Legislature(2005 - 2006)SENATE FINANCE 532
05/03/2005 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB46 | |
| HB187 | |
| SB102 | |
| SB22 | |
| SB192 | |
| HB178 | |
| SB125 | |
| SB46 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 187 | TELECONFERENCED | |
| += | SB 46 | TELECONFERENCED | |
| += | SB 102 | TELECONFERENCED | |
| *+ | SB 192 | TELECONFERENCED | |
| + | SB 22 | TELECONFERENCED | |
| + | SB 78 | TELECONFERENCED | |
| + | SB 125 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 178 | ||
CS FOR SENATE BILL NO. 102(RES)
"An Act relating to an extension for review and approval of
revisions to the Alaska coastal management program; providing
for an effective date by amending the effective date of sec.
45, ch. 24, SLA 2003; and providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
DOUG LETCH, Staff to Senator Gary Stevens, the bill's sponsor,
testified in support of the forthcoming committee substitute,
Version 24-LS0491\P, that would be being presented by Joe Balash,
staff to Senator Gene Therriault. The Version "P" committee
substitute would further Senator G. Stevens' desire to provide
additional time in which coastal districts could revise their plans
pertaining to Statutes that were implemented two years prior.
Co-Chair Green pointed out that the addition of such language added
ten pages to the previous version of the bill.
Mr. Letch affirmed.
Co-Chair Green observed that those ten pages must contain a lot of
repeat language and very little actual change.
10:22:44 AM
JOE BALASH, Staff to Senator Gene Therriault and Aide to the
Legislative Budget & Audit Committee, stated that committee
substitute, Version 24-LS0491\P would accomplish four things. It
would extend by six months, with one exception, the entirety of the
deadlines specified in HB 191, which had been adopted two years
prior. The proposed six-month extension would be acceptable to the
Governor Frank Murkowski Administration. The exception to the six-
month extension would be the deadline pertaining to "the submission
of the revised local plans": those plans would receive a two-month
extension. This would allow coastal districts to review "what
standards" the federal Office of Ocean and Coastal Resource
Management (OCRM) approved before the coastal districts provided
their final submissions.
Mr. Balash continued that one portion of the ten-page bill increase
would be attributed to the July 1, 2011 termination or "sunset"
component of the program. This date would provide sufficient time
in which "the full implementation" of the changes to the coast
management program could occur. It would also allow time for
federal approval of both the State standards and the local district
plans, as well as "four years of operation of the program". This
timeframe would be similar to what the State provides to the
operation of its boards, commissions, and other regulatory bodies.
Mr. Balash noted that the committee substitute would clarify the
scope of the local district plans and would also "automatically
make changes to the old district plans that the Legislature has
twice indicated in the past three years that it would like to see
made".
10:24:24 AM
Mr. Balash informed the Committee that some changes must be made to
the Version "P" committee substitute. One of those changes would
pertain to language in Sec. 14(b) page 11 lines 10 through 16, as
the original language in AS 46.40.030(b) must be re-incorporated.
In addition the word "may", as denoted on line 12 should be changed
to the word "shall".
Co-Chair Wilken moved to adopt committee substitute Version 24-
LS0491\P as the working document.
There being no objection, Version "P" was ADOPTED as the working
document.
Conceptual Amendment #1: This amendment reinstitutes the original
Statute language into Sec. 14(b) page 11 lines 10 through 16. In
addition, the word "may" in that original language is replaced with
the word "shall". The revised language reads as follows.
(b) In developing enforceable policies in its coastal
management plan under (a) of this section, a coastal resource
district shall meet the requirements of AS 46.40.070 and shall
not duplicate, restate, or incorporate by reference statutes
and administrative regulations adopted by state or federal
agencies.
Senator Dyson moved to adopt Conceptual Amendment #1.
There being no objection, Conceptual Amendment #1 was ADOPTED.
Mr. Balash explained that other changes are requested in regards to
language in Sec. 20 page 12, line 25. Currently, language in
Sections 1 through 13 provides "the clean up language and the
entirety of the references to the Coastal Management Program
consistency determinations in other areas of statute. Sec. 17,
which is a fairly lengthy repeal section is designed to be a sunset
provision that will be renewed in the future". However, no
provision is included in the bill "that links to direction for the"
Division of Legislation Audit "to conduct a sunset review".
Therefore, another conceptual amendment would be requested to
specify "that the Alaska Coastal Management Program be added to AS
44.66.020."
In response to a comment by Co-Chair Green, Mr. Balash clarified
that AS 44.66.010 is a listing of boards and commissions, whereas
AS 44.66.020 is a list of programs that would be eligible for
audits.
Amendment #2: This amendment inserts language into the bill that
adds the Alaska Coastal Zone Management program to AS 44.66.020 in
order to make it audit eligible.
Co-Chair Wilken moved to adopt Conceptual Amendment #2.
There being no objection, Conceptual Amendment #2 was ADOPTED.
Mr. Balash stated that the Governor Frank Murkowski Administration
has requested "that they be granted authority to issue emergency
regulations to implement this Act". Legislative Legal and Research
Services has informed the bill's sponsors that the Department of
Natural Resources "already has the statutory authority necessary,
they simply need to issue a written finding ? that an emergency
exists." However, the Department of Natural Resources has requested
that such language be included in the bill for clarification
purposes.
Amendment #3: This amendment amends uncodified law to add a new
section that reads as follows.
Sec. 4. The uncodified law of the State of Alaska is amended
by adding a new section to read:
EMERGENCY REGULATIONS: The need to adopt regulations
consistent with this Act is declared an emergency, and the
Department of Natural Resources shall proceed to adopt
emergency conforming regulations to implement the provisions
of this Act.
AT EASE 10:30:39 AM / 10:33:35 AM
Co-Chair Wilken moved to adopt Conceptual Amendment #3.
There being no objection, Conceptual Amendment #3 was ADOPTED.
Co-Chair Wilken moved to report the bill, as amended, from
Committee with individual recommendations and accompanying fiscal
notes.
There being no objection, CS SB 102 (FIN) was REPORTED from
Committee with zero fiscal note #2 dated March 8, 2005 from the
Department of Commerce, Community and Economic Development; zero
fiscal note #3 dated March 8, 2005 from the Department of Fish and
Game; zero fiscal note #4 dated March 14, 2005 from the Department
of Environmental Conservation; and new a zero fiscal note dated May
3, 2005 from the Department of Natural Resources.
10:35:15 AM
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