Legislature(1993 - 1994)
01/26/1993 01:32 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE January 26, 1993 1:32 p.m. TAPE HFC 93-9, Side 2, #000 - end. TAPE HFC 93-10, Side 1, #000 - end. TAPE HFC 93-10, Side 2, #000 - 585. CALL TO ORDER Co-Chair Larson called the House Finance Committee to order at 1:32 p.m. PRESENT Co-Chair Larson Co-Chair MacLean Vice-Chair Hanley Representative Navarre Representative Brown Representative Parnell Representative Foster Representative Therriault Representative Grussendorf Representatives Hoffman and Martin were absent from the meeting. ALSO PRESENT Representative Ulmer; Representative Nicholia; Representative Davies; Representative Toohey; Mike Greany, Director, Legislative Finance Division; Glenn A. Olds, Commissioner, Department of Natural Resources; Natural Resources; Raga Elim, Special Assistant, Department of Natural Resources; Nico Bus, Chief Financial Office, Department of Natural Resources; John A. Sandor, Commissioner, Department of Environmental Conservation; Janice Adair, Assistant Commissioner, Department of Environmental Conservation; Carl L. Rosier, Commissioner, Department of Fish and Game; Ron Somerville, Deputy Commissioner, Department of Fish and Game; Larry Jones, Director, Division of Administration, Department of Fish and Game. SUMMARY INFORMATION OPERATING BUDGET OVERVIEWS: DEPARTMENT OF NATURAL RESOURCES DEPT. OF ENVIRONMENTAL CONSERVATION DEPARTMENT OF FISH AND GAME hb55# HB 55 FY 94 OPERATING BUDGET & LOAN PROGRAMS 1 DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT Co-Chair Larson noted that the Governor's FY 94 proposed budget is $1,225.5 million dollars above the FY 93 authorized level. He noted that the purchasing power of the Department of Natural Resources has eroded during the past 10 years. The Department is $53.788.0 million dollars below its 1983 level, in 1993 general fund dollars. GLENN A. OLDS, COMMISSIONER, DEPARTMENT OF NATURAL RESOURCES emphasized that Article VIII, Alaska State Constitution states that "the legislature shall provide for the utilization, development and conservation of all natural resources belonging to the state,... for the maximum benefit of its people." He observed that the Department of Natural Resources represents 2 percent of the State of Alaska's budget. The Department of Natural Resources generates 80 percent of the revenue of the State. He interjected that the Department had just completed a $90 million dollar lease sale. Commissioner Olds referred to materials provided to committee members detailing the Department of Natural Resources' FY 94 budget request (copy on file). He detailed the department's components. He referred to a Department of Natural Resources publication titled, "A Strategic Plan, Into the 21st Century" (copy on file). The Department's five critical priorities are: * Implementation of the Owner State; * Stimulate a sustainable economical development; * Implement efficiencies of government operation; * Deliver essential services; * Stimulate local initiative and responsibility. Commissioner Olds pointed out that natural resources are the State's basic revenue source. He stated that the Department has fast-tracked the land settlement issue. The State of Alaska's remaining land selection of 23 million acres were filed for on December 31, 1992. Commissioner Olds discussed the Department's priorities. He observed that only 1 percent of the land in Alaska is in private ownership. He asserted that the Department will accelerate the movement of land into private ownership. He assured members that the Department will maintain close cooperation and integration of economic development and economic trade with resource development. Commissioner Olds asserted that the Department's budget reflects appropriate integration of environmental concerns with economic development. 2 Commissioner Olds continued to discuss the Department's priorities. He addressed the need to simplify and accelerate regulatory processes and organizational structures to allow rapid, sustained economic growth. He stressed that the administrative budget will be maximized. He noted that fire suppression costs have been restructured to only reflect fixed costs. Additional costs for fire suppression will be addressed in the supplemental process. He raised the issue of public awareness of Alaska's natural resource asset base. Commissioner Olds noted that the Department proposed a $46 millon dollar capital projects budget. The Governor included $10 million dollars in capital budget requests for the Department of Natural Resources. Commissioner Olds discussed specific modifications to the Department of Natural Resources' FY 94 budget. The Forest Management and Development program was reduced by $791.0 thousand dollars. Nursery functions have been transferred to the Division of Agriculture in order to coordinate efforts with the University of Alaska's research department. The Division of Land was reduced by $800 thousand dollars in their planning and support functions. The net reduction to the Division of Land is approximately $400 thousand dollars. The public information support service function has been realigned and integrated with the Division of Land. One time funding of $97.5 thousand dollars for wetlands has been eliminated. Program receipt authority relating to park user fees has been reduced to reflect low user numbers. He observed that federal parks in the State of Alaska cost $15 dollars per visitor. State parks cost .75 cents per visitor. Commissioner Olds continued to discuss changes in the Department of Natural Resources' budget. The Division of Mining reflects a federal dollar increase of $1.6 million dollars. The Division of Administrative Services was reduced by $250 thousand dollars. The Division of Agriculture has been integrated with the Division of Soil and Water. Representative Brown observed that funding for further analysis and evaluation of Prudhoe Bay producer data was not included in the Department's budget. Commissioner Olds clarified that the project was requested as a capital improvement project, but was not included by the Governor. He noted that the Department appealed the Governor's decision not to include this project. Representative Brown emphasized the importance of the project. 3 Co-Chair Larson referred to the Mental Health Settlement. Commissioner Olds discussed the Department's involvement in the settlement. He reviewed the Mental Health Settlement issue. One million acres were to be set aside for support of mental health. The State has reconstituted 360 thousand acres. In order to meet the State's remaining obligation of 640 thousand acres, a pool of 7 million acres was created. This pool was created as insurance, to allow for comparable worth. He suggested that 7 million acres is excessive. The Department has asked the Attorney General to review its recommendation that the quantity of land set aside to meet the State's obligation be reduced. He indicated that final settlement is not eminent since one of the four plaintiffs is not in agreement with the other three. Co-Chair Larson announced that the House Finance Subcommittee on the Department of Natural Resources' budget consists of Representatives Therriault, James, Williams, Green, Toohey, Davies and Carney. Commissioner Olds displayed to members a map detailing the available resources of the State of Alaska. He noted that the State of Alaska contains, as a conservative estimation, $357 billion dollars in resources. DEPARTMENT OF ENVIRONMENTAL CONSERVATION Co-Chair Larson noted that over the past 10 years the Department of Environmental Conservation's budget has grown approximately $5.5 million dollars. This does not account for the addition of programs, services or population growth. The Department is requesting a FY 94 increase of $498.0 thousand dollars. JOHN SANDOR, COMMISSIONER, DEPARTMENT OF ENVIRONMENTAL CONSERVATION presented members with back-up material regarding the Department's FY 94 budget request (copy on file). He summarized the Department of Environmental Conservation's objectives as detailed in the back-up provided to members (Attachment 1). He discussed the following objectives: * Development of formal partnership agreements with Alaskan communities and other public/private groups; * Implement Alaska's Water and Sanitation Task Force recommendations; * Work with the Environmental Protection Agency (EPA) to obtain recognition of Alaska's unique wetlands situation; 4 * Assist EPA in establishing a regional office in Alaska; * Complete the revision of Alaska's Water Quality Standards as part of the Clean Water Act Triennial Review; * Maintain state primacy of federal environmental protection programs; * Continue implementation of Alaska's Tough Oil Discharge Prevention and Contingency Planning regulations; (Tape Change, HFC 93-10, Side 1) * Accelerate the resource and service restoration work associated with the Exxon Valdez Oil Spill Trustee Council; * Continue emphasis on Environmental Research and Development through partnerships with universities, federal agencies and the private sector; * Continue focusing attention on the North Pacific Fisheries problem of wasteful practices; * Work with the Northern Forum and other international groups in dealing with arctic/subarctic environmental issues; * Integrate and coordinate DEC activities with DNR and other departments where redundancies or shared responsibilities exist; * Work in partnership with the Alaska Legislature to amend or develop environmental laws, regulations and programs to promote environmental and sustainable development. Commissioner Sandor expanded his overview to included specific projects to be addressed. He noted the importance of implementation of Alaska's Water and Sanitation Task Force recommendations. He estimates that it will cost between $1.2 and $1.4 billion dollars to bring Alaska's rural communities up to minimum health standards. He emphasized that he is not discussing water in the homes. Communities would only be provided with a safe water source and a safe means to dispose of human waste. He stressed that there is a shared federal/state responsibility to 5 provide safe water and sanitation. The Department proposes that the State fund $25 million dollars a year over a 20 year period. The Department is proposing that the federal government match this amount. Commissioner Sandor continue to outline the Department's legislative priorities: * Simplify regulations; * Enactment of an Air Quality Permit Bill which will meet federal Clean Air requirements; (25 additional air quality specialists will be required to meet the mandate of the 1990 federal requirements. User fee authority will be needed since the program will be funded by permit fees.) * Encourage the use of natural gas and other alternative energy sources for motor vehicles through legislation; * Modifications of existing laws and regulation which will lessen the cumulative impact of environmental regulations on Alaska's smaller communities; * Utilize Exxon Valdez Oil Spill settlement and other funds to complete the acquisition of Kachemak State Park inholdings; * Strengthen measures to deter environmental crimes; * Complete Water Quality regulations and standards; * Establish and administer a fair user fee program and encourage communities to collect and administer the program; (The Department of Environmental Conservation's budget contains $3 million dollars to be funded by user fees.) * Strengthen Alaska's fish inspection and monitoring programs to further enhance and preserve Alaska's reputation for marketing top quality fish; (The Department has shifted $1 million dollars to the Environmental Health Unit.) Commissioner Sandor noted that there has been problems with paralytic seafood poisoning of Alaskan crab and shellfish stock. He emphasized the growing world competition. He suggested a monitoring program to demonstrate that every part of Alaska is meeting both Food and Drug Administration and Environmental Protection Agency health standards. 6 * Strengthen Alaska's emergency response capability for oil and hazardous substance spills. * Consider revisions of radiation control/protection responsibilities stemming from the State Emergency Response Commission's report to the Governor; * Work with the legislature to plan a budget strategy for 1995 and the balance of the decade. Commissioner Sandor emphasized that the programs and responsibilities of the Department of Environmental Conservation have increased. The Divisions of Environmental Quality and Spill Prevention and Response have been restructured. Funding will be allocated by region rather than through the Central Office. The Divisions of Facility Construction and Operation and Environmental Health will still be administered from the Central Office. The general fund allocation for the hazardous waste program will be reduced by $1 million dollars. Funds will be shifted to the Division of Environmental Health. He stressed that the Department is not abandoning its interest in hazardous waste. Commissioner Sandor discussed coordination of programs between the Department of Natural Resources and the Department of Environmental Conservation. The Attorney General will be consulted in regards to dual appointments of personnel. Dual appointments would allow the departments to share monitoring and administerative responsibilities. He assured members that the Department of Environmental Conservation will maintain high water quality protection standards. Representative Brown asked why the Department has changed from a project to a region oriented budget. Commissioner Sandor replied that the primary motivation is to fix responsibility and to achieve targets associated with the regions. Regional administrators and district managers would have more responsibility. Representative Brown expressed concern that the Legislature will have difficulty assessing what will be funded and what is accomplished. She emphasized her desire to see specific projects funded in the Division of Environmental Quality. Co-Chair Larson discussed the use of the 470 Fund to compensate the Underground Storage Tank Program. He asked if the Department would support a two cent per gallon motor fuel tax. Commissioner Sandor answered that a two cent fee was considered for fuel storage facilities. 7 JANICE ADAIR, ASSISTANT COMMISSIONER, DEPARTMENT OF ENVIRONMENTAL CONSERVATION gave a brief historical overview of the Underground Storage Tank Program. She noted that past legislatures have debated whether the program could be paid for with dedicated funds. She noted that the 1992 Legislature elected to fund the program through the Mitigation Account which is separate from the 470 Fund. She noted that the Mitigation Account may be appropriated to the 470 Fund. The FY 94 budget proposes to fund the program through the Mitigation Account. REPRESENTATIVE DAVIES underscored the importance of addressing the hazardous waste problem. He noted the financial burden of affected communities. Commissioner Sandor acknowledged the problems associated with hazardous waste disposal. He suggested that the State work with communities to work through regional organizations. Co-Chair Larson relayed concerns by a constituent that while the State's spill prevention and response planning has been expanded, that there has been no advancement of the Department's capability to mitigate the on shore affects of oil. Commissioner Sandor agreed that the Department has not developed further capability to mitigate the affects of on shore oil. He noted problems associated with oil which has contaminated mussel beds. Representative Foster expressed his appreciation to Commissioner Sandor for his concern and work in rural Alaska. Co-Chair Larson announced that the Department of Environmental Conservation House Finance Subcommittee consists of Representatives Therriault, Parnell, G. Davis, Brown and Finkelstein. REPRESENTATIVE NICHOLIA asked if, under water quality standards review, the five NTU's required for placer miners will be reviewed. Commissioner Sandor did not expect changes to be made in product standards. He emphasized that the review will be aimed at regulation of 64 toxic substances. DEPARTMENT OF FISH AND GAME Co-Chair Larson noted that the Department of Fish and Game's FY 94 budget request is $2.633 million dollar below FY 93. Over the last ten years the purchasing power for Department of Fish and Game has decreased by $12,064.3 million dollars. CARL ROSIER, COMMISSIONER, DEPARTMENT OF FISH AND GAME 8 stressed the importance of fish and game resources to the State of Alaska. He noted that in 1992, the State of Alaska, vessel value was 1.2 billion dollars. He estimated that 40 - 45 million pounds of subsistence resources are harvested annually. He observed the importance of non- consumptive uses and sport fishing activities. He emphasized the importance of the Department of Fish and Game as a public service to the common property resource. Commissioner Rosier provided members with a handout detailing the Department's missions and priorities (copy on file). Commissioner Rosier stressed that the Department of Fish and Game will strive to: * Maximize public benefits; * Increase governmental efficiency by; streamlining, combining divisions and reprioritizing programs; (Tape Change, HFC 93-10, Side 2) Commissioner Rosier noted that the Fisheries Rehabilitation Enhancement Division (FRED) and the Division of Commercial Fisheries will be combined. Major hatchery facilities will be withdrawn from FRED. Commissioner Rosier discussed key functions which will be retained by FRED: * Mariculture * Regional planning and technical support of regional Aquacultural Associations. * Genetic research. Commissioner Rosier pointed out that FRED program funding has been reprioritized. Coho management, stock assessment and Northern fisheries will receive increased priority. He observed that the Northern fisheries have not benefited from enhancement programs carried out in the Gulf. He stated that the Northern fisheries are beginning to show the signs of resource stress. Commissioner Rosier discussed economic diversification and revenue enhancement. He stated that the Department of Fish and Game is continuing to develop fisheries. He mentioned transferring hatchery technology to the Saint George fisheries. He noted that a small new fisheries has been set up in the Atka area. 9 Commissioner Rosier addressed Community Development Quotas (CDQ). The Department is monitoring the CDQ program. Seven percent of the Bering Sea pollack resource has been allocated to local communities. Commissioner Rosier observed that the sport fish industry has continued to grow. In 1992 non-resident license sales exceeded resident license sales for the first time. Commissioner Rosier reiterated that hatcheries managed by FRED will be turned over to the private/non-profit sector. He added that the Department will continue to provide support in regards to generic and disease issues. Commissioner Rosier noted the need to develop shellfish seed stock. Commissioner Rosier discussed issues concerning state jurisdiction. The State has litigation pending regarding the extension of federal authority into navigable waters of the State of Alaska. The Pacific Salmon Forum retains its importance in Canadian and Alaskan fisheries. The State is involved in Yukon treaty negotiations. The Department anticipates further negotiations concerning subsistence and commercial uses within Glacier Bay Park. The Department also expects federal legislation regarding the Magnuson Act, Endangered Species Act, Marine Mammal Protection Act and biodiversity. Commissioner Rosier examined the major impacts of restructuring FRED. He emphasized that the Department is withdrawing to its primary function of resource management. The Department has proposed the closure or transfer of four hatcheries; Crooked Creek, Big Lake, Klawock and Deer Mountain. In addition, the Department is proposing full transfer to the private sector of Kitoi, Pillar Creek and Gulkana facilities. The Department is proposing that Fort Richardson, Elmendorf and Broodstock Development Center facilities be transferred to the Division of Sport Fish. Four facilities would remain in FRED; Snettisham, Crystal Lake, Sikusuilaq and Clear. Commissioner Rosier explained that the Department is seeking additional funding for the Commercial Fisheries Division to fund a crab pot identification program. He added that the Department is proposing to redirect funds to the CDQ program. He explained that the federal government is not going to monitor the program. The Sport Fish Division has been redirected to in season management. The Division of Boards will also require increased funding. Representative Navarre asked how the Crooked Creek hatchery 10 stock and programs will be replaced if the State is unable to transfer the facilities to the private sector. Commissioner Rosier replied that there is nothing to replace the commercial utilization of the facility unless the Aquacultural Association agrees to allow utilization of one of their Cook Inlet facilities. The sport fish portion would be handled through the Fort Richardson and Elmendorf facilities. Representative Hanley observed that legislation passed requiring the Board of Fish to adopt regulations for mid stock fisheries. He noted that regulations have not yet been implemented. He emphasized the need to address the problem. He added that there are concerns that there will be excessive shellfish leasing in areas that have been traditionally used by sport and recreational users. He cited conflicts in Washington State between mariculture and other uses. Commissioner Rosier acknowledged the difficulties involved. Representative Foster asked what efforts would be made to enhance the fishery stocks in the Northern Fisheries. Commissioner Rosier replied that the issue still needs to be addressed and technology developed. Representative Ulmer commented on page 26 of the "Alaska Department of Fish and Game Department Budget and Program Overview - FY 94" (copy on file). She noted that under "Major Issues," the Department lists as its number one priority the reduction of program receipts. "Reduction of program receipts results in the issue of the capability of the private nonprofit regional associations to operate existing state facilities with their own infrastructure." She asked if this policy is inconsistent with the desire to promote economic development an promote new private sector jobs. She emphasized that job loss will be associated with the closures. She asked Commissioner Rosier to clarify the rationale behind the closures. Commissioner Rosier emphasized that discussions are continuing with the private sector to assume these facilitates. He noted that there are only two sources of general fund dollars in the Department; FRED and the Commercial Fisheries Division. He asserted that he must protect the core entity. He assured her that the facilities in question would be managed. He reiterated that the Kitoi, Pillar Creek and Gulkana facilities would continue to be operated. Co-Chair MacLean asked if user fees would be placed on the pollack fisheries. Commissioner Rosier replied that there were no plans for user fees on this fishery. He noted that 11 the Department of Fish and Game and Department of Community and Regional Affairs are coordinating their efforts in regards to CDQ's. Co-Chair MacLean asked for information regarding the closure of the Kotzebue office. LARRY JONES, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES, DEPARTMENT OF FISH AND GAME clarified that the position would be transferred to the Fairbanks office. Co-Chair Larson announced that the Department of Fish and Game House Finance Subcommittee consists of Representatives Hanley, Moses, Hudson, Bunde, G. Davis, Hoffman, Davidson, Nicholia and Grussendorf. ADJOURNMENT The meeting adjourned at 3:38 p.m. 12
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