Legislature(1993 - 1994)

03/28/1994 03:36 PM RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 SENATOR MILLER announced  SB 310  (STATE/PRIVATE/MUNI TIMBER                  
 OPERATION/SALE) to be up for consideration and announced a recess             
 for a couple of minutes.                                                      
                                                                               
 SENATOR FRANK moved to adopt the proposed CS, Luckhaupt version U             
 3/18/94, to SB 310.  There were no objections and it was so                   
 ordered.                                                                      
                                                                               
 SENATOR FRANK moved to adopt amendment 1.                                     
                                                                               
 RICK SOLIE, Legislative Aide for Senator Frank, explained that                
 amendment 1 would amend the section for small timber sales not in             
 the 5 year plan to be noticed sales under AS 38.05.945 (b) which              
 would allow the public 30 days notice.                                        
                                                                               
 SENATOR MILLER said there were no objections and amendment 1                  
 passed.                                                                       
                                                                               
 Number 85                                                                     
                                                                               
 SENATOR FRANK moved to adopt amendment 2, Luckhaupt U2.                       
                                                                               
 RICK SOLIE explained that this amendment would more clearly follow            
 Senator Frank's intent with a comment period of not less than 30              
 days and not more than 60.                                                    
                                                                               
 TOM BOUTIN, Director, Division of Forestry, said there was no                 
 problem with these amendments and that the public process was very            
 important.                                                                    
                                                                               
 SENATOR MILLER announced there were no objections and amendment 2             
 was adopted.                                                                  
                                                                               
 SENATOR FRANK moved to adopt amendment 3, Luckhaupt U3.                       
                                                                               
 RICK SOLIE said this amendment provides for a renewal for an FMA              
 that would not lock the state into an extension.                              
                                                                               
 SENATOR MILLER said there were no objections to amendment 3 and it            
 was adopted.                                                                  
                                                                               
 Number 136                                                                    
                                                                               
 SENATOR FRANK moved to adopt amendment 4, Luckhaupt U4.                       
                                                                               
 MR. SOLIE said amendment 4 would put some bonding provisions in the           
 bill that the department already practices requiring it of FMAs.              
                                                                               
 MR. BOUTIN said these were already a feature of their ongoing                 
 contracts.                                                                    
                                                                               
 SENATOR MILLER noted there were no objections and amendment 4 was             
 adopted.                                                                      
                                                                               
 SENATOR FRANK moved to adopt amendment 5, Luckhaupt U5.                       
                                                                               
 MR. SOLIE said amendment 5 inserts the definition of sustained                
 yield that is in Title 38, not the one in Title 41.                           
                                                                               
 MR. BOUTIN said this definition is a little more comprehensive and            
 is the one the Division of Forestry has to follow anyway on state             
 land.                                                                         
                                                                               
 SENATOR PEARCE asked what the difference was.                                 
                                                                               
 SENATOR FRANK explained under Title 41 if this were a universe of             
 forest, you could cut at a faster rate.  It there was a 100 year              
 regeneration cycle, you could cut more than 1/100 per year if it              
 made sense.  Under even flow you are more restricted to doing it              
 evenly over the regeneration cycles.                                          
                                                                               
 MR. BOUTIN explained that the underlying fear of this amendment is            
 if the state had timber on, for example, 100 year rotation, and put           
 all of that timber under a 20 year contract, using the Title 41               
 definition, the state could log the entire 100 years of timber in             
 the first 20 years and then be out of timber for 80 years.                    
                                                                               
 SENATOR PEARCE asked if even flow would be applied to all state               
 forests or to each sale.  MR. BOUTIN said the state doesn't have in           
 law a unit concept.  It does calculate the annual allowable cut for           
 the Tanana Valley State Forest and then for other forests.                    
 SENATOR MILLER noted there were no further objections to amendment            
 5 and it was adopted.                                                         
                                                                               
 SENATOR ZHAROFF said under section 6 what did "managing a state               
 forest the Commissioner shall maintain growth at a high level of              
 productivity" mean.                                                           
                                                                               
 MR. BOUTIN explained that the Division of Forestry does now remedy            
 forest insect epidemics.  It does now replant after fires to the              
 extent that it can, even though it is not required by law.  They do           
 use precommercial thinning and other forestry methods to maintain             
 a high level of productivity.  He used the Rosie Creek burn as an             
 example.                                                                      
                                                                               
 SENATOR ZHAROFF asked how he would do that under this bill without            
 having an increased budget.  MR. BOUTIN said one resource that has            
 drawn a lot of attention in respect to the FMAs is the 60 million             
 feet allowable cut of low value hardwood in the interior that isn't           
 being used now.  A lot of it is dying back and rotting, so bringing           
 this timber into forestation would increase the level of                      
 productivity geometrically and without any cost.  That timber has             
 a positive market value if there is an industry built to use it.              
                                                                               
 SENATOR FRANK moved to pass CSSB 310(RES) from committee with                 
 individual recommendations. SENATOR ZHAROFF objected.  He said we             
 just went through a major revision with the Forest Practices Act,             
 and a number of people put a lot of effort into that.  This is a              
 move around that Act and it is causing a great deal of concern.               
 SENATORS MILLER, LEMAN, FRANK, and PEARCE, voted yes; SENATOR                 
 ZHAROFF voted no and CSSB 310(RES) passed from committee.                     

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