Legislature(1997 - 1998)

05/07/1998 04:10 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
          HB 284 - TIMBER THREATENED BY PESTS OR DISEASE                       
                                                                               
CHAIRMAN HALFORD thanked everyone for their testimony and set the              
issue aside and announced HB 284 to be up for consideration.                   
                                                                               
REPRESENTATIVE MARK HODGINS, sponsor, said that HB 284 relates to              
diseases of timber and amends AS 41.17.082(d).  He said basically              
when trees die from the spruce bark beetle it takes about three or             
four years and they turn a bright red color.  On the Kenai                     
Peninsula there are several million board feet that have been                  
impacted and the problem he sees is that there have been too many              
task forces that all decide that something should be done. This                
bill will give them an incentive to do some things.  He showed the             
Committee a chart of the infestation that has occurred on the Kenai            
Peninsula.                                                                     
                                                                               
CHAIRMAN HALFORD asked how small the trees were that are being                 
impacted now.                                                                  
                                                                               
REPRESENTATIVE HODGINS said it's beginning to impact below six inch            
trees and most of them are fairly vigorous still.  The larger trees            
are not as vigorous and are more severely impacted.                            
                                                                               
SENATOR LEMAN asked if the Commissioner could require selective                
cutting  since they have been told that there's a greater chance of            
the new growth taking hold with scarification.   He supported the              
reforestation clause in the bill and hoped the legislature could               
fund that.                                                                     
                                                                               
REPRESENTATIVE HODGINS responded that there is quite a bit of                  
latitude in this for the Commissioner allowing him to determine an             
area to not have any harvest.  His first thought was to make this              
a selective harvest bill and open it up as much as possible to the             
small timber operator, because that's where you get your highest               
value from.  He said they don't expect to control or stop the                  
beetle with this legislation.  They would like the ability to                  
remove some of the fire fuel in places like the Miller Reach fire              
where there was $45 million spent for suppression and damage done.             
He said they face the same thing on the Kenai Peninsula.                       
                                                                               
SENATOR TORGERSON asked him how it would impact private lands.                 
                                                                               
REPRESENTATIVE HODGINS explained this bill would encourage some                
selective harvest that will be up to the private land owner.  Under            
the Forest Practices Act, the Commissioner could determine if the              
infestation was so severe that he could waive any portion of that              
act if he could, except for the portion around salmon streams.                 
                                                                               
SENATOR TORGERSON said he didn't read it as leaving out private                
land owners and municipal land and it says the Commissioner shall              
implement salvage measures.                                                    
                                                                               
REPRESENTATIVE HODGINS responded that on private land, the State               
could not go in and mandate that something happen.  They can work              
out an agreement with the land owner to make something happen.                 
There could be the possibility of helping land owners with                     
reforestation.  The same thing with municipalities; they can not               
allow the State on their property in which case nothing would                  
occur.                                                                         
                                                                               
SENATOR TORGERSON said his concern is that it says if the forest               
land owner does not comply with the final order of the                         
Commissioner, the Commissioner may enter onto the land and                     
undertake the actions ordered by the land owner and the land owner             
is liable for the cost of those actions.  Now it's amended to say              
that he has to implement the proper salvage measures.                          
                                                                               
SENATOR LINCOLN asked him to respond to the letter from the                    
Director of Forestry and one of the fiscal notes for $615,000.                 
                                                                               
TAPE 98-40, SIDE B                                                             
                                                                               
Their concerns were that DNR already has the authority to do                   
emergency sales and this legislation doesn't help them in that                 
regard.  She was also concerned that the authority to waive the                
Forest Practices Act risks water quality and fish habitat                      
protection, but has little effect on the beetle population.                    
Another area mentioned was the Spruce Bark Beetle Task Force which             
will issue a finalized report on May 8 which will make                         
recommendations.  She said the mayor of the Borough has put                    
together a task force on the infestation which hasn't been                     
completed.  She thought they were getting ahead of themselves in               
making these recommendations.                                                  
                                                                               
REPRESENTATIVE HODGINS responded that this Administration does not             
want to cut trees and he said this is an infestation on the Kenai              
Peninsula and with their salvage timber operations there has not               
been an emphasis to cut trees.  They will not control the beetle               
with this bill.  He would like to have the ability to go into areas            
that the Commissioner deems important enough to do some salvage and            
go forward with that.                                                          
                                                                               
SENATOR LINCOLN asked if the reason he put this bill together was              
to control the beetle infestation.                                             
                                                                               
REPRESENTATIVE HODGINS answered yes it is, but the reason it will              
not control the infestation is because there is so much acreage                
that is now impacted, the cost of controlling it would be                      
approximately $8 million and even that would not completely solve              
the problem.  There is a tremendous health and safety problem with             
dry fuel standing that could become very explosive.  This standing             
dry fuel, in a wind storm, could knock out a lot of the utilities              
that range between Kenai and Homer along the highway.  There is a              
tremendous need for reforestation, because without it, these                   
forests are going to become grasslands in several years.  The fact             
that we have habitat that depends on the forest ecosystem that is              
being destroyed is pretty evident.  The Spruce Bark Beetle Task                
Force hasn't led them to any resolution of the problem.                        
                                                                               
Number 536                                                                     
                                                                               
MS. MARTY WELBOURN, Chief, Forest Resources, clarified that the                
Department of Natural Resources is continuing to salvage and                   
reforest infested areas on State lands.  For example, on the Kenai             
Peninsula alone, they have held 23 salvage sales since 1994.  They             
have done this despite a lawsuit that opposes salvage operations.              
By contrast, the US Forest Service which has a much larger staff               
and budget has held only two sales during the same period.                     
                                                                               
She reaffirmed their opposition to HB 284. The Department of                   
Natural Resources continues to oppose this bill because it would               
not reduce the impacts of major infestations, and will be expensive            
to implement.  The bill does not provide effective new tools to                
address infestation.  DNR already has the authority to develop                 
agreements with land owners to waive reforestation requirements                
under the Forest Practices Act and to offer emergency sales and                
below cost sales.  DNR is already offering salvage sales that don't            
fully offset the costs of salvage and reforestation.  The proposed             
authority to waive other Forest Practices Act requirements risks               
water quality and fish habitat protection while having little                  
effect on beetle population.  The Forest Practices Act do not                  
significantly hamper salvage operations.  Finally, the Kenai Spruce            
Bark Beetle Task Force, led by Mayor Navarre, has completed its                
recommendations for near-term action.  The recommendations for long            
term action have been drafted and will be finalized tomorrow.  The             
Task Force has recommended that timber harvest focuses on reducing             
risks from wild fires near populated areas, but it does not                    
recommend other salvage operations.  However, little of the land in            
the high fire risk areas is State owned.  DNR is working to                    
implement the Task Force recommendations wherever possible.  They              
feel the current bill does not reflect the Task Force                          
recommendations.  HB 284 would have little or no effect on large               
infestations, because it does not address the main factors that                
cause insect outbreaks and limits their control.  Climatic                     
conditions play a key role in determining the size of outbreaks and            
can not be controled by agency action.  Pests such as bark beetles             
occur naturally throughout Alaskan forests and their populations               
can explode whenever weather conditions are favorable.  Wherever               
you have white spruce, you have spruce bark beetles in Alaska.                 
Feasible salvage harvesting is limited by weak markets for low                 
value timber, by limited funding for timber sales and reforestation            
and by multiple use concerns about the impacts of timber harvest               
and roads on other resources and activities.  HB 284 increases                 
State costs by requiring the State to develop agreements with                  
private land owners regardless of their interests.  Further, it is             
unclear whether Section 1 (d) would require the State or private               
land owners to pay for the "necessary salvage measures" on private             
lands.                                                                         
                                                                               
MS. WELBOURN said implementing this bill would be costly since it              
applies statewide.  In 1997, for example, aerial surveys recorded              
17 different types of insects or diseases, each damaged more than              
100 acres of forest land in Alaska affecting a total of 2.5 million            
acres.  The fiscal note submitted by DNR is very conservative.  In             
1996, the Society of American Foresters invited forest health                  
experts from British Columbia to view the bark beetle infestations             
in Southcentral Alaska.  Those experts recommended that the State              
spend at least $50 million per year to respond to the infestation.             
She asked the Committee not to pass HB 284 and offered to work with            
them on ways to implement the Task Force recommendations.                      
                                                                               
Number 514                                                                     
                                                                               
MS. PAM LABOLLE, President, State Chamber of Commerce, said this is            
one of their priority pieces of legislation.  They have passed a               
resolution saying they would like an emergency declared by the                 
State on the spruce bark beetle.  In the almost 50 years that the              
Tongass has been harvesting trees, they have harvested about                   
400,000 acres and in nine years, the spruce bark beetle has taken              
out 3 million acres (according to her figures).                                
                                                                               
SENATOR TORGERSON asked Representative Hodgins what his intent was             
for already dead stands.                                                       
                                                                               
REPRESENTATIVE HODGINS answered that he wanted to remove the fuel              
source, and he thought an owner would initiate an action like that             
with the Department.  He thought the language in the bill would                
allow for a better agreement between the private property owner and            
the Commissioner.  He didn't foresee the Commissioner ever coming              
in and condemning someone's trees for a specific reason if they are            
on private property.                                                           
                                                                               
SENATOR GREEN moved to pass CSHB 284 (FIN) from Committee with                 
individual recommendations and the accompanying fiscal note.  There            
were no objections and it was so ordered.                                      

Document Name Date/Time Subjects