Legislature(2019 - 2020)BUTROVICH 205

03/20/2019 03:30 PM Senate RESOURCES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

Audio Topic
03:30:26 PM Start
03:31:00 PM SB51
04:05:39 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 51 NATL. RES. WATER NOMINATION/DESIGNATION TELECONFERENCED
Heard & Held
-- Public Testimony - Sign Up by 4:30 p.m. --
<Time Limit May Be Set>
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB 51-NATL. RES. WATER NOMINATION/DESIGNATION                                                                      
                                                                                                                                
3:31:00 PM                                                                                                                    
CHAIR BIRCH  announced the  consideration of  Senate Bill  51 (SB
51).                                                                                                                            
                                                                                                                                
3:31:34 PM                                                                                                                    
CHAIR BIRCH opened public testimony.                                                                                            
                                                                                                                                
3:32:11 PM                                                                                                                    
REBECCA  LOGAN,  CEO,  The   Alaska  Support  Industry  Alliance,                                                               
Anchorage, Alaska, testified in support  of SB 51. She noted that                                                               
committee members received  a letter of support  from a collation                                                               
of trade associations  expressing their support for  the bill. SB
51 defines  a process  that is  put into  statute so  that people                                                               
know  what  the  designation  is for  a  predictable  and  stable                                                               
process.                                                                                                                        
                                                                                                                                
3:33:20 PM                                                                                                                    
OWEN PHILLIPS,  External Affairs Coordinator, The  Alaska Support                                                               
Industry Alliance, Anchorage, Alaska,  testified in support of SB
51. He said  he agreed with the argument to  not allow high level                                                               
decisions to a  singular appointed commissioner or  group who may                                                               
be swayed by  politics or bias. SB 51 allows  input from multiple                                                               
sources and  defines a clear  path to  the designation of  Tier 3                                                               
waters, a designation that should not be taken lightly.                                                                         
                                                                                                                                
3:33:37 PM                                                                                                                    
SENATOR COGHILL joined the committee meeting.                                                                                   
                                                                                                                                
3:34:56 PM                                                                                                                    
HEATHER LENDE,  representing self,  Haines, Alaska,  testified in                                                               
opposition of  SB 51. She opined  that SB 51 will  make it harder                                                               
to protect the  environment and wildlife. She  suggested that the                                                               
United Tribes  of Bristol Bay's plan  be put forward as  the best                                                               
way to serve all Alaskans for generations to come.                                                                              
                                                                                                                                
3:36:43 PM                                                                                                                    
JAN HILL,  Mayor, Haines Borough, Haines,  Alaska, testified that                                                               
the Haines  Borough did not  have a position  of SB 51.  She said                                                               
having  a  fair process  to  make  the  Tier 3  determination  is                                                               
important. She noted  that there are two  nominations pending for                                                               
the Tier 3 designation of the  Chilkat River. She said the Tier 3                                                               
process  must engage:  the people  that live  within a  nominated                                                               
river watershed, professional agencies,  and the legislature. The                                                               
Haines  Borough  recommends that  a  review  by the  Division  of                                                               
Community and Regional Affairs be included.                                                                                     
                                                                                                                                
SENATOR  KIEHL  asked  Mayor  Hill  if  the  borough's  idea  for                                                               
"Community and Regional Affairs" is  for a public consultation or                                                               
a municipal government process.                                                                                                 
                                                                                                                                
MAYOR HILL  answered that the  process could be a  combination of                                                               
both. People  of the community must  be engaged as well,  and the                                                               
borough  believes  that  could   happen  through  "Community  and                                                               
Regional Affairs."                                                                                                              
                                                                                                                                
3:39:37 PM                                                                                                                    
PETE NOLAN, Member Services  Director, Alaska Chamber, Anchorage,                                                               
Alaska, testified in support of SB  51. He said the chamber was a                                                               
signatory  on   a  letter  submitted  to   the  Senate  Resources                                                               
Committee on behalf of several  Alaskan business organizations in                                                               
support of  the bill. He  said the  Clean Water Act  requires the                                                               
state to have a policy and  process for Tier 3 water designation.                                                               
The authority for  Tier 3 designation should lie  solely with the                                                               
legislature.                                                                                                                    
                                                                                                                                
3:41:20 PM                                                                                                                    
MARLEANNA HALL, Executive  Director, Resource Development Council                                                               
for Alaska, Inc.,  Anchorage, Alaska, testified in  support of SB
51. She said  the Tier 3 designation idea has  been identified by                                                               
groups opposed to all development  in Alaska and without a proper                                                               
designation process, unnecessary nominations  will be made. SB 51                                                               
will  help  protect land  and  access  for Alaska's  communities,                                                               
native corporations, and  rural development projects. Unnecessary                                                               
dollars  may have  to be  spent on  questionable nominations  and                                                               
resulting litigation without a proper designation process.                                                                      
                                                                                                                                
3:43:14 PM                                                                                                                    
BRENDA  JOSPHESON, representing  self, Haines,  Alaska, testified                                                               
in  support  of  SB  51.  She  said  Tier  3  designations  place                                                               
significant restrictions  on communities in a  watershed area and                                                               
there is  no mechanism  to undo  such a  designation. The  Tier 3                                                               
designation replaces management  and enforcement of science-based                                                               
water quality standards and regulations  with a total prohibition                                                               
of any new  or expanded discharges. The Tier  3 designations must                                                               
be  recommended  by  agencies  and  communities,  but  the  final                                                               
decision should remain with the legislature.                                                                                    
                                                                                                                                
3:44:50 PM                                                                                                                    
KIMBERLEY  STRONG,  Tribal   Council  President,  Chilkat  Indian                                                               
Village, Klukwan, Alaska,  testified in opposition of  SB 51. She                                                               
said  the  Chilkat  Indian  Village   has  asked  for  a  Tier  3                                                               
designation of the Chilkat River.  SB 51 will require the village                                                               
to go  through multiple commissioners,  the legislature,  and the                                                               
governor  for  a  designation.  She opined  that  the  bill  will                                                               
eliminate the ability  for the Chilkat River to receive  a Tier 3                                                               
designation.                                                                                                                    
                                                                                                                                
3:48:30 PM                                                                                                                    
JIM  CLARK,  representing  self,  Juneau,  Alaska,  testified  in                                                               
support of SB 51. He noted  that Tier 3 designations sets aside a                                                               
whole watershed that  is de facto wilderness  and the designation                                                               
should be done by the legislature  as is done for state parks. SB
51 codifies  existing DEC policy  and would provide  certainty to                                                               
the public.                                                                                                                     
                                                                                                                                
3:51:58 PM                                                                                                                    
DEANTHA CROCKETT, Executive  Director, Alaska Miners Association,                                                               
Anchorage,  Alaska, testified  in support  of SB  51. She  said a                                                               
Tier 3  designation results in significant  restrictions and some                                                               
prohibitions on  land and water  uses and will  cause significant                                                               
adverse  social and  economic impacts.  When a  designation of  a                                                               
Tier  3  water so  effectively  restricts  the uses,  the  Alaska                                                               
Miners Association thinks  that the result is  a land designation                                                               
and the authority for the  designation should lie solely with the                                                               
legislature.                                                                                                                    
                                                                                                                                
3:55:25 PM                                                                                                                    
GUY  ARCHIBOLD, Staff  Scientist,  Southeast Alaska  Conservation                                                               
Council, Juneau,  Alaska, testified  in opposition  of SB  51. He                                                               
emphasized  that a  Tier  3 designation  is a  not  a barrier  to                                                               
development.  He opined  that the  scale is  heavily weighted  in                                                               
favor of developers who seek  to pollute Alaskan waters. He asked                                                               
at  what point  does  the  state's government  and  laws fail  to                                                               
protect its citizens.                                                                                                           
                                                                                                                                
3:59:15 PM                                                                                                                    
SARAH DAVIDSON, Inside Passage  Waters Program Manager, Southeast                                                               
Alaska  Conservation   Council,  Juneau,  Alaska,   testified  in                                                               
opposition of SB 51. She asserted  that the cost of making Tier 3                                                               
designations more difficult will  be borne by future generations.                                                               
She said proponents of  SB 51 say that a Tier  3 designation is a                                                               
land-use  issue and  therefore a  legislative  decision, but  the                                                               
decision  is   a  moral  issue   for  prioritizing   clean  water                                                               
resources.                                                                                                                      
                                                                                                                                
4:03:12 PM                                                                                                                    
VIKKI JO  KENNEDY, representing  self, Kodiak,  Alaska, testified                                                               
in opposition of SB 51.                                                                                                         
                                                                                                                                
4:05:02 PM                                                                                                                    
CHAIR BIRCH closed public testimony.                                                                                            
                                                                                                                                
4:05:10 PM                                                                                                                    
CHAIR BIRCH held SB 51 in committee.                                                                                            
                                                                                                                                
4:05:39 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair  Birch adjourned  the Senate  Resources Standing  Committee                                                               
meeting at 4:05 p.m.                                                                                                            

Document Name Date/Time Subjects
SB51 40 CFR Part 131.pdf SRES 3/20/2019 3:30:00 PM
SB 51
SB51 Coalition Letter 3.19.19.pdf SRES 3/20/2019 3:30:00 PM
SB 51
SB51 Sealaska Letter 3.19.19.pdf SRES 3/20/2019 3:30:00 PM
SB 51
SB51 DEC ONRW Processes Examples 3.19.22.pdf SRES 3/20/2019 3:30:00 PM
SB 51