Legislature(2011 - 2012)CAPITOL 106

02/21/2012 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 304 ALASKA FIRE STANDARDS COUNCIL TELECONFERENCED
Moved Out of Committee
+ HJR 34 COAST GUARD ICEBREAKERS & ARCTIC BASE TELECONFERENCED
Moved CSHJR 34(STA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 254 ALASKA NATIVE LANGUAGE COUNCIL TELECONFERENCED
Moved CSHB 254(STA) Out of Committee
          HJR 34-COAST GUARD ICEBREAKERS & ARCTIC BASE                                                                      
                                                                                                                                
8:53:05 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the final order of  business was HOUSE                                                               
JOINT RESOLUTION  NO. 34,  Urging the  United States  Congress to                                                               
fund  all the  facilities and  vessels necessary  for the  United                                                               
States  Coast Guard  to fulfill  its  Arctic missions,  including                                                               
icebreakers and an Arctic Coast Guard base.                                                                                     
                                                                                                                                
[Before the committee was CSHJR 34(MLV).]                                                                                       
                                                                                                                                
8:53:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER moved  to adopt Amendment 1,  which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 4, lines 26 - 28:                                                                                                     
          Delete "icebreakers, including charging for                                                                           
     icebreaker  escorts, the  option to  lease rather  than                                                                    
     own the  icebreakers needed in the  Arctic, and selling                                                                    
     our  aging  icebreakers  to   the  private  sector  for                                                                    
     refurbishment"                                                                                                             
          Insert "the refurbishment of our current polar                                                                        
     class icebreakers, the  acquisition of new icebreakers,                                                                    
     and  the long-term  maintenance funding  of the  United                                                                    
     States   Coast  Guard   icebreaker  fleet   and  Arctic                                                                    
     facilities"                                                                                                                
                                                                                                                                
8:53:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   P.  WILSON   objected   [for   the  purpose   of                                                               
discussion].                                                                                                                    
                                                                                                                                
8:53:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BOB HERRON,  Alaska State  Legislature, presented                                                               
HJR 34 as  sponsor.  He stated his support  of Amendment 1, which                                                               
he said is a result of  testimony heard in the previous committee                                                               
of referral.   He explained that "when you lease,  you don't have                                                               
full control over icebreakers at  all times," which he said could                                                               
be  important in  emergency  situations.   He  said charging  for                                                               
icebreaker  escorts is  illegal  in  international waters,  where                                                               
freedom of navigation is guaranteed  under international law.  He                                                               
said "this"  makes sense in  regard to  the northern sea  route -                                                               
the Russian  side; it does  not make so  much sense in  regard to                                                               
the Bering Strait.  He  relayed that although selling icebreakers                                                               
may make  sense on rare  occasion, refurbishing them  is probably                                                               
the best plan.                                                                                                                  
                                                                                                                                
8:56:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON removed her  objection.  [There being no                                                               
further objection, Amendment 1 was adopted.]                                                                                    
                                                                                                                                
8:57:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  stated that  [CSHJR 34(MLV),  as amended,]                                                               
asks U.S. Congress  to fund all facilities  and vessels necessary                                                               
for  the U.S.  Coast Guard  to fulfill  its mission,  including a                                                               
forward Arctic  base, icebreakers, and  ice capable vessels.   He                                                               
said the  genesis of  the proposed resolution  came from  a study                                                               
done  by  the Northern  Waters  Task  Force, in  particular  from                                                               
conversations and  testimony heard during that  process regarding                                                               
national   and  state   securities,   for  which   the  USCG   is                                                               
responsible.    He  explained  that  during  the  testimony,  the                                                               
opinion  was voiced  that the  State  of Alaska  should urge  the                                                               
federal government  to strengthen  and broaden  USCG capabilities                                                               
with more icebreakers.                                                                                                          
                                                                                                                                
REPRESENTATIVE  HERRON said  currently the  only operational  ice                                                               
breaker is  the Healy, and  its life  expectancy is to  2029; the                                                               
Polar Star is  due back in 2013, after its  refurbishment, but is                                                               
only expected to last until 2023.   In response to Chair Lynn, he                                                               
said  all   three  icebreakers  are  in   the  Pacific  Northwest                                                               
currently.   He  relayed  that  the Polar  Sea  is  slated to  be                                                               
decommissioned.   He  indicated that  President Barack  Obama has                                                               
put $8  million toward studies and  a new icebreaker.   He said a                                                               
new icebreaker  costs up to  $1 billion  and can take  7-10 years                                                               
from  the time  it is  funded to  the time  it is  launched.   He                                                               
further indicated that the rationale  of the proposed legislation                                                               
is contained within its language.                                                                                               
                                                                                                                                
8:59:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON said  the ideas  inserted in  the proposed                                                               
joint  resolution were  from Lt.  Governor Mead  Treadwell, whose                                                               
history with  the Arctic is well  chronicled.  He noted  that the                                                               
last committee  of referral  amended HJR 34  so that  all foreign                                                               
ministers  of   "the  appropriate  Arctic   jurisdictions"  would                                                               
receive a copy.                                                                                                                 
                                                                                                                                
9:00:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  stated  his support  of  the  proposed                                                               
joint  resolution.   He  asked if  there is  a  need to  purchase                                                               
additional aircraft.                                                                                                            
                                                                                                                                
REPRESENTATIVE   HERRON   replied   that   under   the   proposed                                                               
legislation, the  legislature is asking  the U.S. Coast  Guard to                                                               
work with its federal funders  for an icebreaker with helicopters                                                               
that  would be  stationed  on  the icebreaker.    He suggested  a                                                               
shorter term  goal would be  the establishment of a  forward base                                                               
somewhere between Nome and Barrow that  would house a C 1-30.  He                                                               
offered his understanding  that in the recent past, a  C 1-30 had                                                               
to overnight  in Barrow  in freezing  weather and,  because there                                                               
was no housing  for it, parts froze, and the  C 1-30 was grounded                                                               
to wait for new parts to be brought in.                                                                                         
                                                                                                                                
9:02:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  pointed to the reference  to "the United                                                               
States Arctic  Region Policy" on page  1, line 13, and  asked for                                                               
information about that policy.                                                                                                  
                                                                                                                                
REPRESENTATIVE HERRON relayed that on  January 9, 2009, there was                                                               
a  Presidential  directive to  the  U.S.  Department of  Homeland                                                               
Security regarding  the security of  the Arctic region.   He said                                                               
he would make copies available to the committee.                                                                                
                                                                                                                                
9:04:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  said he  thinks it  is logical  that "we                                                               
have a presence and move towards  this," but explained that he is                                                               
trying to clarify language within  the proposed joint resolution.                                                               
He  directed attention  to  language  on page  2,  line 1,  which                                                               
states that  "ice cover in the  Arctic is at historic  lows", and                                                               
he questioned the scientific accuracy of that statement.                                                                        
                                                                                                                                
REPRESENTATIVE  HERRON  responded  that   he  thinks  that  brief                                                               
statement could be "further and better explained."                                                                              
                                                                                                                                
9:05:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  directed attention  to language  on page                                                               
4,  lines  8-10,  which read  as  follows  [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
          WHEREAS having a sufficient number of ice-capable                                                                   
     vessels,    including   shallow-draft    vessels   with                                                                    
     icebreaking capability, is vital  for the United States                                                                    
     Coast  Guard to  fulfill its  expanding mission  in the                                                                    
     Arctic; and                                                                                                                
                                                                                                                                
REPRESENTATIVE JOHANSEN asked the sponsor  if he is familiar with                                                               
the U.S. Coast Guard's plans for the future.                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON deferred to Admiral Garrett.                                                                              
                                                                                                                                
REPRESENTATIVE JOHANSEN  directed attention to the  term, "Bering                                                               
Strait  chokepoint",  on page  4,  line  12,  and asked  for  the                                                               
sponsor's definition of "chokepoint".                                                                                           
                                                                                                                                
REPRESENTATIVE  HERRON answered  that  "chokepoint"  is a  common                                                               
phrase heard  during visits to  the Nome area, Wales,  and Little                                                               
Diomede,  but   he  deferred  to   Admiral  Garret   for  further                                                               
explanation.                                                                                                                    
                                                                                                                                
9:07:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked the  bill  sponsor  if he  would                                                               
consider adding  another "whereas"  and another "be  it resolved"                                                               
to HJR  34, to  ask U.S. Congress  to ratify the  Law of  the Sea                                                               
Treaty "for reasons expressed in here."                                                                                         
                                                                                                                                
9:09:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON   said  the   legislature  has   passed  a                                                               
resolution related  to the  Law of  the Sea  Treaty, which  is in                                                               
court.                                                                                                                          
                                                                                                                                
9:10:49 AM                                                                                                                    
                                                                                                                                
ADMIRAL JEFFREY GARRETT  (Retired) related that he  spent much of                                                               
his career  with the U.S.  Coast Guard serving in  the icebreaker                                                               
fleet both  in the  Arctic and  the Antarctic.   He  continued as                                                               
follows:                                                                                                                        
                                                                                                                                
     I think, as the Arctic  has transformed in the past few                                                                    
     years, these  assets have become  increasingly critical                                                                    
     to  the  Coast  Guard's  ability  to  perform  all  its                                                                    
     mission  responsibility  in  the Arctic,  and  I  think                                                                    
     right  now we're  starting to  see the  consequences of                                                                    
     the nation's long-term  disinvestment in our icebreaker                                                                    
     fleet.                                                                                                                     
                                                                                                                                
ADMIRAL  GARRETT said  the U.S.  Coast Guard  has been  unable to                                                               
deploy an  icebreaker for Arctic multi-mission  purposes for over                                                               
two years, and planned missions for  the Polar Sea have had to be                                                               
cancelled.   He said, "The  nation's had no  icebreaker available                                                               
to  provide  the  critical  annual  resupply  of  U.S.  bases  in                                                               
Antarctica this  year, forcing reliance on  the expensive, short-                                                               
term charter of a Russian  vessel."  Furthermore, he relayed, the                                                               
icebreaker Healy  was used  to supply Nome  with its  fuel supply                                                               
last month,  and, while  the mission to  Nome was  successful, it                                                               
was accomplished  only at the  cost of extending  Healy's lengthy                                                               
Arctic deployment  and disrupting planned maintenance  and future                                                               
operations.                                                                                                                     
                                                                                                                                
ADMIRAL GARRETT  said he thinks Alaskans  clearly understand what                                                               
is happening in the Arctic today.   He said he is glad to see the                                                               
need for adequate Arctic resources  summarized in HJR 34, as well                                                               
as the  resolution's strong  call for  the federal  government to                                                               
provide  the  U.S.  Coast  Guard  with the  means  to  "meet  our                                                               
national  needs  in  the  Arctic" -  particularly  in  regard  to                                                               
icebreakers.  He  said the fact that the  President's 2013 budget                                                               
includes funding to begin  icebreaker requisition is encouraging;                                                               
however, he opined that "this  important action must move forward                                                               
quickly, and we have to ensure  that the Polar Star and Polar Sea                                                               
remain  fully operational  in the  interim."   He said,  "There's                                                               
really  no substitute  for  having  the right  tool  to meet  the                                                               
challenges of a transforming Arctic."                                                                                           
                                                                                                                                
ADMIRAL  GARRETT  echoed  Representative Herron's  mention  of  a                                                               
Presidential  directive  to  the   U.S.  Department  of  Homeland                                                               
Security regarding  the security of  the Arctic region,  and said                                                               
it is  a "high-level  document."   He noted  that the  U.S. Coast                                                               
Guard  has  a high-level  document  called,  "A Strategic  Arctic                                                               
Approach."   He  said, "Really  what's missing,  I think,  is the                                                               
actual tool to do these things."                                                                                                
                                                                                                                                
9:14:50 AM                                                                                                                    
                                                                                                                                
ADMIRAL  GARRETT,  in  response   to  a  previous  question  from                                                               
Representative Johansen asking for  a definition of "chokepoint",                                                               
explained  that  any  entrance  to or  from  the  Western  Arctic                                                               
requires  travel   through  the   Bering  Strait,   which  forces                                                               
international traffic  "through U.S.  waters in  Nome."   He said                                                               
the U.S.  Coast Guard  is concerned about  having the  ability to                                                               
monitor  that  traffic.   He  said  icebreakers  are the  key  to                                                               
situations related  to defense, security, search  and rescue, and                                                               
pollution.                                                                                                                      
                                                                                                                                
9:15:49 AM                                                                                                                    
                                                                                                                                
ADMIRAL GARRETT,  regarding previous  mention of  the Law  of the                                                               
Sea Treaty, stated:                                                                                                             
                                                                                                                                
     This has  been on the  table for many years:   multiple                                                                    
     chiefs  of naval  operations,  multiple commandants  of                                                                    
     the  Coast  Guard,  joint  chiefs  of  staff  have  all                                                                    
     (indisc.)  incentive  to  pass   the  Law  of  the  Sea                                                                    
     [Treaty], which  will enable the United  States to make                                                                    
     Continental Shelf claims and  will preserve U.S. rights                                                                    
     and give  us (indisc. -- coughing)  standing, basically                                                                    
     to participate  in future  Law of the  Sea items.   And                                                                    
     this is particularly germane to  the Arctic, where, for                                                                    
     the past 6  years, the icebreaker Healy  has been doing                                                                    
     survey work to justify  and defend this against foreign                                                                    
     claims of the outer Continental Shelf.                                                                                     
                                                                                                                                
9:16:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG recollected that  in history, there were                                                               
seven  or eight  vital straits  named, and  he questioned  if the                                                               
Bering Strait was one.                                                                                                          
                                                                                                                                
ADMIRAL GARRETT  said he  does not believe  "in those  days" that                                                               
the  Bering Strait  "figured much  into  the worldwide  strategic                                                               
construct," but he opined that it should today.                                                                                 
                                                                                                                                
9:18:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  referred  to   a  book  entitled,  The                                                             
Influence of  Sea Power on  History, and indicated  that updating                                                             
related to straits would be necessary.                                                                                          
                                                                                                                                
ADMIRAL GARRETT  concurred.  He  mentioned the effect  of climate                                                               
change on naval operations.  He  said he thinks the Bering Strait                                                               
has to be considered a critical waterway.                                                                                       
                                                                                                                                
9:19:06 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN  said  this  issue  is  interesting,  but  questioned                                                               
whether it is germane to the proposed joint resolution.                                                                         
                                                                                                                                
9:19:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  asked  that  the  committee  not  include                                                               
language regarding the Law of Sea Treaty in HJR 34.                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG said  The Study of Sea  Power shows that                                                             
battles  and wars  are  won  by who  controls  the  straits.   He                                                               
referenced  the  word  "chokepoint",  on page  4,  line  12,  and                                                               
emphasized  the  importance  of  controlling  the  entire  Bering                                                               
Strait, which he  said will "have a lot of  importance as we have                                                               
more global warming."                                                                                                           
                                                                                                                                
9:21:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HERRON  mentioned   the   National  Academy   of                                                               
Sciences' 50-year U.S. Navy research  project, and indicated that                                                               
the proposed legislation could be amended on the House floor.                                                                   
                                                                                                                                
9:22:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG offered  his office's  service in  that                                                               
effort.   He reemphasized, "It's  more than a chokepoint;  it's a                                                               
strategic strait."                                                                                                              
                                                                                                                                
CHAIR  LYNN suggested  that the  word "strategic"  may be  better                                                               
than the word "chokepoint".                                                                                                     
                                                                                                                                
REPRESENTATIVE  JOHANSEN remarked  that  "perhaps another  Arctic                                                               
resolution ... might be your answer."                                                                                           
                                                                                                                                
9:22:49 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN closed public testimony.                                                                                             
                                                                                                                                
9:22:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN moved to adopt Amendment 2, as follows:                                                                 
                                                                                                                                
     Page 1, lines 6-7:                                                                                                         
          Delete "on equal footing with the previously                                                                          
     admitted states"                                                                                                           
                                                                                                                                
9:23:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for  the purpose of discussion.                                                               
He  asked  why  Representative  Johansen thinks  Alaska  was  not                                                               
admitted on equal footing.                                                                                                      
                                                                                                                                
REPRESENTATIVE JOHANSEN  opined that since the  original thirteen                                                               
colonies,  no   state  has  been   admitted  on   equal  footing,                                                               
especially  Alaska,  where most  of  the  land  is owned  by  the                                                               
federal government  and the  state is  controlled by  the federal                                                               
government like no other state in the Union.                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said the effect  of Amendment 1 would be                                                               
to imply  that Alaska  was admitted on  less than  equal footing.                                                               
He said  he thinks it is  important to establish that  Alaska has                                                               
the  rights  of all  other  states,  even  if  it is  not  always                                                               
accorded those rights.                                                                                                          
                                                                                                                                
CHAIR LYNN  questioned whether Amendment  1 would have  an effect                                                               
on  the heart  of the  proposed joint  resolution, which  is that                                                               
Alaska needs more icebreakers.                                                                                                  
                                                                                                                                
9:25:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN, in  response to  Chair Lynn,  asked why                                                               
the language is in  HJR 34 if it does not make  a difference.  In                                                               
response  to  Representative  Gruenberg,  he  said  the  language                                                               
directly before  that which  would be  deleted under  Amendment 1                                                               
shows  that "Alaska  was  admitted  to statehood  in  1959".   He                                                               
reiterated that stating  Alaska is on equal  footing is admitting                                                               
that  Alaska is  treated equally,  which he  does not  believe is                                                               
true.                                                                                                                           
                                                                                                                                
9:26:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG maintained his objection.                                                                              
                                                                                                                                
9:26:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON ventured there  is a legal question wherein                                                               
there  may be  debate as  to whether  Alaska was  the only  state                                                               
admitted  having  subsurface  rights   to  gas,  oil,  and  other                                                               
minerals, and he  remarked that almost all of  Alaska's budget is                                                               
based  upon  the  particularity  of receiving  oil  and  all  the                                                               
subsurface rights.   He said the legislature  has had discussions                                                               
regarding the  amount of land  "given to education"  and "whether                                                               
some of them  were resolved by money and trust  instead of actual                                                               
land."  He  said he thinks the  intent of the first  four or five                                                               
"WHEREAS"  statements  in  HJR  34  is to  say  that  Alaska  was                                                             
purchased and  admitted on equal  footing, and in  recognition of                                                               
that, Alaska deserves the same  protection and preferences as any                                                               
other state.   He stated, "I  think that the sequence  in hear is                                                               
to make  a continuity  between the second  whereas and  the fifth                                                               
whereas following in conjunction."   In response to the chair, he                                                               
clarified that he was speaking in objection to Amendment 2.                                                                     
                                                                                                                                
9:28:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER stated his support for Amendment 2.                                                                       
                                                                                                                                
9:28:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  that  the proposed  Amendment 2  be                                                               
read again for clarification.                                                                                                   
                                                                                                                                
9:28:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN clarified Amendment 2.   He said he would                                                               
like the bill sponsor's response to Amendment 2.                                                                                
                                                                                                                                
9:29:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  said he  thinks  Amendment  2 is  in  the                                                               
possession  of the  committee, and  he said,  "I have  no opinion                                                               
either way."                                                                                                                    
                                                                                                                                
9:29:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  asked for confirmation that  Amendment 2                                                               
would not delete the word "and" [on page 1, line 7].                                                                            
                                                                                                                                
REPRESENTATIVE JOHANSEN answered that is correct.                                                                               
                                                                                                                                
9:30:03 AM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  P. Wilson, Keller,                                                               
Petersen,  Johansen, and  Lynn  voted in  favor  of Amendment  2.                                                               
Representatives   Seaton   and   Gruenberg  voted   against   it.                                                               
Therefore, Amendment 2 was adopted by a vote of 5-2.                                                                            
                                                                                                                                
9:30:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN moved to adopt Amendment 3, as follows:                                                                 
                                                                                                                                
     Page 1, line 8:                                                                                                            
          Delete "deserves"                                                                                                     
          Insert "expects"                                                                                                      
                                                                                                                                
          Delete "and assistance"                                                                                               
                                                                                                                                
9:31:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON objected.   She said she would  like to                                                               
split  [Amendment  3] in  two.    She  explained that  she  likes                                                               
"expects" but does not like "and assistance".                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN said he would  like to speak to Amendment                                                               
3  before any  motions  are made  to change  it.   Regarding  the                                                               
proposed change from  "deserves" to "expects", he  said, "I don't                                                               
want  to  sit   around  and  think  that   I  deserve  anything."                                                               
Likewise, he said he does not  want anyone to think he is waiting                                                               
around for assistance.                                                                                                          
                                                                                                                                
9:32:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    PETERSEN    said     he    understands    where                                                               
[Representative Johansen]  is coming  from, but does  not believe                                                               
that the  State of Alaska  wants to  be in the  icebreaker buying                                                               
business  and,   thus,  needs  the  assistance   of  the  federal                                                               
government to procure icebreakers.                                                                                              
                                                                                                                                
CHAIR  LYNN  reiterated that  obtaining  icebreakers  is the  key                                                               
element of HJR 34.  He  said he supports Amendment 3; however, he                                                               
indicated  Alaska's involvement  with the  federal government  in                                                               
terms of acquiring icebreakers.                                                                                                 
                                                                                                                                
9:34:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON offered  his understanding  that a  motion                                                               
had been  made to divide  the question,  and he said  he supports                                                               
doing so.                                                                                                                       
                                                                                                                                
9:34:16 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN  announced  that  the   committee  would  divide  the                                                               
question to  Amendment 3, such  that there would be  an Amendment                                                               
3a and 3b.                                                                                                                      
                                                                                                                                
9:34:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  moved   to  adopt  Amendment  3a,  as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 1, line 8:                                                                                                            
          Delete "deserves"                                                                                                     
          Insert "expects"                                                                                                      
                                                                                                                                
9:34:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  objected.   He  explained  that it  is                                                               
possible to expect something but not  deserve it.  He opined that                                                               
it is more important that  Alaska deserve [full recognition], and                                                               
he said  he thinks the state  deserves it.  Furthermore,  he said                                                               
he thinks  the state deserves  the assistance in  this particular                                                               
case.   He warned,  "The effect of  this amendment,  whether it's                                                               
divided  or not,  will weaken  the 'WHEREAS'  clause."   He said,                                                             
"This is  not just  semantics; this  is the  heart of  the policy                                                               
behind  the  resolution."     He  concurred  with  Representative                                                               
Petersen regarding  Alaska not  being in  the business  of buying                                                               
icebreakers.   He  said this  is  a national  issue of  strategic                                                               
importance.   He emphasized  that without  the assistance  of the                                                               
federal  government,  Alaska will  not  have  the icebreakers  it                                                               
needs.   He opined  that the proposed  language would  weaken HJR
34.                                                                                                                             
                                                                                                                                
9:36:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  said, "I'll  withdraw my  amendment to                                                               
divide."                                                                                                                        
                                                                                                                                
CHAIR LYNN  stated, "So, we're  back to the  original amendment."                                                               
He asked Representative Johansen to restate [Amendment 3].                                                                      
                                                                                                                                
9:36:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  renewed his motion to  adopt Amendment 3                                                               
[language previously provided].                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG restated his opposition to Amendment 3.                                                                
                                                                                                                                
REPRESENTATIVE JOHANSEN  explained that he thinks  using the term                                                               
"deserves" makes Alaska sound like  a spoiled little child, while                                                               
he thinks using  the word "expects" means  that high expectations                                                               
will be  met.  Regarding  the previous remark that  the amendment                                                               
is not germane  to the issue, he said, the  language addressed by                                                               
Amendment 3 is a part of  the proposed joint resolution.  He said                                                               
the  current   language  states  that  Alaska   deserves  federal                                                               
assistance  like any  other state.    He said,  "I'm pretty  sure                                                               
they're not building  icebreakers in Kansas; they  get other ways                                                               
of assistance."                                                                                                                 
                                                                                                                                
9:38:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER offered  his understanding  that "expects"                                                               
presumes "the deserved  part" and is, therefore,  a much stronger                                                               
word.                                                                                                                           
                                                                                                                                
9:38:28 AM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  Johansen, Keller,                                                               
and  Lynn voted  in favor  of the  motion to  adopt Amendment  3.                                                               
Representatives Seaton, Gruenberg, Petersen,  and P. Wilson voted                                                               
against it.  Therefore, Amendment 3 failed by a vote of 3-4.                                                                    
                                                                                                                                
9:39:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN moved to adopt Amendment 4, as follows:                                                                 
                                                                                                                                
     Page 2, lines 4-5, following "activity":                                                                                   
            Delete "related to shipping, oil and gas                                                                            
     development, commercial fishing, and tourism"                                                                              
                                                                                                                                
REPRESENTATIVE  JOHANSEN said  the intent  of Amendment  4 is  to                                                               
broaden the  language.   He explained that  there could  be other                                                               
types  of human  activity in  the Arctic  region, including  sail                                                               
boats and vessels related to science.                                                                                           
                                                                                                                                
9:40:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG objected.   He said the phrase, "related                                                               
to  shipping, oil  and gas  development, commercial  fishing, and                                                               
tourism" is  meant to  be illustrative, not  exclusive.   He said                                                               
the text focuses the attention of  the reader on "things that are                                                               
involved  and ...  are essential  to the  icebreaker issue."   He                                                               
said he  does not think anyone  would argue that the  state needs                                                               
to purchase an icebreaker to enable  a sail boat to travel in the                                                               
Arctic.  He reiterated that  the proposed change would weaken the                                                               
"WHEREAS" clause.                                                                                                             
                                                                                                                                
9:41:28 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN  moved  to  amend Amendment  4,  to  add  "including"                                                               
[instead of "related to"].                                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG said he would support that.                                                                            
                                                                                                                                
REPRESENTATIVE JOHANSEN  objected.   He said  if an  amendment is                                                               
made  to  Amendment  4,  he   would  like  the  language  to  say                                                               
"including but not limited to".                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG called  a point  of order,  and related                                                               
that [AS 01.10.040(b)] specifies  that the meaning of "including"                                                               
in legislation is "including but not limited to".                                                                               
                                                                                                                                
REPRESENTATIVE   JOHANSEN  maintained   his   objection  to   the                                                               
amendment to Amendment 4.                                                                                                       
                                                                                                                                
9:42:49 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN, in response to  Representative Seaton, clarified that                                                               
under  the amendment  to Amendment  4, [page  2, lines  3-5 would                                                               
read as follows]:                                                                                                               
                                                                                                                                
          WHEREAS the entire Arctic region, including the                                                                     
     Arctic  region of  the United  States, is  experiencing                                                                    
     increased  human activity,  including activity  related                                                                    
     to  shipping,  oil   and  gas  development,  commercial                                                                    
     fishing, and tourism; and                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG returned to  AS 01.10.040(b), which read                                                               
as follows:                                                                                                                     
                                                                                                                                
        (b) When the words "includes" or "including" are                                                                        
        used in a law, they shall be construed as though                                                                        
     followed by the phrase "but not limited to."                                                                               
                                                                                                                                
REPRESENTATIVE  GRUENBERG acknowledged  that  the language  being                                                               
considered is part of a joint  resolution, but said he thinks the                                                               
term   "including"  would   be   read  in   accordance  with   AS                                                               
01.10.040(b).                                                                                                                   
                                                                                                                                
9:44:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN removed  his objection  to the  proposed                                                               
amendment to Amendment 4.                                                                                                       
                                                                                                                                
REPRESENTATIVE P.  WILSON objected to the  amendment to Amendment                                                               
4 to  point out that  AS 01.10.040(b) is  Alaska law, and  HJR 34                                                               
would  be  read  by  the   federal  government.    She  supported                                                               
Representative   Johansen's   suggestion   to  use   the   phrase                                                               
"including but not limited to".                                                                                                 
                                                                                                                                
CHAIR LYNN said,  "That's fine with me; I'll  amend the amendment                                                               
to   the   amendment,    to   include   Representative   Wilson's                                                               
modification."                                                                                                                  
                                                                                                                                
REPRESENTATIVE  JOHANSEN questioned  whether it  is in  order for                                                               
the committee to amend an amendment to the amendment.                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG said, "No, but ... we got the gist."                                                                   
                                                                                                                                
CHAIR LYNN emphasized the conceptual nature of the amendment.                                                                   
                                                                                                                                
9:46:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN said he would  like to hear feedback from                                                               
the sponsor.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  responded,  "The  list  could  have  been                                                               
exhaustive, but I support the amendment."                                                                                       
                                                                                                                                
REPRESENTATIVE P. WILSON removed  her objection.  [The amendment,                                                               
as amended, to Amendment 4 was treated as adopted.]                                                                             
                                                                                                                                
9:46:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  removed his  objection to  Amendment 4,                                                               
as amended.                                                                                                                     
                                                                                                                                
9:47:14 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN confirmed that Amendment 4, as amended, was adopted.                                                                 
                                                                                                                                
9:47:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN moved to adopt Amendment 5, as follows:                                                                 
                                                                                                                                
     Page 2, line 7, following "United States":                                                                                 
          Delete "to enable the responsible development of                                                                      
     resources,  foster  maritime  commerce,  safeguard  the                                                                    
     well-being   of   Arctic  residents   and   ecosystems,                                                                    
     facilitate  emergency  and  disaster  preparedness  and                                                                    
     response, and protect United States sovereignty"                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG   objected.    He  said   the  existing                                                               
language  focuses   attention  on   specific  problems.     Under                                                               
Amendment 5, the  language becomes general and does  not give the                                                               
reason for the need for investment.                                                                                             
                                                                                                                                
9:49:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  suggested that  the committee  not support                                                               
Amendment 5,  because the  findings of  the Northern  Waters Task                                                               
Force specifically  outline governance,  oil and  gas exploration                                                               
and    development,   marine    transportation,   planning    and                                                               
infrastructure investment, and fisheries.                                                                                       
                                                                                                                                
9:49:41 AM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Johansen and Keller                                                               
voted  in favor  of Amendment  5.   Representatives Petersen,  P.                                                               
Wilson,   Seaton,  Gruenberg,   and   Lynn   voted  against   it.                                                               
Therefore, Amendment 5 failed by a vote of 2-5.                                                                                 
                                                                                                                                
9:50:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN moved to adopt Amendment 6, as follows:                                                                 
                                                                                                                                
     Page 2, line 16:                                                                                                           
           Delete "oil and gas and other potentially                                                                            
     hazardous"                                                                                                                 
                                                                                                                                
REPRESENTATIVE  JOHANSEN, in  response  to  the chair,  clarified                                                               
that under  Amendment 6, the  "WHEREAS" clause [on page  2, lines                                                             
15-17], would read as follows:                                                                                                  
                                                                                                                                
     WHEREAS,  as  Northern  sea  routes  open  and  foreign                                                                  
     shippers   set   their   sights   on   Asian   markets,                                                                    
     international  shipping  of  cargo through  the  Bering                                                                    
     Strait is rapidly increasing; and                                                                                          
                                                                                                                                
REPRESENTATIVE JOHANSEN  argued that  any ship going  through the                                                               
Bering Strait has oil, gas,  or other potentially hazardous cargo                                                               
on board, and he  said he does not think it  is appropriate to be                                                               
"pointing out a particular section of shippers."                                                                                
                                                                                                                                
9:51:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
9:52:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  said he  understands  the  intent of  the                                                               
amendment.  However, he said  this "WHEREAS" would share with the                                                             
federal  government the  specific concern  expressed by  the U.S.                                                               
Coast Guard  and others  regarding the Northern  Sea route  - the                                                               
Russian side  of the Arctic  - and  shippers that go  through the                                                               
eastern side  of the  strategic strait or  chokepoint.   He said,                                                               
"We're not calling out ourselves on  any oil and gas or hazardous                                                               
cargo  on  ships that  are  going  through  on  our side  of  the                                                               
strait."                                                                                                                        
                                                                                                                                
9:53:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  said  he  thinks  this  "WHEREAS"  clause                                                             
specifically  addresses hazards  that  are  different from  those                                                               
contained in  the other "WHEREAS"  clauses, such as  the language                                                             
on  [page 2],  line 21,  which addresses  "marine safety,  ports,                                                               
waterways, and coastal  security".  He said for  those reasons he                                                               
opposes Amendment 6.                                                                                                            
                                                                                                                                
9:54:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN offered his  understanding that there are                                                               
two choke  points:   one between Big  Diomede and  Little Diomede                                                               
and Alaska,  and the  other between the  two islands  and Russia.                                                               
He asked  if the U.S. has  any control over "what  happens ... on                                                               
the ...  Russian side of the  chokepoint."  He further  asked how                                                               
the countries involved make decisions.                                                                                          
                                                                                                                                
9:55:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  indicated  that   [the  language  of  the                                                               
"WHEREAS"  clause on  page 2,  lines  15-17] is  "calling on  the                                                             
potential" for  an unfortunate incident  wherein oil and  gas and                                                               
any other  hazardous cargo comes across  international boundaries                                                               
into U.S. territory, at which point  the U.S. would "have to deal                                                               
with it whether we like it or not."                                                                                             
                                                                                                                                
REPRESENTATIVE  JOHANSEN asked  if there  is a  definite boundary                                                               
line drawn  in that area, or  if there is still  "a triangle that                                                               
we're arguing over in that area."                                                                                               
                                                                                                                                
REPRESENTATIVE  HERRON answered  that  he is  confident that  the                                                               
line  within the  chokepoint  is defined.   He  said  there is  a                                                               
triangle  farther south  in the  Bering Sea.   In  response to  a                                                               
follow-up question, he  said the Northern Sea route  in the Polar                                                               
Region  is on  the Russian  side  and follows  along the  Russian                                                               
Border over  to Europe.   In  response to the  chair, he  said he                                                               
does  not know  the  specific  routes on  the  Russian side,  but                                                               
clarified that the  Northern Sea route is  considered the Russian                                                               
route.                                                                                                                          
                                                                                                                                
9:57:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON, in  response to  Representative Johansen,                                                               
opined that  the "WHEREAS" clause  recognizes that "on  that side                                                             
of the strategic strait there  is international [of] shipping oil                                                               
and  gas  and  other  cargos,  and it's  just  increasing."    He                                                               
expressed his hope that "that  will assist the federal government                                                               
in its  wisdom to  realize that  maybe icebreakers  are necessary                                                               
for us on this side of the strait."                                                                                             
                                                                                                                                
9:58:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  stated support for  Amendment 6.   He said                                                               
he thinks the "WHEREAS" clause could be better written.                                                                       
                                                                                                                                
9:59:29 AM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Johansen and Keller                                                               
voted  in  favor  of Amendment  6.    Representatives  Gruenberg,                                                               
Petersen,  P.   Wilson,  Seaton,  and  Lynn   voted  against  it.                                                               
Therefore, Amendment 6 failed by a vote of 2-5.                                                                                 
                                                                                                                                
10:00:08 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN moved to adopt Amendment 7, as follows:                                                                 
                                                                                                                                
     Page 3, lines 19-21:                                                                                                       
          Delete all language                                                                                                   
                                                                                                                                
10:00:29 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KELLER and REPRESENTATIVE GRUENBERG objected.                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN said he has  nothing against Nome or what                                                               
the  [Russian]  fuel  tanker  did [escorted  by  the  U.S.  Coast                                                               
Guard's icebreaker],  although he offered his  understanding that                                                               
necessity for such  action was because someone forgot  to get the                                                               
community's fuel  order in on  time.   He explained that  he does                                                               
not want to  set the precedent that it is  okay that "we're going                                                               
to run  around with  an icebreaker  and plow  a hole  to whatever                                                               
community needs  to get  oil at  the time."   He opined  that the                                                               
state needs  to solve the bigger  problem - "the energy  issue" -                                                               
first.  For example, he said if  a road is built to Nome, then an                                                               
icebreaker would not have to provide  fuel to that community.  He                                                               
mentioned  the Power  Cost Equalization  (PCE) Program  and said,                                                               
"In a perfect world, PCE goes away."                                                                                            
                                                                                                                                
10:03:08 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KELLER removed his objection.                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON said  it is  important to  include this                                                               
"WHEREAS" clause,  because people's lives are  affected when fuel                                                             
cannot be delivered.                                                                                                            
                                                                                                                                
10:04:31 AM                                                                                                                   
                                                                                                                                
A roll call vote was  taken.  Representatives Keller and Johansen                                                               
voted  in  favor  of Amendment  7.    Representatives  Gruenberg,                                                               
Petersen,  P.   Wilson,  Seaton,  and  Lynn   voted  against  it.                                                               
Therefore, Amendment 7 failed by a vote of 2-5.                                                                                 
                                                                                                                                
10:04:54 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KELLER moved to report  CSHJR 34(MLV), as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
REPRESENTATIVE JOHANSEN objected.  He  said he believes "this" is                                                               
a valid  effort.  However,  he expressed concern that  if passed,                                                               
every word in  [CSHJR 34(MLV), as amended,] would be  sent to the                                                               
federal  government as  representing the  position of  the Alaska                                                               
State Legislature.   He  asked committee  members to  think about                                                               
that,  and said  chances are  they would  have another  chance to                                                               
vote on the previously considered amendments on the House floor.                                                                
                                                                                                                                
REPRESENTATIVE JOHANSEN  removed his  objection to the  motion to                                                               
report  CSHJR   34(MLV),  as  amended,  out   of  committee  with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being no further objection,  CSHJR 34(STA) was reported out                                                               
of the House State Affairs Standing Committee.                                                                                  

Document Name Date/Time Subjects
01 HB 304 Version I .pdf HSTA 2/21/2012 8:00:00 AM
HB 304
02 HB 304 Sponsor Statement.pdf HSTA 2/21/2012 8:00:00 AM
HB 304
03 HB 304 Sectional Analysis.pdf HSTA 2/21/2012 8:00:00 AM
04 HB 304 APFFA Brochure.pdf HSTA 2/21/2012 8:00:00 AM
HB 304
05 HB 304 AFCA Letter of Support.pdf HSTA 2/21/2012 8:00:00 AM
HB 304
06 HB 304 AFSC Letter of Support for AFCA.pdf HSTA 2/21/2012 8:00:00 AM
HB 304
07 HB 304 AFSC Letter of Support for AKPFFA.pdf HSTA 2/21/2012 8:00:00 AM
HB 304
08 HB 304 AKPFFA Letter of Support.pdf HSTA 2/21/2012 8:00:00 AM
09 HB 304 AFCA - About Us.pdf HSTA 2/21/2012 8:00:00 AM
HB 304
01 HJR034B.pdf HSTA 2/21/2012 8:00:00 AM
02 HJR 34 Explanation of Changes from HJR 34 to CSHJR 34 (MLV).pdf HSTA 2/21/2012 8:00:00 AM
03 HJR 34 Sponsor Statement Final for STA.pdf HSTA 2/21/2012 8:00:00 AM
04 HJR 34 Zero Fiscal Note.pdf HSTA 2/21/2012 8:00:00 AM
05 HJR 34 - 12.01.11-LG Treadwell on Icebreakers.pdf HSTA 2/21/2012 8:00:00 AM
06 HJR 34 - ANWTF Recs PP 14-21.pdf HSTA 2/21/2012 8:00:00 AM
07 HJR 34 - Ltr from Lawson Brigham.pdf HSTA 2/21/2012 8:00:00 AM
08 HJR 34 - STA Amendment.pdf HSTA 2/21/2012 8:00:00 AM
10 HB304-DPS-FSC-02-17-12.pdf HSTA 2/21/2012 8:00:00 AM
HB 304