05/06/2019 09:00 AM Senate FINANCE

SENATE BILL NO. 91                                                                                                            
                                                                                                                                
     "An Act relating to the  development and operation of a                                                                    
     hydroelectric   site  at   the  Nuyakuk   River  Falls;                                                                    
     providing for the amendment of  the management plan for                                                                    
     the  Wood-Tikchik  State  Park; and  providing  for  an                                                                    
     effective date."                                                                                                           
                                                                                                                                
9:23:45 AM                                                                                                                    
                                                                                                                                
Co-Chair  von   Imhof  relayed  that   the  bill   had  been                                                                    
previously  heard on  April 30,  2019. Public  testimony had                                                                    
been taken and was closed.                                                                                                      
                                                                                                                                
9:24:30 AM                                                                                                                    
                                                                                                                                
Ms. Lucky  discussed the proposed  changes to the  bill. She                                                                    
emphasized that the intent of  the bill had not changed. She                                                                    
spoke to an Explanation of Changes document (copy on file):                                                                     
                                                                                                                                
     AS 41.21.161  Establishes the Wood-Tikchik  State Park;                                                                    
     AS  41.21.167  lists  incompatible uses  and  specifies                                                                    
     certain uses  that are allowed  (or "not  considered an                                                                    
     incompatible use").                                                                                                        
                                                                                                                                
     The  previous  version  of SB91  simply  added  Nuyakuk                                                                    
     River  Falls to  existing  section  (c), which  allowed                                                                    
     development and  operation of a hydroelectric  site and                                                                    
     Lake Elva or Grant Lake.                                                                                                   
                                                                                                                                
     The proposed  CS puts this  project in its  own section                                                                    
     (e)  and defines  specific  conditions  for this  site,                                                                    
     listed on  page 1, lines  8-11, in order to  respond to                                                                    
     local concerns about this project.                                                                                         
                                                                                                                                
Ms. Lucky stated  that the conditions for  the site included                                                                    
in the new subsection were as follows:                                                                                          
                                                                                                                                
     (e) The  development and  operation of  a hydroelectric                                                                    
     site at the Nuyakuk River  Falls is a compatible use if                                                                    
     the development and operation                                                                                              
          (1) does not include a dam that fully spans a                                                                         
          river;                                                                                                                
          (2) maintains at least 70 percent of the daily                                                                        
          upstream water flow of an affected river along                                                                        
          the natural course of the river; and                                                                                  
          (3) after July 1, 2024, is licenses by the                                                                            
          Federal Energy Regulatory Commission                                                                                  
                                                                                                                                
9:26:42 AM                                                                                                                    
                                                                                                                                
Senator  Hoffman thanked  Co-Chair  von  Imhof's office  for                                                                    
accommodating the  conditions. He supported adoption  of the                                                                    
CS.                                                                                                                             
                                                                                                                                
Co-Chair   Stedman  MOVED   to   ADOPT  proposed   committee                                                                    
substitute  for  SB  91, Work  Draft  31-LS0520\S  (Wallace,                                                                    
Fisher,  5/4/19).  There  being  NO  OBJECTION,  it  was  so                                                                    
ordered.                                                                                                                        
                                                                                                                                
CSSB  91(FIN)  was REPORTED  out  of  committee with  a  "no                                                                    
recommendation"  recommendation  and   with  one  previously                                                                    
published fiscal impact note: FN 1(DNR).