Legislature(2019 - 2020)GRUENBERG 120
05/07/2019 10:00 AM House FISHERIES
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.
| Audio | Topic |
|---|---|
| Start | |
| HB99 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 99 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
May 7, 2019
9:59 a.m.
MEMBERS PRESENT
Representative Louise Stutes, Chair
Representative Bryce Edgmon
Representative Jonathan Kreiss-Tomkins
Representative Sarah Vance
MEMBERS ABSENT
Representative Chuck Kopp
Representative Geran Tarr
Representative Mark Neuman
COMMITTEE CALENDAR
HOUSE BILL NO. 99
"An Act relating to the development and operation of a
hydroelectric site at the Nuyakuk River Falls; providing for the
amendment of the management plan for the Wood-Tikchik State
Park; and providing for an effective date."
- MOVED CSHB 99(FSH) OUT OF COMMITTEE
PRESENTATION(S): UPDATE FROM THE COMMERCIAL FISHERIES ENTRY
COMMISSION
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 99
SHORT TITLE: NUYAKUK RIVER FALLS: HYDROELECTRIC SITE
SPONSOR(s): REPRESENTATIVE(s) EDGMON
03/18/19 (H) READ THE FIRST TIME - REFERRALS
03/18/19 (H) FSH, RES
04/02/19 (H) FSH AT 10:00 AM GRUENBERG 120
04/02/19 (H) Heard & Held
04/02/19 (H) MINUTE(FSH)
05/02/19 (H) FSH AT 10:00 AM GRUENBERG 120
05/02/19 (H) -- MEETING CANCELED --
05/07/19 (H) FSH AT 10:00 AM GRUENBERG 120
WITNESS REGISTER
RICKY GEASE, Director
Division of Parks and Outdoor Recreation
Department of Natural Resources
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to HB 99.
STEVE PERKINS
Dillingham, Alaska
POSITION STATEMENT: Testified in opposition to the proposed
committee substitute, Version K, for HB 99.
ROBERT HIMSCHOOT, Chief Executive Officer/General Manager
Nushagak Electric and Telephone Cooperative
Dillingham, Alaska
POSITION STATEMENT: Testified in support of the proposed
committee substitute, Version K, for HB 99.
MARK LISAC
Dillingham, Alaska
POSITION STATEMENT: Testified in support of the proposed
committee substitute, Version K, for HB 99.
ACTION NARRATIVE
9:59:38 AM
CHAIR LOUISE STUTES called the House Special Committee on
Fisheries meeting to order at [9:59] a.m. Representatives
Kreiss-Tomkins, Vance, Edgmon, and Stutes were present at the
call to order.
HB 99-NUYAKUK RIVER FALLS: HYDROELECTRIC SITE
10:00:37 AM
CHAIR STUTES announced that the first order of business would be
HOUSE BILL NO. 99, "An Act relating to the development and
operation of a hydroelectric site at the Nuyakuk River Falls;
providing for the amendment of the management plan for the Wood-
Tikchik State Park; and providing for an effective date."
10:01:07 AM
REPRESENTATIVE KREISS-TOMKINS moved to adopt the proposed
committee substitute (CS), Version 31-LS0714\K, Fisher, 5/3/19,
as the working document. There being no objection, Version K
was before the committee.
10:01:50 AM
REPRESENTATIVE EDGMON explained the changes made in Version K.
He said the original bill had generic language that said the
development and operation of the proposed hydroelectric project
would not be considered an incompatible use with the statutes
that govern the Wood-Tikchik State Park. Based on stakeholder
participation in the Bristol Bay region, Version K would take
this a step further by providing more detail relative to the
conditions that the Nuyakuk River Falls project would have to
meet in order to be a compatible use in terms of development and
operation. Those terms are: would not include a dam that fully
spans a river; would maintain at least 70 percent of the daily
upstream water flow of an affected river along the natural
course of the river; and would put an initial sideboard of a
five-year period for the project to become licensed by the
Federal Energy Regulatory Commission (FERC) in order for the
project to be considered a compatible use in the state park.
REPRESENTATIVE EDGMON noted the refined language included in
Version K has garnered full, unequivocal support in the region
and meets the test of anybody who might have a concern about any
anadromous fish activity in the area, as well as the
preservation of the river itself going into perpetuity.
10:03:55 AM
REPRESENTATIVE KREISS-TOMKINS inquired about the fiscal note of
$20,000 for promulgating the regulation package. He asked why
promulgating the regulations would cost $20,000 rather than
being done within the normal course of agency operations.
10:04:46 AM
RICKY GEASE, Director, Division of Parks and Outdoor Recreation,
Department of Natural Resources, replied that there is an
advisory board for Wood-Tikchik State Park and that the planning
would entail setting up a series of public meetings to make the
regulatory changes to the management plan itself on the
regulatory level that this moves forward. Because it is a
remote area this takes a bit more money than something on the
road system.
REPRESENTATIVE KREISS-TOMKINS understood Mr. Gease to be saying
that because there is an advisory board, and the agency needs to
convene the advisory board, that is where the bulk of the cost
originates.
MR. GEASE responded correct.
10:05:50 AM
REPRESENTATIVE EDGMON noted that the "local Wood-Tikchik state
management council" is made up of local members and offered his
presumption that park staff would normally go out to the park at
least once regardless. He therefore asked why the amount of
$20,000 and why the division's existing budget cannot absorb
this in the name of a project that has a lot of potential for
the area.
MR. GEASE answered he will get back to the committee later today
with the details of the budget.
REPRESENTATIVE EDGMON pointed out that the division issued the
fiscal note and questioned why the justification couldn't be
provided now.
MR. GEASE replied he doesn't have the fiscal note in front of
him currently and will have to get back to the committee with
the details of how the fiscal note was calculated.
REPRESENTATIVE EDGMON stated his hope that the bill will be
moved to its next committee of referral, which is the House
Resources Standing Committee, and that he is willing to deal
with this question in that committee.
10:07:23 AM
The committee took a brief at-ease.
10:07:39 AM
CHAIR STUTES opened public testimony on HB 99.
10:08:27 AM
STEVE PERKINS testified that he doesn't see what the rush is to
amend this bill. He disagreed that there is unanimous consent
in the region. He has talked to neighbors and friends who don't
think it is a good idea to rush into this. It seems [the bill]
originated from the Nushagak Electric and Telephone Cooperative
board of directors and he doesn't believe there has been a vote
on this by the cooperative's members. He said he opposes this
amendment.
10:09:27 AM
ROBERT HIMSCHOOT, Chief Executive Officer/General Manager,
Nushagak Electric and Telephone Cooperative, offered his belief
that there is "pretty close or as close as you're going to get
to consensus for local support here with the addition of the
amendments to this bill." A week and a half ago a very
productive meeting was held a week and came at this as a
consensus. Nushagak Cooperative believes that it can continue
with the studies under this substitute without it impeding the
ability to evaluate this project. The cooperative has held over
70 meetings of outreach and there will never be a 100 percent
consensus on anything of this size, but the cooperative believes
it got very close to 100 percent.
10:10:31 AM
MARK LISAC stated he is a member of the cooperative, a retired
fisheries biologist, a park advocate, and a renewable energy
advocate. In the past he has been opposed to the cooperative's
efforts to pursue the hydroelectric project by constructing dams
within the park. However, this project is a run-of-the-river
type project, which has a much lower footprint. The added
language of a five-year sunset will appease many people. He
said he is in support of pursuing an evaluation of the project
under the FERC permit requirements and therefore he is in
support of the amendment.
10:11:42 AM
CHAIR STUTES closed public testimony after ascertaining no one
else wished to testify.
10:12:04 AM
CHAIR STUTES commented that she is excited to see this coming
from a community that has hydropower as well as wind power.
10:12:17 AM
REPRESENTATIVE KREISS-TOMKINS moved to report the proposed CS,
Version 31-LS0714\K, Fisher, 5/3/19, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 99(FSH) was reported from the
House Special Committee on Fisheries.
10:12:42 AM
ADJOURNMENT
The House Special Committee on Fisheries meeting was recessed at
10:13 p.m. to a call of the chair. [The meeting never
reconvened.]