Legislature(2017 - 2018)CAPITOL 106
03/21/2017 12:00 PM House ARCTIC POLICY, ECONOMIC DEV., & TOURISM
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| Audio | Topic |
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| Start | |
| SCR4 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SCR 4 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON ARCTIC POLICY,
ECONOMIC DEVELOPMENT, AND TOURISM
March 21, 2017
12:04 p.m.
MEMBERS PRESENT
Representative Dean Westlake, Chair
Representative Bryce Edgmon
Representative Andy Josephson
Representative Chris Tuck
Representative Gary Knopp
Representative Mark Neuman
Representative David Talerico
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR SENATE CONCURRENT RESOLUTION NO. 4(STA)
Relating to the Task Force on Unmanned Aircraft Systems.
- MOVED HCS CSSCR 4(AET) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SCR 4
SHORT TITLE: TASK FORCE ON UNMANNED AIRCRAFT SYSTEMS
SPONSOR(s): SENATOR(s) HUGHES
02/22/17 (S) READ THE FIRST TIME - REFERRALS
02/22/17 (S) STA
03/09/17 (S) STA AT 3:30 PM BUTROVICH 205
03/09/17 (S) Moved CSSCR 4(STA) Out of Committee
03/09/17 (S) MINUTE(STA)
03/10/17 (S) STA RPT CS 5DP SAME TITLE
03/10/17 (S) DP: DUNLEAVY, EGAN, COGHILL, GIESSEL,
WILSON
03/13/17 (S) TRANSMITTED TO (H)
03/13/17 (S) VERSION: CSSCR 4(STA)
03/14/17 (H) READ THE FIRST TIME - REFERRALS
03/14/17 (H) AET
03/21/17 (H) AET AT 12:00 AM CAPITOL 106
WITNESS REGISTER
BUDDY WHITT, Staff
Senator Shelley Hughes
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SCR 4 on behalf of Senator
Hughes, prime sponsor.
STEVE WACKOWSKI, Taskforce Member
Operations Manager
Tuluva Joint Venture between Fairweather Science, Kaktovik
Inupiat Corporation, and Olgoonik Oilfield Services
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SCR 4, testified and
answered questions.
CATHY CAHILL, Director
Alaska Center for Unmanned Aircraft Systems Integration
University of Alaska Fairbanks
Fairbanks, Alaska
POSITION STATEMENT: During the hearing of SCR 4, answered
questions.
ACTION NARRATIVE
12:04:36 PM
CHAIR DEAN WESTLAKE called the House Special Committee On Arctic
Policy, Economic Development, and Tourism meeting to order at
1:06 p.m. Representatives Westlake, Knopp, Talerico, Edgmon,
and Josephson were present at the call to order.
Representatives Newman and Tuck arrived as the meeting was in
progress.
SCR 4-TASK FORCE ON UNMANNED AIRCRAFT SYSTEMS
12:05:24 PM
REPRESENTATIVE WESTLAKE announced that the only order of
business would be SENATE CONCURRENT RESOLUTION NO. 4, Relating
to the Task Force on Unmanned Aircraft Systems. [Before the
committee was Version 30-LS0360\D.]
12:05:54 PM
BUDDY WHITT, Staff, Senator Shelley Hughes, Alaska State
Legislature, advised that in 2013, Senator Hughes' constituents
brought to her attention the issue of unmanned aircraft systems,
particularly involving privacy concerns with drones. The
legislative task force was formed to provide a private and
public partnership for the advancement of unmanned aircraft
systems and looking at state and federal laws having to do with
privacy concerns in Alaska. The key component of the task force
was to review Alaska's statutes to determine what additional
privacy protections were needed in order to not only protect the
privacy of Alaskans, but also provide for an expansion of this
growing technology. Key pieces of legislation came forward due
to this task force and the 2014 legislation clearly defined the
rules for law enforcement's use of unmanned aircraft systems and
permitted the University of Alaska to develop an unmanned
aircraft system operations training program. The bill strictly
specified the following: search warrants must be issued before
gathering evidence for a criminal investigation, law enforcement
maintain a record of each flight, establish an available flight
record system, law enforcement would only be allowed to operate
with trained and certified pilots and crews, obtain
authorization, permits, and certificates required by the FAA,
notify the public of operations of unmanned aircraft systems,
provide for community involvement in the development of
policies, ensure that the flight of an unmanned aircraft system
was for a public purpose, and dispose of images not required as
part of an investigation for prosecution or training.
12:09:46 PM
MR. WHITT advised that the taskforce on passed HJR 5 in 2015,
recognizing the Academy of Model Aeronautics for its drone
safety and education purposes. In 2016, HCR 17 was passed to
support the unmanned aircraft industry's use of state land to
conduct tests, training, and develop the technology.
Development of drone safety guidelines and privacy guidelines
were also completed by this taskforce and examples of those
guidelines are enclosed in the committee packet. A partnership
with the Department of Commerce, Community & Economic
Development has been a key component in making certain those
items are available on line for those interested in flying a
drone safely and education. The taskforce would like to
continue to review the industry, FAA guidelines, federal and
state laws, and address any additional concerns from the public.
The taskforce is devoted to volunteers to run this taskforce
with zero cost to the state, and the bill sponsor asks that the
committee support the passage of this legislation so this effort
can continue.
12:12:15 PM
REPRESENTATIVE TUCK referred to page 3 of the legislation, and
advised he was looking for the words "public and industry"
because the fiscal note analysis read, "it was prepared with the
assumption that the amendment striking the words 'public and
industry' from page 3 had been adopted." He asked whether it
had been adopted.
MR. WHITT responded that in a previous committee, the two words
"public and industry" were stricken from the resolution and
striking those words precludes any member of the taskforce from
receiving any compensation for their service on the taskforce.
12:13:23 PM
REPRESENTATIVE NEUMAN asked who staffs the taskforce, copies
down the recommendations, performs work, and how it is funded.
MR. WHITT replied that the taskforce is staffed by two
legislative members, Senator Hughes and Representative Neal
Foster, who put together the agendas, meetings, materials, take
minutes, making recommendations, and the responsibilities of
those two legislative members are performed under current
funding of those offices.
12:14:09 PM
REPRESENTATIVE NEUMAN asked whether the recommendations are then
sent to the legislature.
MR. WHITT answered that if the taskforce made recommendations
concerning privacy or anything related to unmanned aircraft
systems that would require legislative input, the
recommendations would then be drafted into legislation, as has
been worked on previously, and brought to the legislature for
review.
REPRESENTATIVE NEUMAN noted that eventually there would have to
be regulations written for this legislation.
MR. WHITT responded that for the taskforce itself, regulations
would not be written, its charter is within the language of the
resolution before the committee. However, he said, if
regulations needed to be written by the state in order to make
sure this technology is managed properly, it is quite possible
the taskforce would make a recommendation for additional
regulations. However, based upon the history of the taskforce
in its four years of existence, and based upon the history of
the legislators who are assigned, the proclivity is to write
statute and not regulation.
REPRESENTATIVE NEUMAN said that obviously regulations are
promulgated on statute, so if statutes are written, regulations
will be written. There must also be a state entity enforcing
these regulations and that costs money, such as state employees'
time and efforts. Now, he said, there are recommendations to
give to a state entity and asked what state entity will enforce
these regulations, and what efforts will be involved as the
legislature continues to reduce these state departments'
budgets, yet they still have all of the regulations currently on
the books which expends huge costs. He asked who will cover the
costs of writing and enforcing the regulations, and what
department.
12:17:05 PM
MR. WHITT answered that the sponsor believes emerging
technologies require the state to look at emerging technologies
the right way because 20-years ago, unmanned aircraft systems
were not known to be used by civilians and were used in certain
military capacities. As these emerging technologies come
forward, there may be changes in how the state conducts itself,
and how it regulates. He speculated that the sponsor would
agree there is cost in creating regulations and regulating new
and developing industries and technologies, except, not
performing that regulatory task results in confusion in how this
technology is supposed to be handled by the state and public.
12:18:50 PM
REPRESENTATIVE KNOPP commented that the state does not regulate
airspace, the FAA regulates all airspace controlled, and
uncontrolled. He opined that the taskforce monitors the FAA
actions and regulations that are put in place, and provide some
commentary to the FAA in developing the regulations. The state
as a governing body will never have an option to regulate
airspace, he reiterated.
MR. WHITT agreed, and he said the FAA does control airspace, the
mission of the taskforce is to be a conduit between the state's
interests and the FAA's regulations on unmanned aircraft
systems. However, he added, the taskforce has made
recommendations on legislation in previous years and regulations
must be written according to that legislation. The taskforce
rides the line between federal interests and/or Alaska's state
interests and tries to make recommendations based upon the needs
of Alaskans, and what the federal governments dictates.
12:20:52 PM
REPRESENTATIVE KNOPP requested an example of regulations the
taskforce proposed and the state adopted.
MR. WHITT offered that HB 255 is the clearest indicator of how
the taskforce took the FAA regulations and developed statutes in
an attempt to solve some of the concerns of the public. He
advised that the bill dealt mostly with law enforcements' use of
unmanned aircraft systems, and setting up the University of
Alaska, Fairbanks' unmanned aircraft research center.
12:21:40 PM
REPRESENTATIVE EDGMON, in speaking in support of the resolution,
noted the language appeared to be in future tense or future
oriented. He asked why the legislature would not carry this
taskforce out farther than just an additional year, noting that
the state is encountering tough fiscal times. He pointed out
that he is becoming less supportive of running these things
every year or every two years when it is cheaper to place the
timeline at five years.
MR. WHITT responded that the legislative members of the
taskforce are on two-year cycles and the sponsor was trying to
keep that same date sequence.
REPRESENTATIVE EDGMON noted agreed that that makes sense, except
on the other hand, it also make sense that the legislature would
extend to 2020, or 2022, because arguably this taskforce will be
around for some time. He said he agrees with Representative
Newman in that it takes money to run these bills through the
system.
MR. WHITT agreed to take Representative Edgmon's suggestion to
the sponsor.
12:25:10 PM
STEVE WACKOWSKI, Taskforce Member, Operations Manager, Tulugaq
Joint Venture between Fairweather Science, Kaktovik Inupiat
Corporation, and Olgoonik Oilfield Services, advised that the
joint venture has conducted unmanned aerial systems (UAS)
operations in the North Slope, and Kenai Peninsula. Mr.
Wackowski, in providing background, advised that he flew UAS in
the military oversees, and research purposes in the Arctic, and
commented that he came home to help grow the blossoming
industry. In response to Representative Newman, answered that
beyond just doing a report, the taskforce through various
Alaskan legislators did write letters of advocacy to the
Congressional Delegation, the FAA, and to "our trade
organizations" to help encourage businesses to come to Alaska.
Research and development dollars have come to Alaska because the
"big UAS industry" itself has seen a good partnership between
the state, industry, and the university, and it has help
incentivize research and development dollars to come north to
conduct operations. In 2013, the first ever commercial beyond
visual line of sight UAS operation happened in Alaska, and it is
on the cutting edge" in many ways of this technology. As the
industry grows, "we hope to grow" with it and create jobs for
Alaskans. He opined that the state has actually regulated
drones in two sectors, the Alaska Department of Fish & Game
banned the use of drones for same-day hunting, and the fishing
industry banned drone use for spotting fish. He remarked that
other states are "doing this kind of hodge podge" of regulations
and it has limited people. There are so many sets of rules from
the FAA and its standards for safety are "pretty gold standard"
and any additional regulation at the state level would be
prohibitive to growing the industry.
12:28:22 PM
REPRESENTATIVE NEUMAN offered that oftentimes good industry
emerges and government tends to get in the way, which was a big
part of his concern. He asked whether private industry has the
ability to invest in this taskforce in writing these
recommendations because the state cannot just accept funds, and
possibly part of the recommendations could be to be able to
accept funding for this subject.
12:29:09 PM
REPRESENTATIVE EDGMON referred to Version D, page 1, lines 5-8,
which read as follows:
WHEREAS the legislature has provided significant
financial support to the Alaska Center for Unmanned
Aircraft Systems Integration at the University of
Alaska Fairbanks to further the center's research
initiatives and to increase its capabilities for use
as a Federal Aviation Administration test site; and
REPRESENTATIVE EDGMON noted that the legislature is
substantially cutting the university's budget, and he said he
said that as a matter of fact and not as a partisan statement.
MR. WHITT interjected deferring to Cathy Cahill.
12:30:00 PM
REPRESENTATIVE EDGMON asked to finish his question by inquiring
as to whether the taskforce advocates in any manner at all, or
"are you just merely -- sort of an ad hoc advisory board."
MR. WACKOWSKI replied that "They have advocated for us," and an
example is the yearly worldwide trade show "AVUSI." The
taskforce coordinated "us partnering" with the university and
the industry partners based in Alaska, to man a booth
encouraging people to come to Alaska and fly their drones for
research and development.
REPRESENTATIVE EDGMON referred to his suggestion of extending
the expiration date of the taskforce, and asked whether that
would help with the continuity of the taskforce for someone like
Mr. Wackowski.
MR. WACKOWSKI responded that he is one of two industry
representatives, and they wholeheartedly support extending the
taskforce beyond the two-year cycle.
12:31:22 PM
CATHY CAHILL, Director, Alaska Center for Unmanned Aircraft
Systems Integration, University of Alaska Fairbanks, advised
that in terms of funding, there was an original $5 million
capital grant from the legislature to allow the Alaska Center
for Unmanned Systems Integration to compete in the competition
for one of the FAA test sites. The center partnered with Hawaii
and Oregon and formed the Pan-Pacific UAS Test Range Complex,
and were awarded the test site, and also was awarded all of the
FAA responsibility for the site. Originally, she said, they
believed the FAA would have each state accept responsibility for
their operations, and instead the FAA gave it all to the
University of Alaska Fairbanks because it had a long track
record of unmanned aircraft operations. She said that thanks to
various legislators, a couple of years ago money was put into
the university operating budget for this particular center, and
that is money it has used to, further development of curriculum,
work the test sites, try to bring industry into Alaska, supports
some of its basic operations. It was a commitment from the
legislature to the university that the university has been
trying to protect so the legislature's desires are moved
forward.
12:33:29 PM
REPRESENTATIVE WESTLAKE asked how extending the deadline for
more continuity affects the center.
MS. CAHILL commented that the center believes is important to
pay attention to the concerns of the public, to help move
forward FAA communications especially as one of its test sites
and being part of its Center for Excellence for unmanned
aircraft operations. In the event the taskforce was extended,
she explained that it would allow the center to continue those
services over a longer period of time without going through the
renewable process every two years.
12:34:25 PM
REPRESENTATIVE KNOPP requested a progress report as to research
and development and enticing the industry to come to Alaska,
whether current regulations are still being developed, and the
center's successes.
MS. CAHILL responded that the center is partnering with multiple
private companies, it is working with Mr. Wackowski, of
Fairweather, Lockheed Martin, the Arctic Slope Regional
Corporation, and other companies of which they have non-
disclosure agreements. The center is also seeing activity in
other ranges of the Pan-Pacific of which seeds money into the
Alaska program; it is working for NASA at the Tillamook Range in
Oregon where it recently had a flight from 70,000 feet to the
surface; the center is working hard on getting curriculum up and
going, and it is a pathway for former military to have a
civilian role - this particular center has over 100 years of
combined military experience in its operators. The major
challenge is the FAA; therefore, the center has been working
hard through its test site program and the Center of Excellence,
in working specifically on Alaskan issues. For the center that
would be, beyond visual line of sight, which is necessary in
order to, for example, fly the inner-(indisc.), or fly the C-
GCET towers, or other operations. The center is trying to push
the technologies and move it forward so it can actually be
employed safely in Alaska. All of its operators are manned
pilots and concerned about Alaska's airspace, the center has
been working with NASA on the UAS Traffic Management Research
Project. Currently, the regulations on the federal side are the
center's biggest handicap, she reiterated.
12:37:16 PM
REPRESENTATIVE KNOPP asked the center's funding sources and
whether it receives federal grants or fees from commercial
operations, or whether it is solely involved in the state budget
for the program.
MS. CAHILL answered that the funding is two-thirds to three-
quarters federal and private funds. The center is working hard
in terms of bringing in that outside funding and that it is
ramping up.
12:38:02 PM
REPRESENTATIVE WESTLAKE asked whether there is a financial
picture on the funding sources and how it has affected other
monies, and how the state used this $5 million initial outlay as
leverage to attract more money.
MS. CAHILL responded that the center is coming up on the end of
that original five-year grant and it will compile a summary
shortly in terms of how the money was spent, what it has
accomplished in getting the Pan-Pacific UAS Test Range Complex
up and running, getting students up and going, and so forth.
REPRESENTATIVE WESTLAKE responded that the committee would
appreciate receiving the final summary.
12:39:37 PM
REPRESENTATIVE WESTLAKE opened public testimony on SCR 4. After
ascertaining no one wished to testify, closed the public hearing
on SCR 4.
12:40:13 PM
REPRESENTATIVE NEUMAN commented that a report to the committee
would be good to have as to the funds it was able to bring in,
its goals, the successes, and challenges. Usually, he related,
when timing is set at one to two years it is put there so the
legislature can receive those updates.
REPRESENTATIVE KNOPP commented that he does support the
taskforce and is glad the state has it because as a pilot, when
the drone industry first started there were concerns about where
the drones would fly, how far, and how high. He related that it
is an industry he actually likes because the technology is
incredible. The taskforce, he pointed out, has served a good
purpose in the recommendations and regulations in helping to
control that industry and moving it forward, and he would like
to see the timeline for the taskforce extended to a minimum of
four years.
REPRESENTATIVE TUCK related that this is a good example of how
the university can create new industries in Alaska, and the
taskforce helped make that happen with the seed money. It is
also an example of the necessity of being careful about the
amount of money the legislature cuts from the university's
budget because sometimes that is research dollars coming into
Alaska. In looking forward, he said, he is mindful of the
state's fiscal situation, as is the resolution, because people
are "doing it" with no compensation on a volunteer basis and it
has a zero-fiscal note as a result. There may be times in the
future that the legislature "just needs to make a little small
investment," he remarked.
12:43:07 PM
REPRESENTATIVE WESTLAKE related that he sees the potential for
drones in search and rescue and protecting Alaska's resources,
and there is huge potential for all of the citizens of the
state.
12:43:42 PM
REPRESENTATIVE TUCK advised that he serves on the Board of
Trustees for the Alaska (indisc.) School and it is looking at
unmanned aircraft as part of its apprenticeship program because
drones are used in the utility world for safely inspecting power
lines and tower climbing.
12:44:37 PM
The committee took an at-ease from 12:44 p.m. to 12:47 p.m.
12:47:00 PM
REPRESENTATIVE EDGMON moved to adopt Conceptual Amendment 1, on
SCR 4, Version D, page 3, line 31. He moved to delete June 30,
2018, and insert June 30, 2020.
REPRESENTATIVE NEUMAN noted that currently it is slated to end
on June 30th, which is generally when the legislature is not in
session. He suggested the timeline end while the legislature is
in session so it would not be a stagnating date.
REPRESENTATIVE KNOPP suggested that Conceptual Amendment 1
simply allow the legislature to address it through that
legislative session, and at that time the legislature would make
a motion to extend the deadline again or just let it lapse. In
the event the committee moved it up any earlier it would force
the legislature to act on it too early in the session, and said
he was supportive of leaving it out there in June because it
gives the legislature the entire session to address the subject.
12:48:57 PM
There being no objection, Conceptual Amendment 1 was adopted.
12:49:10 PM
REPRESENTATIVE EDGMON moved to report SCR 4(STA), Version 30-
LS0360\D, as amended, with individual recommendations and the
accompanying fiscal notes. There being no objection, SCR 4(STA)
moved from the House Special Committee on Energy.
12:52:28 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Energy meeting was adjourned at 12:52 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SCR4 - Explanation of Changes A to D.pdf |
HAET 3/21/2017 12:00:00 PM |
SCR 4 |