Legislature(1995 - 1996)
03/27/1995 03:40 PM Senate RES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SRES - 3/27/95
HB 128 WASTE DISPOSAL PERMIT EXEMPTION
CHAIRMAN LEMAN brought up HB 128 as the next order of business
before the Senate Resources Committee. The chairman asked for a
motion to adopt the committee substitute.
SENATOR FRANK made a motion to adopt the committee substitute for
HB 128.
CHAIRMAN LEMAN, hearing no objection, stated the committee
substitute had been adopted.
JACK PHELPS, Aide to Representative Williams, prime sponsor of HB
128, stated the committee substitute before the committee contains
two amendments suggested at the March 22 meeting of the Senate
Resources Committee. One amendment was a rewrite to simplify
Section 3, which was suggested by the Department of Environmental
Conservation. The other amendment was suggested by the Alaska Oil
& Gas Association (AOGA): they were concerned that the bill would
give the impression that new permitting authority is being created,
which is not the case. Mr. Phelps reviewed the amendments in
further detail. On page 2, line 22, an amendment suggested by the
Department of Law was made to clarify that disposal is subject to
regulation under Title 31. Also, subsection (g) is a new
subsection.
Number 542
MR. PHELPS informed the committee that a drafting error was made on
page 2, line 27.
SENATOR LINCOLN asked which draft the committee was working from.
CHAIRMAN LEMAN responded the committee is working from draft H by
Chenoweth, dated 3/24/95, which has been adopted as a committee
substitute.
MR. PHELPS stated the problem with the language on page 2, line 27
is that the definition in regulations is to "a point source", not
"a point source discharge." Mr. Phelps suggested changing the
language to read, "does not produce a discharge from a point
source, as that term is defined in regulations...."
CHAIRMAN LEMAN asked Mr. Phelps if "discharge" is defined in
regulation.
MR. PHELPS believes the term "discharge" is defined in regulation.
Number 570
SENATOR TAYLOR made a motion to adopt Mr. Phelps' suggested
amendment.
CHAIRMAN LEMAN, hearing no objection to the amendment, stated that
amendment #1 had been adopted.
SENATOR LINCOLN asked why there is a new fiscal note from the
Department of Fish & Game.
MR. PHELPS replied he did not realize ADF&G had submitted a new
fiscal note; he did not request it. Mr. Phelps asked if the fiscal
note was substantially different from the fiscal note that came
over from the house.
SENATOR LINCOLN said the fiscal note is still zero, but the
previous fiscal note seemed to support.... Senator Lincoln asked
if there was someone from ADF&G who could answer that question.
MR. PHELPS stated he would be happy to go find Geron Bruce from
ADF&G, but he thinks the changes that occurred in the House
Resources Committee...
SENATOR LINCOLN said she wasn't going to repeat her question.
MR. PHELPS continued, saying the changes that occurred in House
Resources haven't changed in this version of HB 128.
TAPE 95-28, SIDE B
MR. PHELPS stated he would be happy to defer to Mr. Bruce.
CHAIRMAN LEMAN repeated Senator Lincoln's question for Mr. Bruce:
she wants to know why the changes made to HB 128 caused the
department to submit a new fiscal note.
SENATOR LINCOLN asked why the endorsement in the fiscal note
analysis has been dropped from the new fiscal note.
GERON BRUCE, Legislative Liaison, Department of Fish & Game, stated
the new fiscal note is just an updated fiscal note for the new
version of the bill. It doesn't have any additional impact on the
department. It is still a zero fiscal note.
SENATOR TAYLOR made a motion to discharge HB 128 from the Senate
Resources Committee with individual recommendations.
CHAIRMAN LEMAN asked if there were any objections to the motion.
SENATOR TAYLOR objected, for the purpose of determining whether or
not the department opposed the bill.
Number 561
MR. BRUCE responded that the department does not oppose HB 128. He
also apologized for not being present to immediately answer Senator
Lincoln's question.
SENATOR TAYLOR removed his objection.
SENATOR FRANK asked whether the department supported the bill or
not.
CHAIRMAN LEMAN compared Senator Frank's and Senator Taylor's
questions to the difference between non-retention and firing
someone.
SENATOR TAYLOR asked if the committee is still talking about
discharge.
CHAIRMAN LEMAN asked if there was any objection to moving HB 128
from committee. Hearing none, the chairman stated the bill was
discharged from the Senate Resources Committee with individual
recommendations.
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