Legislature(1997 - 1998)

03/12/1998 01:11 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE RESOURCES STANDING COMMITTEE                                    
                   March 12, 1998                                              
                     1:11 p.m.                                                 
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Bill Hudson, Co-Chairman                                        
Representative Scott Ogan, Co-Chairman                                         
Representative Beverly Masek, Vice Chair                                       
Representative Fred Dyson                                                      
Representative Joe Green                                                       
Representative Irene Nicholia                                                  
Representative Reggie Joule                                                    
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Representative Ramona Barnes                                                   
Representative William K. (Bill) Williams                                      
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
* HOUSE BILL NO. 284                                                           
"An Act relating to infestations and diseases of timber."                      
                                                                               
     - HEARD AND HELD                                                          
                                                                               
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
BILL: HB 284                                                                   
SHORT TITLE: TIMBER THREATENED BY PESTS OR DISEASE                             
SPONSOR(S): REPRESENTATIVES(S) HODGINS                                         
                                                                               
Jrn-Date    Jrn-Page           Action                                          
05/10/97      1807     (H)  READ THE FIRST TIME - REFERRAL(S)                  
05/10/97      1807     (H)  RESOURCES                                          
03/12/98               (H)  RES AT  1:00 PM CAPITOL 124                        
                                                                               
WITNESS REGISTER                                                               
                                                                               
REPRESENTATIVE MARK HODGINS                                                    
Alaska State Legislature                                                       
Capitol Building, Room 110                                                     
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-3779                                                     
POSITION STATEMENT:  Sponsor of HB 284.                                        
                                                                               
MARTHA WELBOURN, Deputy Director                                               
Central Office                                                                 
Division of Forestry                                                           
Department of Natural Resources                                                
3601 "C" Street, Suite 1034                                                    
Anchorage, Alaska 99503-5937                                                   
Telephone:  (907) 269-8473                                                     
POSITION STATEMENT:  Provided testimony in opposition to HB 284.               
                                                                               
GEORGE PINE                                                                    
P.O. Box 4                                                                     
Tok, Alaska 99780                                                              
Telephone:  (907) 883-2182                                                     
POSITION STATEMENT:  Provided testimony in support of HB 284.                  
                                                                               
LARRY SMITH                                                                    
1520 Lakeshore Drive                                                           
Homer, Alaska 99603                                                            
Telephone:  (907) 235-3588                                                     
POSITION STATEMENT:  Provided testimony on HB 284.                             
                                                                               
LAURA HENRY                                                                    
P.O. Box 80284                                                                 
Fairbanks, Alaska 99708                                                        
Telephone:  (907) 455-6719                                                     
POSITION STATEMENT:  Provided testimony on HB 284.                             
                                                                               
DOUGLAS YATES, Education Coordinator                                           
Alaska Boreal Forest Council                                                   
P.O. Box 221                                                                   
Ester, Alaska 99725                                                            
Telephone:  (907) 479-8300                                                     
POSITION STATEMENT:  Provided testimony on HB 284.                             
                                                                               
DAN STEIN                                                                      
1712 Gilmore Trail                                                             
Fairbanks, Alaska 99712                                                        
Telephone:  (907) 458-9386                                                     
POSITION STATEMENT:  Provided testimony in opposition to HB 284.               
                                                                               
BRUCE ABEL, President                                                          
Juneau Chamber of Commerce                                                     
9999 Glacier Highway                                                           
Juneau, Alaska 99801                                                           
Telephone:  (907) 789-2155                                                     
POSITION STATEMENT:  Provided testimony in favor of HB 284.                    
                                                                               
PAMELA LaBOLLE, President                                                      
Alaska State Chamber of Commerce                                               
217 2nd Street                                                                 
Juneau, Alaska 99801                                                           
Telephone:  (907) 586-2323                                                     
POSITION STATEMENT:  Provided testimony in support of HB 284.                  
                                                                               
MURRAY WALSH, Representative                                                   
Juneau Resource Alliance                                                       
2974 Foster Avenue                                                             
Juneau, Alaska 99801                                                           
Telephone:  (907) 586-1106                                                     
POSITION STATEMENT:  Provided testimony in support of HB 284.                  
                                                                               
WAYNE NICOLLS, Representative                                                  
Alaska Society of American Foresters                                           
9723 Trappers Lane                                                             
Juneau, Alaska 99801                                                           
Telephone:  (907) 789-5405                                                     
POSITION STATEMENT:  Provided testimony in support of HB 284.                  
                                                                               
ROGER BURNSIDE                                                                 
(Address not provided)                                                         
Telephone:  (907) 269-8460                                                     
POSITION STATEMENT: Answered questions of the committee members on             
                    HB 284.                                                    
                                                                               
CLIFF EAMES, Representative                                                    
Alaska Center for the Environment                                              
519 West 8th Street, Number 201                                                
Anchorage, Alaska 99501                                                        
Telephone:  (907) 274-3621                                                     
POSITION STATEMENT:  Provided testimony in opposition to HB 284.               
                                                                               
SEAN McGUIRE                                                                   
351 Cloudberry Lane                                                            
Fairbanks, Alaska 99709                                                        
Telephone:  (Not provided)                                                     
POSITION STATEMENT:  Provided testimony on HB 284.                             
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-33, SIDE A                                                             
Number 0001                                                                    
                                                                               
CO-CHAIRMAN BILL HUDSON called the House Resources Standing                    
Committee meeting to order at 1:11 p.m.  Members present at the                
call to order were Representatives Hudson, Ogan, Masek, Dyson,                 
Nicholia and Joule.  Representative Green arrived at 1:17 p.m.                 
                                                                               
HB 284 - TIMBER THREATENED BY PESTS OR DISEASE                                 
                                                                               
CO-CHAIRMAN HUDSON announced the only order of business was House              
Bill Number 284, "An Act relating to infestations and diseases of              
timber."                                                                       
                                                                               
CO-CHAIRMAN HUDSON called on Representative Mark Hodgins, sponsor              
of the bill.                                                                   
                                                                               
Number 0058                                                                    
                                                                               
REPRESENTATIVE MARK HODGINS, Alaska State Legislature, sponsor of              
HB 284, stated the bill is an attempt to prod state government into            
reacting to the beetle kill situation, not only on the Kenai                   
Peninsula but other areas of the state.  He read the following                 
sponsor statement:                                                             
                                                                               
"This legislation amends AS 41.17.082(d) to require the                        
commissioner to implement necessary salvage measures when timber on            
state or municipal forest land is:                                             
                                                                               
     (1) infested or diseased and thereby poses a significant                  
     threat to surrounding healthy timber, or                                  
                                                                               
     (2) subjected to an environmental catastrophe, and as a                   
     result, is susceptible to infestation or disease, to                      
     prevent the spread of infestation or disease, the timber                  
     shall be salvaged as rapidly as practicable.  If                          
     possible, salvage should occur before there is a                          
     significant loss of merchantability of the timber."                       
                                                                               
REPRESENTATIVE HODGINS stated he will draw his comments on the                 
Kenai Peninsula.  The area has been infested with spruce bark                  
beetle that attacks the white spruce tree.  The infestation has                
spread  and because of the warming temperatures in Alaska the                  
spread is catastrophic.  There are some areas on the Kenai                     
Peninsula that are from 80 to 90 percent infected.  Unless                     
something is done with the timber, there is a tremendous fire                  
danger thereby not allowing any reforestation.  He would like to               
take the product - timber - that has been salvageable in the past              
and open it up to operators to remove it and get some value out of             
it.  For the past few years there have been different task forces              
to find out what can be done with the timber.  The only task force             
or commission that has not been done so far is to determine what               
direction the trees are going to fall.  Some of the timber is now              
past its usefulness.  It does not have enough moisture weight for              
even the chipping process, the lowest possible use.  But there is              
quite a bit of timber available for high-grade, value-added type of            
situations.  There are a number of timber operators on the Kenai               
Peninsula that would love to be able to select some of the timber,             
harvest it, reforest the areas, and utilize it for log homes and               
dimensional lumber.  The longer the wait, the timber becomes more              
and more useless.  In Ninilchik there are areas where the timber is            
virtually useless.  He asked the committee members to consider HB
284 with the idea of mandating the commissioner to do something                
when these types of infestations hit.                                          
                                                                               
Number 0341                                                                    
                                                                               
REPRESENTATIVE IRENE NICHOLIA asked Representative Hodgins whether             
the Kenai Peninsula Borough has a spruce beetle task force.                    
                                                                               
Number 0359                                                                    
                                                                               
REPRESENTATIVE HODGINS replied, "Yes."  He is not sure whether it              
would be the task force to determine which way the trees fall when             
they finally die.  In all seriousness, the borough does have a task            
force and has spent hundreds of thousands of dollars trying to                 
study the issue.  Each time the recommendation is to remove the                
trees and reforest the area for its health, another task force is              
developed.  "I guess they're trying to figure out that there's                 
nothing we should do or else wait till the trees are completely                
useless that they--nobody wants to cut them anymore."  There is                
danger of losing the forest in Kenai, Copper River, and other areas            
infected.  In Cooper Landing some areas were harvested about four              
to five years ago.  The Forest Service has tried to put forward                
tracks of land, only to be stopped by the environmentalists.  There            
is a tremendous concern from the environmentalists, but they are               
misguided because the intent is for reforestation, not to have the             
areas burn creating a hazard.  Last year, there was a meeting in               
Homer regarding the potential for a fire.  The fire department                 
reacted by having the people remove the timber from their homes or             
there will be another Millers Reach fire.  It is that critical in              
terms of the dryness of the timber and how fires spread.                       
Firefighters are reluctant to go into a spruce bark beetle area                
because of the intensity of the heat.  There have been resolutions             
brought forward from the borough and cities.  It has been an                   
ongoing thing for the last six to eight years.                                 
                                                                               
CO-CHAIRMAN HUDSON announced the arrival of Representative Green.              
                                                                               
Number 0596                                                                    
                                                                               
CO-CHAIRMAN SCOTT OGAN asked Representative Hodgins whether there              
are provisions in the bill that will actually help small timber                
operators.  He knows operators in his district that would like to              
get their hands on some quality timber.  In Montana, there was a               
huge log home industry built around salvaged timber sales.  He                 
would prefer to help the small operators than some of the bigger               
ones.                                                                          
                                                                               
Number 0694                                                                    
                                                                               
REPRESENTATIVE HODGINS replied that is exactly how he feels about              
it too.  He would prefer to have the small operator have the first             
shot, but the state is past that now.  Something needs to be done              
with the trees.  The bill would mandate the commissioner to do                 
those kinds of things.  There are small operators that would love              
to get some timber, but that is not going to solve the problem.                
There are areas on the Kenai Peninsula that would be uneconomical              
to salvage timber from.  Even the environmentalist would like to               
see something done when the forests turn red and the trees die.                
For the beetles to move there has to be a wind with a 60 degree                
temperature.  Beetles are not strong flyers, but they can be                   
carried for four to five miles downwind.  They infect usually a                
nine-inch and above tree, the kind of tree a small operator would              
like to harvest.  He has gotten some of the fishing industry to                
support selective harvesting, but it is cost prohibitive and the               
red tape is too extensive for a small operator to get involved.                
The Department of Natural Resources (DNR) is becoming more and more            
amiable to help satisfy the needs of small operators which is why              
the state's timber operations are usually geared to the larger                 
companies.                                                                     
                                                                               
Number 0876                                                                    
                                                                               
CO-CHAIRMAN OGAN referred to page 2, line 15, "exempt salvage and              
emergency sales of less than 200 acres from the preparation of a               
plan of operations under AS 41.17.090;" and asked Representative               
Hodgins whether it covers the streambed.                                       
                                                                               
Number 0917                                                                    
                                                                               
REPRESENTATIVE HODGINS replied there is a bill now that would                  
prevent activity from getting too close to the streambed.                      
                                                                               
CO-CHAIRMAN OGAN stated the bill is for Southeast Alaska, not                  
anywhere else.                                                                 
                                                                               
REPRESENTATIVE HODGINS stated in his area there is the Forest                  
Practices Act and the state.  There would be a setback situation at            
the commissioner's discretion.                                                 
                                                                               
REPRESENTATIVE HODGINS stated even though the language says 200                
acres there still is no access.  The larger operator is needed to              
put in roads for access.  The smaller operator works off of the                
accesses, otherwise they are stuck to roadside type of sales.                  
                                                                               
Number 0991                                                                    
                                                                               
REPRESENTATIVE FRED DYSON asked Representative Hodgins whether                 
there is a mechanism whereby revenues could come from the harvest              
of the timber to reimburse the state for the cost of the fiscal                
note.                                                                          
                                                                               
Number 1009                                                                    
                                                                               
REPRESENTATIVE HODGINS replied, "Yes."  The state has the ability              
to weight the monetary gain from harvesting against reforestation.             
The borough has received money back from CIP (capital improvement              
project) sales.  In order to solve the entire problem on the Kenai             
Peninsula it would cost the state about $9 million in revenues, and            
it would not receive any back.  He's not sure if even $9 million               
would even solve all of the problem, but it would solve a lot of               
it.  The idea is to get the forests healthy.  The beetles are                  
hitting trees 9 inches and above.  With the warmer weather and the             
tremendous amount of infestation, they are actually hitting the                
smaller trees which is a natural defense because a smaller tree is             
healthier so that when a beetle bores into the tree it is pitched              
out like candle wax.  If the wax is red in color it is from a                  
spruce bark beetle.  The Forest Practices Act says there must be               
450 live trees per acre left after seven years.  If that cannot be             
maintained through harvesting then reseeding is necessary.  It is              
imperative to remember the most important thing to do is reseed.               
According to statute, 25 percent of all revenue that comes in on               
forest lease sales has to go back for reseeding.  The legislature              
has been remiss by not following through with that statute.                    
                                                                               
Number 1153                                                                    
                                                                               
REPRESENTATIVE DYSON asked Co-Chairman Hudson whether it is his                
intent to move the bill out of the committee today.                            
                                                                               
CO-CHAIRMAN HUDSON replied he has not decided.  He definitely wants            
to give it a good hearing.                                                     
                                                                               
Number 1163                                                                    
                                                                               
REPRESENTATIVE JOE GREEN stated several years ago the state tried              
to do something in terms of safety because of the rapid expansion              
of the devastation.  A fire could "cook" a lot of tourists and                 
Alaskans given that the Kenai Peninsula is a one-road system.  He              
asked Representative Hodgins whether the plan in the bill is trying            
to get ahead of the problem and suppress the possibility of fire,              
trying to go back into areas that have already been devastated, or             
both.                                                                          
                                                                               
Number 1205                                                                    
                                                                               
REPRESENTATIVE HODGINS replied both.  The infestation on the Kenai             
Peninsula and the Hillside area in Anchorage is very, very                     
substantial.  At this point, removing the fuel source is probably              
the highest and best plan of attack along with reseeding.  The                 
entire Kenai Peninsula has been infested - 45 to 50 percent - and              
on average 60 to 70 percent of the infested areas are in various               
states of dryness and flammable.                                               
                                                                               
Number 1267                                                                    
                                                                               
REPRESENTATIVE GREEN asked Representative Hodgins, if the state is             
to look at just salvaging lands, is there a rationale for the huge             
fiscal note.  He also asked Representative Hodgins whether there is            
any avenue of federal assistance.                                              
                                                                               
Number 1304                                                                    
                                                                               
REPRESENTATIVE HODGINS replied last year Senator Torgerson went to             
Washington, D.C., talked with Senator Murkowski, and got $500,000              
to go towards preparing timber sales similar to the idea in the                
bill.  It has gotten off track.  Senator Torgerson had hoped that              
he would get $6 to $8 million from the federal government since                
most of Alaska is impacted by federal lands.  The problem is, if               
the state waits, it will probably be the one that writes the check.            
He would like to be proactive to mitigate any problems.  In                    
addition, testimony from the Kenai Peninsula Borough has indicated             
there are concerns of beetle killed trees that could be blown over             
in a high wind and affect the power lines, for example.  It is time            
to do something about it.  The salvage idea is going in the right              
direction.                                                                     
                                                                               
Number 1415                                                                    
                                                                               
REPRESENTATIVE GREEN wondered, if the state does not get ahead of              
the problem from a safety standpoint, is it too late to do                     
anything.                                                                      
                                                                               
Number 1444                                                                    
                                                                               
REPRESENTATIVE HODGINS stated the fire on the Kenai Peninsula in               
1947 burned for two years in Moose Pass.  It smoldered in the                  
muskeg and sprang up the next year.  Today, there is still evidence            
that there was a fire.  There will be areas on the Kenai Peninsula             
that will not be harvested and they will burn naturally.                       
Logically, the areas that can be harvested should be harvested                 
along with reforestation, and try to keep fires contained from the             
population centers.                                                            
                                                                               
Number 1500                                                                    
                                                                               
MARTHA WELBOURN, Deputy Director, Central Office, Division of                  
Forestry, Department of Natural Resources, testified via                       
teleconference in Anchorage.  The Department of Natural Resources              
(DNR) shares the concerns about the impact of infestations and                 
diseases on Alaska's forests, particularly the impact of the bark              
beetle epidemic in Southcentral.  The department continues to have             
active timber salvage and reforestation programs on the Kenai                  
Peninsula, Haines and Copper River.  The department has appreciated            
the support from the legislature in recent years through CIP                   
funding for the salvage programs.  On the Kenai Peninsula, the                 
department has offered 23 sales and 21 have been sold.  More sales             
are in preparation now.  The department is also working                        
cooperatively with the borough and local governments to reduce the             
risk of fires.  But many of the highest risk areas are not on state            
lands; they are on private lands.  The department is also working              
with the Spruce Bark Beetle Task Force on the Kenai Peninsula under            
the leadership of the borough.  The task force is identifying                  
priorities for actions to respond to the infestation.  It will                 
consider health and safety issues.  It is coordinating information             
and participation from a broad group of interests.  The department             
supports the process and looks forward to working with local, state            
and federal agencies, and private landowners to implement the                  
recommendations.  It will keep the legislature briefed on its                  
progress.  It has to act quickly because the final report to                   
Congress is due in June.  The department does not support HB 284 at            
this time.  Firstly, legislative action should wait for the                    
recommendations from the task force.  Secondly, as written, it                 
would increase agency work load with having little affect on the               
infestation on the ground.  It would require additional insect and             
disease surveys statewide to identify infestation zones, and                   
negotiation of agreements with numerous landowners.  Additional                
salvage would require funding for sale layout, design and                      
administration.  The bill would not provide the department with                
additional tools to address the funding, market and multiple-use               
issues that constrain current responses to infestations and                    
diseases.  A salvage sale often exceeds the cost of revenue                    
received, particularly when it requires reforestation.  And                    
reforestation is required from all areas that have been salvaged on            
state lands.  Finally, the exemption from the notification                     
requirements would eliminate the department's ability to enforce               
the Forest Practices Act on those sale areas, the only way to know             
what is happening on those lands.  A fiscal note from DNR has been             
transmitted to the committee.                                                  
                                                                               
Number 1676                                                                    
                                                                               
REPRESENTATIVE GREEN asked Ms. Welbourn when she first noticed the             
spruce bark epidemic.                                                          
                                                                               
Number 1681                                                                    
                                                                               
MS. WELBOURN replied it would have preceded her tenure with the                
division.  It was noted back in the 1980s.                                     
                                                                               
REPRESENTATIVE GREEN asked MS. Welbourn what was done to try and               
stem it.                                                                       
                                                                               
Number 1690                                                                    
                                                                               
MS. WELBOURN replied there were a variety of actions taken at the              
local level.  It has expanded at a speed and over a large enough               
area that it is probably not possible to control it.  The                      
contributing factor has been unusually warm weather.  It is not                
clear if it is controllable.                                                   
                                                                               
Number 1715                                                                    
                                                                               
REPRESENTATIVE GREEN stated he is concerned that the department                
would still stand in the way of an attempt to try and do some good.            
He asked Ms. Welbourn whether the department is going to wait until            
the entire state has died off, or just weather the storm.                      
                                                                               
Number 1750                                                                    
                                                                               
MS. WELBOURN replied the department has offered 23 salvage sales on            
the Kenai Peninsula, in the Haines and Copper River areas.  As                 
Representative Hodgins mentioned, much of the state's timber is not            
accessible.  In fact, access used to reach timber sales now has                
been through private lands built by the owners which greatly has               
reduced the cost of the sales.                                                 
                                                                               
Number 1775                                                                    
                                                                               
REPRESENTATIVE GREEN asked Ms. Welbourn whether there is a                     
deterioration in value with time after an attack.                              
                                                                               
MS. WELBOURN replied, "Yes."                                                   
                                                                               
REPRESENTATIVE GREEN asked Ms. Welbourn whether a lot of the timber            
sales suffer from too much time after the attack thereby reducing              
its value.                                                                     
                                                                               
MS. WELBOURN replied there are two things that have affected the               
value - the time since the attack and the drop in the markets.                 
                                                                               
Number 1799                                                                    
                                                                               
REPRESENTATIVE GREEN asked Ms. Welbourn how far can a beetle go                
from tree to tree.                                                             
                                                                               
Number 1815                                                                    
                                                                               
MS. WELBOURN replied a beetle can travel a few hundred yards.                  
                                                                               
Number 1820                                                                    
                                                                               
REPRESENTATIVE GREEN asked Ms. Welbourn whether there has been the             
concept of sacrificial trees discussed in order to keep the plague             
from expanding and to act as a fire break.                                     
                                                                               
Number 1840                                                                    
                                                                               
MS. WELBOURN replied on small sites that is possible.  A beetle can            
travel 100 yards without the assistance of wind.  As Representative            
Hodgins noted, a beetle can travel further with wind assistance.               
                                                                               
REPRESENTATIVE GREEN asked Ms. Welbourn whether the distance                   
depends on the strength of the wind.                                           
                                                                               
MS. WELBOURN replied, "Yes."  They can travel five to seven miles              
perhaps.                                                                       
                                                                               
Number 1855                                                                    
                                                                               
CO-CHAIRMAN OGAN stated the spruce trees are completely dead on                
Kalgin Island in the middle of Cook Inlet.                                     
                                                                               
CO-CHAIRMAN HUDSON asked Ms. Welbourn how it would get started on              
a place like Kalgin Island when they are not moveable, except for              
relatively short distances.                                                    
                                                                               
Number 1890                                                                    
                                                                               
MS. WELBOURN replied bark beetles are endemic.  Wherever there are             
spruce forests there are bark beetles.  They typically exist in                
relatively low numbers then periodically expand.  An outbreak                  
typically knocks out 30 percent of the mature trees, then die back             
down.  What is seen now is unusual, and part of the intensity is               
due to the weather conditions.                                                 
                                                                               
Number 1912                                                                    
                                                                               
REPRESENTATIVE HODGINS stated the beetles also spread through                  
transporting wood from one area into another area.                             
                                                                               
Number 1922                                                                    
                                                                               
CO-CHAIRMAN HUDSON asked Ms. Welbourn whether the outbreak in                  
Southeast is expanding.                                                        
                                                                               
Number 1932                                                                    
                                                                               
MS. WELBOURN replied there has been an active outbreak in the                  
Haines area and there have been salvage sales.  She does not know              
whether it is still expanding or starting to peak, however.                    
                                                                               
Number 1953                                                                    
                                                                               
REPRESENTATIVE NICHOLIA stated there is a $50 million budget cut               
process underway.  She wondered how the fiscal note would fit into             
the budget scheme and where would the money come from.                         
                                                                               
Number 1964                                                                    
                                                                               
REPRESENTATIVE HODGINS replied the fiscal note would increase the              
budget.  It is a matter of weighing what is good for the people in             
the state.  To solve the entire problem on the Kenai Peninsula it              
would cost from $8 to $9 million.  He suggests moving the fiscal               
note forward with the bill with the idea that any money spent on               
the idea in the bill would not be spent on fighting forest fires.              
In addition, it is important to remember that there could be human             
lives involved.  It is also a step towards healthy forests.  The               
state is outnumbered in terms of acres because of the outbreaks.               
Emergency declarations and moves are needed.                                   
                                                                               
Number 2058                                                                    
                                                                               
CO-CHAIRMAN HUDSON stated, in reference to buffers on anadromous               
streams mentioned earlier, it is his understanding that the Forest             
Practices Act requires buffers on all anadromous streams statewide.            
The bill recently introduced by Speaker Phillips (HB 373) would                
widen it to tributaries and other waters in Southeast only.  He                
asked Ms. Welbourn if the bill was passed would there be buffers on            
anadromous streams up North.                                                   
                                                                               
Number 2080                                                                    
                                                                               
MS. WELBOURN replied there are different standards for public and              
private lands now.  The bill (HB 373) would require a 66 foot                  
buffer on type A anadramous streams on private lands in Region I               
(the coastal areas).  There is a zone along the anadramous streams             
where harvest can take place in the rest of the state, but it has              
to be done with consideration for fish habitat and water quality.              
On state and municipal lands there is a required 100-foot set back             
in Region I and Region II.  Region II is state lands south of the              
Alaska Range.  In the area of Kenai and Copper River there is a                
100-foot buffer on state lands.  Under the bill, the department                
will maintain buffers anyway.  On private lands, if there is an                
exemption for sales less than 200 acres from a plan of operation,              
the department would not have a way of knowing about those                     
operations and no vehicle for enforcing the Forest Practices Act.              
                                                                               
Number 2143                                                                    
                                                                               
CO-CHAIRMAN OGAN referred to page 2, line 15 of the bill and asked             
Ms. Welbourn whether there could be a timber clearing on less than             
200 acres without a plan of operation and the department would not             
have a way to verify it.                                                       
                                                                               
MS. WELBOURN replied, "Correct."                                               
                                                                               
Number 2199                                                                    
                                                                               
GEORGE PINE testified via teleconference in Tok.  He supports the              
bill.  He supports (2) on page 2, line 13 because the eventual loss            
of revenue would be greater in the long run than what it might cost            
the state at that particular time.  He also supports (3) and (4) on            
page 2.  Forestry wants to have its finger on everything that is               
going on in the state, but in the process time is being wasted when            
it could contribute to the harvesting of the timber.  If there had             
been a more aggressive program earlier, the state would not be                 
facing a lot of the problems today.  In the Tok area there are                 
little patches of infested timber.  He would like to make sure that            
while it is small it can be harvested.                                         
                                                                               
Number 2288                                                                    
                                                                               
CO-CHAIRMAN HUDSON asked Mr. Pine what he produces now in Tok in               
terms of volume.                                                               
                                                                               
Number 2297                                                                    
                                                                               
MR. PINE replied he has been producing and harvesting timber killed            
from the 1986 fire.  He has also been buying green timber from the             
state.  Production is around 400,000 cubic board feet.                         
                                                                               
Number 2319                                                                    
                                                                               
LARRY SMITH testified via teleconference in Homer.  He has been                
using spruce on the Kenai Peninsula for 39 years as a matter of                
preference.  He participated in the rewrite of the Forest Practices            
Act.  The first meeting in Homer on controlling bark beetle was 20             
years ago.  The experts assured everyone that there was no problem.            
There is a longer history than most people are aware of.  He read              
a forest service report from 1904, "Along both shores of Kachemak              
Bay and on the elevated plateau between it and Cook Inlet, the                 
forest condition is poor.  While there's a fair stand of trees for             
the region, they are practically gone.  Along the bays shore, 40 to            
60 percent of the older standing trees are dead, and on the high               
plateau 80 to 100 percent are dead but still standing.  Having                 
evidently all died about the same time, they are being succeeded by            
new growth not as thrifty as their predecessors.  This growth has              
not yet grown to lumber size.  The largest being only 12 to 14                 
inches in diameter and without care their future is destruction by             
fire."  There has not been a significant fire along the low lands              
in Kachemak Bay because it is not a fire ecology.  As a resident of            
Homer, he has cut down, sawed and turned into furniture old                    
standing dead wood.  The Kenai burn in 1947 allowed him to build a             
house 30 years after the burn.  In fact, there are poles still                 
being sold from that burn.  That is not to say that trees will                 
stand up forever.                                                              
                                                                               
TAPE 98-33, SIDE B                                                             
Number 0000                                                                    
                                                                               
MR. SMITH continued.  Studies have shown that dead trees going back            
20 years are still useful for chips and pulp.  The highest value               
for the timber is when it is turned into houses and lodges.                    
Standing dead trees have always been a very valued commodity to                
make log buildings, for example.  Trees are deliberately killed by             
girdling so they dry out standing to make log buildings.  It                   
happens in Scandinavia and America.  At the Kennicott Mine                     
deliberate fires were set to dry out the standing dead wood for                
building and fuel.  There is a history of miners up the Kuskokwim              
and Yukon Rivers that deliberately carried beetle infested trees as            
a logging technique and strapped them into un-infested areas to dry            
other trees for a source of fuel wood for the steamboats and                   
building materials for the mining operations.                                  
                                                                               
MR. SMITH stated ten years ago a group that he is associated with              
in Homer asked that the provision in the Forest Practices Act                  
extend to their part of the state.  They were pleased when there               
was no opposition and now there is language in statute.  He                    
sympathizes with Representative Hodgins because there has never                
been a ticket written by the Department of Natural Resources to use            
any of the tools that were increased in 1990.  Therefore, he                   
suggests providing funds so that the state can step forward and                
hire entomologists to enforce the Forest Practices Act (FPA) as it             
exists.  The Kenai Peninsula Borough and the Alaska Board of                   
Fisheries in resolutions have asked that the principle                         
responsibility for the FPA be transferred from DNR to the                      
Department of Fish and Game, an agency that might have a better                
budget.  Try it first before introducing additional legislation,               
otherwise ten times as much money will be needed than what is                  
called for in the fiscal note.                                                 
                                                                               
Number 0194                                                                    
                                                                               
LAURA HENRY testified via teleconference in Fairbanks.  As a                   
relatively new citizen of Alaska, she wonders what is the purpose              
of the bill.  She's not convinced it is economics.  It can't be                
aesthetics because the sight of a clear cut is much more offensive             
than dead trees left by beetles.  The only thing left is an honest             
attempt to control the threat of infestation or disease.  Why try              
to control a natural process? she asked.  Nature generally knows               
how to mange itself.  Dead trees are a healthy part of a healthy               
forest.  Are we scared of the threat of fire? she asked.  Biologist            
have long agreed that fires are often necessary for the survival of            
an ecosystem.  Alaska is the easiest place in the nation to let                
fires run their course.  The bill would be a step in the exact                 
opposite direction.  The bill does not make any sense at all.                  
                                                                               
Number 0310                                                                    
                                                                               
DOUGLAS YATES, Education Coordinator, Alaska Boreal Forest Council,            
testified via teleconference in Fairbanks.  Beetles like fire are              
a natural part of the forest ecosystem.  Expert after expert will              
say that the spread of beetles can not be controlled.  He                      
recommends deferring any movement on the bill until the Kenai                  
Peninsula task force has the opportunity to investigate all of the             
options available.  Similarly, the council is sponsoring a beetle              
workshop in Fairbanks on April 9 and 10 where other experts -                  
foresters, economist, ecologists - will bring issues to the public             
that bear directly on this phenomena and bill.  He is sympathetic              
to Representative Hodgins' issue of defensible space for homes and             
businesses, but the bill goes further than that.                               
                                                                               
Number 0393                                                                    
                                                                               
DAN STEIN testified via teleconference in Fairbanks.  He is a                  
recent graduate in forest ecology.  He is in opposition to HB 284.             
It is a hasty move to deal with the bark beetle infestation around             
the state.  It is not about retarding the movement of the beetle,              
but more of an excuse to cut healthy and diseased timber at an                 
increased rate.  Harvesting will not stop the spread of beetles.               
The bill mandates that salvage operations need to be implemented               
even at a loss to the state.  If logging will not stop the spread              
of the beetle, the question should be asked if the timber industry             
needs to be subsidized.  The issue of a fire hazard is a concern to            
communities, but live trees, especially spruce, can be a greater               
fire risk because they retain their beetles and are extremely                  
flammable.  The worry is valid, but it needs to be put into                    
perspective.  The bill is premature and potentially undermines the             
federally funded Kenai Peninsula Bark Beetle Task Force.  It is                
addressing the same issue with experts from various fields,  House             
Bill 284 was not drafted with the variety of interest and                      
expertise.  In addition, in April the Alaska Boreal Forest Council             
is hosting a symposium for land managers, legislators, and faculty             
members from the university system.  The main issue is the health              
of forests in the Interior, primarily beetle infestations.  The                
bill would affect the whole state when management might be                     
different in Southeast, for example.  The Board of Forestry is also            
a forum to discuss these matters.  It should be asked to review the            
bill.  In July, the board's agenda is to review what is known about            
the bark beetle in the state.  The bill would also call for greater            
clarification - Section 2(3) and (5).  Currently, the acreage                  
exempted from a plan of operation in Region I is 10 acres; Region              
II - 48 acres; and Region III - 160 acres.  Therefore, it is not a             
drastic increase for the Interior, but what about Southeast and                
Southcentral.  Subsection (5) would allow any chapter in the Forest            
Practices Act to be waived to allow for salvage logging.  It would             
also allow the public comment period to be waived.                             
                                                                               
Number 0578                                                                    
                                                                               
BRUCE ABEL, President, Juneau Chamber of Commerce, testified in                
Juneau.  The chamber represents interests with the objective of                
improving the business climate and to make communities more                    
prosperous, ecologically attractive, and a better place to work and            
live.  The chamber has been aware of the unprecedented loss of                 
spruce forests on the Kenai Peninsula, Southcentral and the                    
northern part of Southeast.  The chamber is also aware that many               
leaders have recognized the disastrous loss and the potential                  
threat of property and life by fire.  Insects and disease                      
infestations pose adverse economic and environmental impacts on the            
communities, lands, fish and wildlife resources.  When a large part            
of forests are devastated the resulting build-up of fuels also                 
threatens homes, businesses, schools and the people who live within            
or adjacent to the dead forests.  The Juneau Chamber of Commerce               
strongly supports HB 284.  The provisions to salvage dead trees                
will not only yield economic benefits, but also help retard the                
spread of infestation and ensure the restoration of the spruce                 
forest ecosystems essential for fish and wildlife species dependent            
on the forest and restore the scenic and aesthetic values.                     
                                                                               
Number 0686                                                                    
                                                                               
PAMELA LaBOLLE, President, Alaska State Chamber of Commerce,                   
testified in Juneau.  The chamber is in favor of the bill.  For the            
last two years the issue of the spruce bark beetle epidemic has                
been high on the chamber's priority list.  Action should have been             
taken years ago.  It has now reached an emergency status.  The                 
chamber is greatly concerned about the forest ecosystems, their                
habitats and destruction in populated areas causing property values            
to diminish, and the increasing risk of fires.  The cost of                    
fighting a fire is very significant not only in dollars but lives              
when it can be diverted.  The chamber feels it is imperative that              
the legislature take action now.  If the state continues to study              
the spruce bark beetle, there will be dead and rotten timber with              
no economic value.  It presents a significant fire danger that                 
harms the ecosystem and does not give back anything.  At least in              
logging one of the benefits is reseeding.  The cost in the front-              
end will save more money than if the states waits any longer.  The             
chamber very strongly urges the committee members to support the               
bill.                                                                          
                                                                               
Number 0880                                                                    
                                                                               
MURRAY WALSH, Representative, Juneau Resource Alliance, testified              
in Juneau.  The alliance is associated with the chamber of                     
commerce, but fancies itself as more bony and gristly.  The gravity            
of the spruce bark beetle is not being appreciated.  There is a lot            
of talk about the natural cycles, but prairie fires can be                     
considered natural even if they burn towns because of the way                  
deserts work.  The bark beetle should not be compared to that.  It             
should be compared to the bubonic plague as a natural cycle among              
human beings.  It is far more frightening and dangerous than what              
prairie fires represent in California.  If there is a complaint                
from the alliance about the bill, it does not ring its bells                   
enough.  It does not frighten enough.  It is a good attempt to do              
something, but if the legislature is going to do anything it should            
do more.  The spruce bark beetle could have a dramatic effect on               
the forest landscape of Alaska as the goat did to the landscape of             
the Middle East thousands of years ago.  The introduction of the               
goat turned the grasslands and forests into deserts.                           
                                                                               
Number 0971                                                                    
                                                                               
REPRESENTATIVE GREEN stated, even if it is a delaying cause, the               
state should do something proactive.  He would sleep better at                 
night knowing that he did his very best to prevent something from              
happening rather than watching it go.                                          
                                                                               
Number 1016                                                                    
                                                                               
WAYNE NICOLLS, Representative, Alaska Society of American                      
Foresters, testified in Juneau.  The society generally supports HB
284.  It is primarily concerned with the fire potential and all                
that it could mean to the landscape, watersheds and so forth.  The             
primary interest in the long-term is the restoration of the spruce             
forest ecosystem.  The society does not presume to guess what the              
task force will come up with, but there is nothing in the bill that            
would bind or restrict what it may come up with.  In regards to the            
idea of it being natural, it depends on the definition of nature.              
For example, the bronchitis that he has had since December is                  
natural, but he does not want to live with it any longer.                      
Initially, some measure of control is possible such as, removing               
preferred trees in advance of an epidemic.                                     
                                                                               
CO-CHAIRMAN HUDSON stated one of the suggestions by Representative             
Green is to put up a beetle/fire break.                                        
                                                                               
MR. NICOLLS stated it is passed that now for the vast majority of              
areas.                                                                         
                                                                               
Number 1195                                                                    
                                                                               
REPRESENTATIVE GREEN asked Mr. Nicolls whether there is any type of            
spray that could be used in remote areas.                                      
                                                                               
Number 1211                                                                    
                                                                               
MR. NICOLLS replied he does not know about the use of any type of              
pesticides on the beetle in a forest situation.  There are                     
treatments for individual trees in home sites, however.                        
                                                                               
Number 1241                                                                    
                                                                               
REPRESENTATIVE GREEN stated hypothetically a prisoner with an                  
electronic monitor could be sent out to the front areas with a                 
systemic fertilizer to help do something.                                      
                                                                               
Number 1257                                                                    
                                                                               
MR. NICOLLS replied the timeliness of anything effective is so                 
strict that it is very difficult to treat the problem on a large               
scale with an aerial spray.                                                    
                                                                               
Number 1297                                                                    
                                                                               
CO-CHAIRMAN HUDSON asked Mr. Burnside to address the question of               
using a spray to halt the disease.                                             
                                                                               
Number 1300                                                                    
                                                                               
ROGER BURNSIDE testified via teleconference in Anchorage.  He                  
stated the use of a spray is only possible to prevent attacks on a             
tree-by-tree basis, not over the landscape.  A beetle is protected             
for 99 percent of its life cycle under the bark where it can't be              
reached by chemicals.                                                          
                                                                               
REPRESENTATIVE GREEN asked Mr. Burnside about a systemic attack.               
                                                                               
MR. BURNSIDE replied a systemic attack has been tried with a                   
limited amount of success.  It is cost prohibitive in remote areas             
because of the transportation of people and equipment.  There is no            
way he can see any control of the beetle population because it is              
out of control.  There is no way to get ahead of it to attack it.              
It is probably a natural event in terms of when the outbreaks have             
occurred in the past.  He does not know how throwing enough money              
at it will address the problem statewide.                                      
                                                                               
Number 1395                                                                    
                                                                               
CO-CHAIRMAN HUDSON asked Mr. Burnside whether there has been other             
large disease areas like this that have cured themselves or                    
recovered and went on to be healthy forests.                                   
                                                                               
MR. BURNSIDE replied he does not want to get into defining what is             
a healthy forest.  A healthy forest is a natural system with as                
much growth and diversity of wildlife and plants as those dying                
each year.  He cited the Copper River valley in the early to mid               
1920s.  It did respond in some respects because there was                      
regeneration of some sites.  It will depend a lot on the specific              
areas.  He does not see it occurring in the Interior unless there              
is a major disturbance like a fire to clear the seedbed for                    
regeneration.  He is not sure whether it will be fire or insects               
that will shape the ecosystem of the Kenai Peninsula.  This is a               
complex subject and the intent of the legislation is good.                     
However, the state has been at it from seven to nine years now.                
There is not the tools to deal with the outbreaks on the scale that            
the state has experienced yet.                                                 
                                                                               
Number 1527                                                                    
                                                                               
REPRESENTATIVE HODGINS stated, in response to Representative                   
Green's question, when a beetle attacks a tree no nutrients can                
travel up it.  A prevention method is to keep them well watered and            
healthy enough to pitch out the pest when it hits.  A spray is                 
limited because it requires spraying the bottom of the tree.  The              
state is forced with a natural occurrence, but it needs to decide              
what to do with the affected trees.                                            
                                                                               
Number 1627                                                                    
                                                                               
REPRESENTATIVE GREEN stated is seems ironic that people can be sent            
to the moon, but an insect can beat us.  It is ironic that the                 
federal government says do not log to prevent mill closures in                 
Southeast, and then stands by idling when the spruce bark beetle is            
ruining the forests.  A systemic bug killer should be able to be               
done on the trees.                                                             
                                                                               
Number 1708                                                                    
                                                                               
MR. NICOLLS stated he knows of two instances in southern Ontario               
and northern Minnesota where there was an epidemic.  Most of the               
sites were converted to a low-value hardwood aspen and birch.  It              
is taking a whole cycle to evolve to what it was before the                    
epidemic.  In another instance of a disease it went to grass and               
very slowly became encroached by the conifers and started back.                
                                                                               
Number 1770                                                                    
                                                                               
CO-CHAIRMAN HUDSON stated from his observation, as a resident of               
the Kenai Peninsula, the first thing that comes back are the birch.            
                                                                               
Number 1802                                                                    
                                                                               
MR. NICOLLS stated, depending on what is there, it is a logical                
expectation in a lot of places.                                                
                                                                               
CO-CHAIRMAN HUDSON stated then eventually spruce as was the case               
Mr. Nicolls mentioned.                                                         
                                                                               
MR. NICOLLS stated it could be brought back to a spruce forest with            
site preparation and artificial planting.                                      
                                                                               
Number 1835                                                                    
                                                                               
REPRESENTATIVE GREEN stated it will be an issue for the twenty-                
second century legislators.                                                    
                                                                               
Number 1905                                                                    
                                                                               
CLIFF EAMES, Representative, Alaska Center for the Environment,                
testified via teleconference in Anchorage.  Its membership includes            
about 8,000 families.  The center opposes HB 284.  He has been                 
following the issue for many years.  He noted that the Miller Reach            
fire was not affected by the spruce bark beetle.  He agrees with               
the others who have suggested it is a bad time to take action on               
the bill when the task force is just starting to deliberate.  A                
task force was established several years ago that recommended                  
deleting quite a few state proposals of large sales in the back                
countries and recommended postponing a number of other large sales.            
In December of 1996 the Division of Forestry indicated in a report             
that the spruce bark beetle epidemic can not be controlled in                  
Southcentral Alaska.  Fire is a great concern for a lot of people,             
and it is likely that the task force will focus on the issue.  Fire            
in the back country is very beneficial ecologically, however.  The             
state should be focusing on communities, humans, and human                     
improvements.  There can be defensible spaces and provide                      
assistance to create defensible spaces around homes and businesses.            
There can be the prevention of fires from starting.  Almost all of             
the fires are caused by humans.  There can be an adequate                      
firefighting capabilities to hit fires rapidly.  And there can be              
prescribed fire to reduce the risks.  In terms of economics, the               
large fiscal note suggests how uneconomical sales are.   A former              
state forester said salvage sales do not usually pay for                       
themselves; they pay for only part of the reforestation cost; and              
usually, do not pay for all of the preparation and administration.             
In addition, historically, there has not been a large timber                   
industry on the Kenai Peninsula.  Fish and wildlife are important              
to lots of Alaskans, but there is no evidence that infestations are            
adversely affecting them in their balance.  Again, a former state              
forester said, "We have not been able to find a wildlife manager               
who believes that the spruce bark beetle epidemic will be                      
detrimental to wildlife in the long-term.  Likewise, we have not               
been able to find a fisheries biologist who believes that the                  
epidemic will have a long-term impact on fish habitat or water                 
quality.  Also, the wildlife managers and fisheries biologists we              
know are reluctant to say that logging, even if done well, will                
have fewer impacts than letting the epidemic run its course."                  
There has been a lot of talk about reforestation when there might              
be some important ecological reasons for the delay in natural                  
regeneration.  He challenged the committee members to find an                  
ecologist or fish and wildlife biologist who believes that the                 
infestation is an ecological catastrophe.  As far as scenic beauty             
is concerned, the changes in the landscape from spruce bark beetle             
kills are naturally occurring and will cause a much less visible               
impact than timber harvest.  Finally, there is really very little              
scientific or public support for logging and road building in the              
back country.  The center urges the committee members to keep the              
bill in the committee.                                                         
                                                                               
Number 2350                                                                    
                                                                               
SEAN McGUIRE testified via teleconference in Fairbanks.  Look back             
three or four years ago to a salvage writer at the federal level.              
It was such a disaster that it came to be known as "logging without            
logs."  It caused huge controversy.  It allowed timber operators to            
just go in and take what they wanted.  There was very little                   
oversight.  It got so bad that timber operators later admitted,                
even though they fought for the bill, they wished that it hadn't               
happened because it became such a liability.                                   
                                                                               
TAPE 98-34, SIDE A                                                             
Number 0000                                                                    
                                                                               
MR. McGUIRE continued.  And that logging would probably be worse               
for wildlife and fish.  Now, this isn't some environmentalist                  
saying this, it is the state forester for Alaska.  In addition, the            
forest before the whites got here was one of the great forests on              
the planet.  The forest did not have a problem with the spruce bark            
beetle before white man came here.  The idea that white man is                 
going to save the forest is kind of a joke.  The forest does just              
fine without us.  Finally, the legislators in Juneau have very                 
little credibility.  They have spent that last 15 years working at             
odds with the environment trying to tear it down in many ways.  It             
does not wash to say that the environment is part of the reason for            
the bill.                                                                      
                                                                               
Number 0195                                                                    
                                                                               
CO-CHAIRMAN HUDSON replied he has not heard anybody that has                   
testified before the committee indicate their political                        
affiliation.                                                                   
                                                                               
MR. McGUIRE stated he is basically talking about the members of the            
House Resources committee, minus the Democrats.  The Republican                
party does not have a very good track record for the environment.              
That is not disputed among anybody.                                            
                                                                               
Number 0270                                                                    
                                                                               
CO-CHAIRMAN OGAN stated he supports the concept of the bill.  For              
the record, the Millers Reach fire was not a spruce bark beetle                
fire.  In fact, stands of hardware were being burnt.  The spruce               
bark beetle problem is because of the lack of management.  Forests             
were fine because they were allowed to burn naturally, and by                  
supressing fires over the years there are over mature trees.  The              
state should log as much as possible, but the legislators have a               
public trust responsibility to make sure that the fish streams are             
not harmed in any way.  He is concerned that on page 2, line 15 it             
could harm them on small tracts and loose important salmon spawning            
streams.  And on page 2, line 19, he has never seen a requirement              
that gives the commissions the authority to waive a chapter and                
regulations adopted under a chapter.  It is not a good idea to                 
delegate legislative authority away to a commissioner.  Enough is              
delegated away as it is.                                                       
                                                                               
CO-CHAIRMAN OGAN made a motion to strike (5) on page 2, lines 19-              
21.                                                                            
                                                                               
REPRESENTATIVE GREEN objected.                                                 
                                                                               
Number 0479                                                                    
                                                                               
REPRESENTATIVE HODGINS stated when the paragraph was put in there              
was quite a bit of consternation and thinking.  In a true salvage              
situation the commissioner would be the steward of the land through            
the governor, and there might be times when there would be areas               
that would need to be waived in terms of bonding, and other                    
requirements to get critical land into the salvage operation.  If              
a commissioner started to waive other things that would safeguard              
the salmon streams, there would be such human outcry.  He is trying            
to keep a simple bill that would allow the discretion of the                   
administration to determine if something should be done in a                   
certain way or not.  He would like to see the subsection stay in               
the bill, but the bill is more important than it.                              
                                                                               
Number 0603                                                                    
                                                                               
CO-CHAIRMAN OGAN stated the commissioner is not the steward of the             
land, the legislature is.  The governor is not the steward of the              
land, the legislature is.  The Resources committee has the ultimate            
authority and a fiduciary duty to manage the resources held in                 
trust.  He reiterated he is real supportive of the bill, but cannot            
support it and vote for it, if it would give the commissioner the              
ability to waive a requirement of the chapter.  It is a precedent              
that should not be started with this legislature.                              
                                                                               
Number 0664                                                                    
                                                                               
REPRESENTATIVE GREEN stated the legislature empowers bureaucrats               
with far more reaching authority than this when it allows the                  
commissioner of natural resources to establish royalties on oil and            
gas leases.                                                                    
                                                                               
Number 0698                                                                    
                                                                               
CO-CHAIRMAN OGAN responded yes the legislature does give the                   
commissioner the ability to negotiate royalties.  Generally, it                
comes back for legislative approval.  Therefore, not complete                  
authority is delegated.  He asked the committee members whether                
they have seen a law put on the books that gives the commissioner              
the ability to waive a requirement of a chapter.                               
                                                                               
REPRESENTATIVE GREEN replied emergency reactions to fires when                 
there is not a competitive bid.                                                
                                                                               
CO-CHAIRMAN OGAN stated that is not waiving a whole chapter.                   
                                                                               
REPRESENTATIVE GREEN stated it is waiving a requirement for a                  
competitive bid.  The subsection is waiving a requirement for                  
emergency operations in the case of a spruce bark epidemic.                    
                                                                               
CO-CHAIRMAN OGAN stated he does not believe that waiving an entire             
chapter has been put into statute.                                             
                                                                               
Number 0812                                                                    
                                                                               
CO-CHAIRMAN HUDSON stated (5) provides a waiver of a requirement of            
the chapter and regulations if the commissioner finds that the                 
waiver will substantially contribute to controlling or eliminating             
the infestation of disease.  Co-Chairman Ogan is concerned that the            
bill would give a broad waiver of all provisions in Chapter 17 as              
opposed to some element of it.  The intent is largely confined to              
the applications of those controlling the spruce bark beetle, not              
a carte blanche waiver.  He does not read it the same way as Co-               
Chairman Ogan.                                                                 
                                                                               
Number 0881                                                                    
                                                                               
REPRESENTATIVE GREEN replied he reads it the same way as Co-                   
Chairman Hudson.  If action had been taken in a more timely fashion            
in certain areas, the outbreaks could have been prevented or                   
postponed in very critical areas, according to testimony.                      
                                                                               
Number 0920                                                                    
                                                                               
CO-CHAIRMAN OGAN stated, if there is not agreement on this, then               
the bill should be held over until there is a legal opinion of the             
provision.  The subsection says "waive a requirement of this                   
chapter".  It would give the commissioner the authority to waive a             
requirement of anything in Chapter 17, including forest resources              
and practices.  He is supportive of the bill; he is not supportive             
of undermining the legislature's authority.                                    
                                                                               
Number 0991                                                                    
                                                                               
REPRESENTATIVE HODGINS suggested adding the language, "If the                  
commissioner finds that the waiver will substantially contribute to            
controlling or eliminating the infestation or disease, the                     
commissioner may waive a requirement in this chapter and                       
regulations adopted."                                                          
                                                                               
Number 1012                                                                    
                                                                               
CO-CHAIRMAN HUDSON stated he is not convinced that Representative              
Hodgins' suggestion will work.  He suggested inserting the                     
language, "waive a requirement of this chapter and regulations                 
related to the control of an infestation under this chapter if the             
commissioner finds that the waiver will substantially contribute to            
controlling or eliminating the infestation or disease."  The                   
language would restrict a waiver to the subject of the bill.                   
                                                                               
Number 1063                                                                    
                                                                               
CO-CHAIRMAN OGAN responded he still has concerns that the                      
legislature is delegating its authority to allow the commissioner              
to waive a law as he sees fit.  It could ultimately harm fish                  
streams.                                                                       
                                                                               
Number 1087                                                                    
                                                                               
REPRESENTATIVE HODGINS replied it could ultimately save fish                   
streams.  A fire destroys soil that erodes into streams.  And, if              
there is a destroyed ecosystem in the soil, it will impact the                 
salmon streams.  He understands the concern of Representative Ogan             
about giving too much power to a single individual.  He would like             
to find a solution that they both can live with.                               
                                                                               
Number 1154                                                                    
                                                                               
CO-CHAIRMAN HUDSON stated the committee has lost its quorum.  No               
further action can be taken.  The motion will remain on the table              
until the committee meets again.                                               
ADJOURNMENT                                                                    
                                                                               
Number 1186                                                                    
                                                                               
CO-CHAIRMAN HUDSON adjourned the House Resources Standing Committee            
meeting at 3:05 p.m.                                                           

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