
REPRESENTATIVE KAWASAKI wondered if  other critical fish and game                                                               
habitat areas have  an exemption right in the  middle, creating a                                                               
"donut" type of area.                                                                                                           
                                                                                                                                
MR. BATES answered  yes; that a number of  other critical habitat                                                               
areas, state game refuges or  sanctuaries - 32 areas comprising a                                                               
little more than 3.2 million  acres statewide - have either donut                                                               
holes  or   privately-owned  sections  of  land   are  fully  and                                                               
completely surrounded by critical habitat  areas.  He pointed out                                                               
some   fall  on   federal  land,   municipal  land,   or  private                                                               
inholdings,  so  this  would  not  be  unique  in  terms  of  the                                                               
structure of land ownership in Alaska.                                                                                          
                                                                                                                                
1:16:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON noted  that  page 2  of  the Kachemak  Bay                                                               
Critical Habitat  Area plan excludes federal  and municipal lands                                                               
within the  critical habit area.   It wasn't envisioned  that the                                                               
Port of  Homer would be  part of the  critical habit when  it was                                                               
drawn up in  1974.  He highlighted one issue  arose when the City                                                               
of  Homer obtained  permission to  lease land  from the  state to                                                               
extend  to  a  deep  water  dock  and  allow  the  same  type  of                                                               
industrial use to  occur on the end of the  spit.  Questions were                                                               
raised on  whether it  was state  land or  municipal land.   Last                                                               
year the  legislature transferred  the ownership  of the  land to                                                               
the municipality.   This bill will  clarify allowable activities.                                                               
In fact,  some areas  have been  intended to  be dredged  and re-                                                               
dredged  annually; however,  it's hard  to allow  disturbances on                                                               
land designated as part of the critical habit area.                                                                             
                                                                                                                                
REPRESENTATIVE  SEATON  stated  another   problem  arose  when  a                                                               
drilling rig  moored at the dock  needed to put its  legs down to                                                               
stabilize  during  wind,  raising  questions  about  whether  the                                                               
activity  was illegal  storage even  though  it was  at the  same                                                               
location.    The  ADF&G  wasn't   able  to  issue  a  permit  and                                                               
ultimately it  all worked  out but  the incident  highlighted the                                                               
need to  make proactive changes  without impacting  the integrity                                                               
of  the  critical habit.    The  usages  will  not change.    For                                                               
example,  if a  drilling  rig needed  to put  its  legs down  for                                                               
safety, it  would still require  a permit  but it wouldn't  be as                                                               
complicated  as it  is under  the current  Kachemak Bay  Critical                                                               
Habitat Area.                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON  said he  was at  the city  council meeting                                                               
when the resolution passed and no one objected.                                                                                 
                                                                                                                                
1:20:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON moved to  report HB 285 out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
note.   There being no  objection, HB  285 was reported  from the                                                               
House Resources Standing Committee.                                                                                             

Document Name Date/Time Subjects
City of Homer Open for Business Reso 13-118.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB 285 Sponsor Statement.pdf HRES 2/7/2014 1:00:00 PM
HB 285
KBCHA proposed areas of exclusion.pdf HRES 2/7/2014 1:00:00 PM
HB 285
legal description of KBCHA exemption from Alaska Department of Natural Resources.pdf HRES 2/7/2014 1:00:00 PM
HB 285
Map Proposed Exclusion to the Kachemak Bay Critical Habitat Area from DNR.pdf HRES 2/7/2014 1:00:00 PM
HB 285
Relevant pages of Kachemak Bay and Fox River Flats Critical Habitat Areas Management Plan.pdf HRES 2/7/2014 1:00:00 PM
HB 285
Reso 14-005 Kachemak Bay Critical Habitat Boundary Change.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HCOCsupportCity of Homer.pdf HRES 2/7/2014 1:00:00 PM
HB 285
North Star Terminal Letter of Support.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB 285 Bullet Proof Nets Letter.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB 285 Erickson Letter.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB 285 Edgewater Marine Surveyors Letter.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB285-DFG-HAB-01-30-14.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB 268(RES) Version C.pdf HRES 2/7/2014 1:00:00 PM
HB 268
HB 285 KBCS Letter.docx.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB 285 Zak Letter.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB268-DOR-TAX-01-31-14.pdf HRES 2/7/2014 1:00:00 PM
HB 268