Legislature(1999 - 2000)

02/24/1999 01:02 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE RESOURCES STANDING COMMITTEE                                                                                     
                 February 24, 1999                                                                                              
                     1:02 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Scott Ogan, Co-Chair                                                                                             
Representative Jerry Sanders, Co-Chair                                                                                          
Representative Beverly Masek, Vice Chair                                                                                        
Representative John Harris                                                                                                      
Representative Ramona Barnes                                                                                                    
Representative Reggie Joule                                                                                                     
Representative Mary Kapsner                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Carl Morgan                                                                                                      
Representative Jim Whitaker                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 11                                                                                                   
Urging the United States Congress to pass legislation to open the                                                               
coastal plain of the Arctic National Wildlife Refuge, Alaska, to                                                                
oil and gas exploration, development, and production.                                                                           
                                                                                                                                
     - MOVED HJR 11 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SENATE BILL NO. 12                                                                                                              
"An Act classifying anadromous streams and tributaries; relating to                                                             
the designation of riparian areas; establishing buffers on certain                                                              
streams and relating to slope stability standards on certain                                                                    
streams; and requiring retention of low value timber along certain                                                              
water bodies where prudent."                                                                                                    
                                                                                                                                
     - MOVED SB 12 OUT OF COMMITTEE                                                                                             
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HJR 11                                                                                                                    
SHORT TITLE: ENDORSING ANWR LEASING                                                                                             
SPONSOR(S): REPRESENTATIVES(S) PHILLIPS, James, Harris, Whitaker,                                                               
Smalley                                                                                                                         
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/05/99       143     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/05/99       144     (H)  OIL & GAS, RESOURCES                                                                                
 2/08/99       173     (H)  COSPONSOR(S): WHITAKER                                                                              
 2/16/99               (H)  O&G AT 10:00 AM CAPITOL 17                                                                          
 2/16/99               (H)  MOVED CSHJR 11(O&G) OUT OF COMMITTEE                                                                
 2/16/99               (H)  MINUTE(O&G)                                                                                         
 2/16/99       227     (H)  COSPONSOR(S): SMALLEY                                                                               
 2/17/99       234     (H)  O&G RPT  CS(O&G) 5DP 1NR                                                                            
 2/17/99       234     (H)  DP:  WHITAKER, OGAN, PHILLIPS, BRICE,                                                               
 2/17/99       234     (H)  SMALLEY; NR: KEMPLEN                                                                                
 2/17/99       234     (H)  ZERO FISCAL NOTE (H.O&G)                                                                            
 2/17/99       234     (H)  REFERRED TO RES                                                                                     
 2/24/99               (H)  RES AT  1:00 PM CAPITOL 124                                                                         
                                                                                                                                
BILL: SB 12                                                                                                                     
SHORT TITLE: FOREST PRACTICES: STREAMS/TRIBUTARIES                                                                              
SPONSOR(S): SENATOR(S) MACKIE, Taylor, Lincoln, Leman, Pearce,                                                                  
Green, Elton                                                                                                                    
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/19/99        16     (S)  PREFILE RELEASED - 1/8/99                                                                           
 1/19/99        16     (S)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/19/99        16     (S)  RES, FIN                                                                                            
 1/29/99               (S)  RES AT  3:00 PM BUTROVICH ROOM 205                                                                  
 2/01/99               (S)  RES AT  3:00 PM BUTROVICH ROOM 205                                                                  
 2/01/99               (S)  MOVED OUT OF COMMITTEE                                                                              
 2/01/99               (S)  MINUTE(RES)                                                                                         
 2/01/99       127     (S)  COSPONSOR(S): TAYLOR                                                                                
 2/02/99       135     (S)  RES RPT  6DP                                                                                        
 2/02/99       135     (S)  DP: HALFORD, LINCOLN, PARNELL, GREEN,                                                               
 2/02/99       135     (S)  PETE KELLY, MACKIE                                                                                  
 2/02/99       135     (S)  ZERO FISCAL NOTE (DNR)                                                                              
 2/10/99       217     (S)  COSPONSOR(S): LINCOLN                                                                               
 2/11/99               (S)  FIN AT  9:00 AM SENATE FINANCE 532                                                                  
 2/11/99               (S)  MOVED OUT OF COMMITTEE                                                                              
 2/11/99               (S)  MINUTE(FIN)                                                                                         
 2/11/99       227     (S)  FIN RPT  6DP 2NR                                                                                    
 2/11/99       227     (S)  DP: TORGERSON, GREEN, PETE KELLY,                                                                   
                            ADAMS,                                                                                              
 2/11/99       227     (S)  WILKEN, LEMAN; NR: PHILLIPS, DONLEY                                                                 
 2/11/99       227     (S)  PREVIOUS ZERO FN (DNR)                                                                              
 2/16/99               (S)  RLS AT 11:40 AM FAHRENKAMP RM 203                                                                   
 2/16/99               (S)  MINUTE(RLS)                                                                                         
 2/17/99       269     (S)  RULES TO CALENDAR  AND 1OR 2/17/99                                                                  
 2/17/99       271     (S)  READ THE SECOND TIME                                                                                
 2/17/99       271     (S)  ADVANCED TO THIRD READING                                                                           
                            UNAN CONSENT                                                                                        
 2/17/99       271     (S)  READ THE THIRD TIME  SB 12                                                                          
 2/17/99       271     (S)  COSPONSORS: LEMAN, PEARCE, GREEN,                                                                   
                            ELTON                                                                                               
 2/17/99       272     (S)  PASSED Y20 N-                                                                                       
 2/17/99       276     (S)  TRANSMITTED TO (H)                                                                                  
 2/19/99       248     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/19/99       248     (H)  RESOURCES                                                                                           
 2/24/99               (H)  RES AT  1:00 PM CAPITOL 124                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
REPRESENTATIVE GAIL PHILLIPS                                                                                                    
Alaska State Legislature                                                                                                        
Capitol Building, Room 411                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-2689                                                                                                      
POSITION STATEMENT:  Testified as sponsor of HJR 11; as sponsor                                                                 
                     of similar legislation the previous year,                                                                  
                     testified in support of SB 12.                                                                             
                                                                                                                                
SENATOR JERRY MACKIE                                                                                                            
Alaska State Legislature                                                                                                        
Capitol Building, Room 427                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-4925                                                                                                      
POSITION STATEMENT:  Testified as sponsor of SB 12.                                                                             
                                                                                                                                
JEFF JAHNKE, Director                                                                                                           
Division of Forestry                                                                                                            
Department of Natural Resources (DNR);                                                                                          
and Presiding Officer, Board of Forestry                                                                                        
400 Willoughby, Third Floor                                                                                                     
Juneau, Alaska  99801-1724                                                                                                      
Telephone:  (907) 465-3379                                                                                                      
POSITION STATEMENT:  Testified in support of SB 12, on behalf of                                                                
                     both the DNR and the Board of Forestry.                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-10, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIR SCOTT OGAN called the House Resources Standing Committee                                                               
meeting to order at 1:02 p.m.  Members present at the call to order                                                             
were Representatives Ogan, Sanders, Masek, Harris and Joule.                                                                    
Representatives Barnes and Kapsner arrived at 1:07 p.m. and 1:16                                                                
p.m., respectively.                                                                                                             
                                                                                                                                
HJR 11 - ENDORSING ANWR LEASING                                                                                                 
                                                                                                                                
Number 0111                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN announced the first item of business would be House                                                               
Joint Resolution No. 11, urging the United States Congress to pass                                                              
legislation to open the coastal plain of the Arctic National                                                                    
Wildlife Refuge, Alaska, to oil and gas exploration, development,                                                               
and production.  He noted that no one was signed up to testify,                                                                 
then advised members of his intention to hold the resolution over                                                               
until after the Energy Council meetings in Washington, D.C.                                                                     
                                                                                                                                
Number 0179                                                                                                                     
                                                                                                                                
REPRESENTATIVE GAIL PHILLIPS, Alaska State Legislature, sponsor,                                                                
reminded members that the Arctic National Wildlife Refuge (ANWR)                                                                
resolution has been before this body for many years.  She said it                                                               
is imperative that Alaska focus on opening ANWR and keep the                                                                    
message before Congress.  Noting that many new Congress members                                                                 
aren't familiar with ANWR, she said seeing this resolution coming                                                               
from the state of Alaska, and the legislature of Alaska, is                                                                     
critical to eventual success.  It is the same as the past                                                                       
resolutions, which have always had overwhelming support from all                                                                
segments of the state.  She encouraged members' support.                                                                        
                                                                                                                                
Number 0260                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOHN HARRIS asked whether there was any reason to                                                                
have this pass before Alaskan legislators go to Washington, D.C.                                                                
                                                                                                                                
REPRESENTATIVE PHILLIPS said no.  She pointed out that the last                                                                 
resolution is on file there.                                                                                                    
                                                                                                                                
Number 0314                                                                                                                     
                                                                                                                                
REPRESENTATIVE BEVERLY MASEK asked what other steps Representative                                                              
Phillips foresees taking in Washington, D.C.                                                                                    
                                                                                                                                
REPRESENTATIVE PHILLIPS replied that Arctic Power, the Alaskan                                                                  
organization that manages the ANWR campaign, has sent invitations                                                               
to the legislators who are going to the Energy Council, asking them                                                             
to contribute time while there to meet with some of the new                                                                     
congressional offices; she believes they will do that.  She                                                                     
recounted how the one time the ANWR resolution had passed the House                                                             
of Representatives, she and others spent a whole summer on mission                                                              
trips, going to various states and meeting with various                                                                         
congressional members, especially the new ones; that will continue.                                                             
Representative Phillips said one of the best things that the Alaska                                                             
legislature can do is to meet one-on-one with both new and                                                                      
continuing Congress members, to reaffirm the Alaska State                                                                       
Legislature's commitment and position on ANWR.                                                                                  
                                                                                                                                
REPRESENTATIVE MASEK expressed full support for HJR 11 and the                                                                  
mission of getting the message to those in the Lower 48.                                                                        
                                                                                                                                
REPRESENTATIVE PHILLIPS emphasized that this is not just on behalf                                                              
of Alaska.  She noted that 25 percent of daily oil production in                                                                
the United States comes from the North Slope, and that figure will                                                              
grow as imports from other nations decline.  She said it is                                                                     
critical for the United States to take this into consideration.                                                                 
                                                                                                                                
Number 0545                                                                                                                     
                                                                                                                                
REPRESENTATIVE REGGIE JOULE commented that he is really glad to see                                                             
this resolution move forward.  One reason for passage of the Alaska                                                             
Native Claims Settlement Act was to allow communities to develop                                                                
resources.  He pointed out the irony, stating, "Then we have the                                                                
same source, on the other hand, saying, 'But you can't do it.'"  He                                                             
emphasized that those people who are most profoundly impacted are                                                               
very much in support of this resolution.  For example, in Kaktovik,                                                             
where the lands selection are, the community cannot even begin to                                                               
do anything.  There is frustration because they want to become more                                                             
economically viable, to provide jobs for their shareholders, to                                                                 
enjoy some benefits of enterprise, and to be able to see this                                                                   
develop.  However, because of the attitude of the current                                                                       
Administration, it is not going anywhere.  Representative Joule                                                                 
said he hopes the message of HJR 11 gets carried to Congress.                                                                   
                                                                                                                                
Number 0718                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN mentioned lobbying the new Congress members and said                                                              
he had been working with the director of Arctic Power, as well.  He                                                             
suggested that nine legislators may not be enough to cover all the                                                              
Congress members, but that they would do their best.                                                                            
                                                                                                                                
REPRESENTATIVE PHILLIPS emphasized that when the current                                                                        
Administration is no longer blocking the opening of ANWR, it will                                                               
take a concerted effort by all the legislators to get the message                                                               
across.                                                                                                                         
                                                                                                                                
Number 0776                                                                                                                     
                                                                                                                                
REPRESENTATIVE RAMONA BARNES asked why Co-Chair Ogan wished to hold                                                             
the resolution over to the following week.                                                                                      
                                                                                                                                
CO-CHAIR OGAN called an at-ease at 1:10 p.m.; the meeting came back                                                             
to order at 1:12 p.m.                                                                                                           
                                                                                                                                
Number 0780                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES made a motion to adopt the original version                                                               
of HJR 11, rather than CSHJR 11(O&G); she asked unanimous consent.                                                              
There being no objection, the original version was adopted.                                                                     
                                                                                                                                
Number 0823                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES made a motion to move HJR 11 from the                                                                     
committee with the accompanying zero fiscal note and individual                                                                 
recommendations; she asked unanimous consent.  There being no                                                                   
objection, HJR 11 moved from the House Resources Standing                                                                       
Committee.                                                                                                                      
                                                                                                                                
CO-CHAIR OGAN turned the gavel over to Co-Chair Sanders.                                                                        
                                                                                                                                
SB 12 - FOREST PRACTICES: STREAMS/TRIBUTARIES                                                                                   
                                                                                                                                
Number 0934                                                                                                                     
                                                                                                                                
CO-CHAIR JERRY SANDERS announced the next order of business would                                                               
be Senate Bill No. 12, "An Act classifying anadromous streams and                                                               
tributaries; relating to the designation of riparian areas;                                                                     
establishing buffers on certain streams and relating to slope                                                                   
stability standards on certain streams; and requiring retention of                                                              
low value timber along certain water bodies where prudent."                                                                     
                                                                                                                                
Number 0946                                                                                                                     
                                                                                                                                
SENATOR JERRY MACKIE, Alaska State Legislature, sponsor of SB 12,                                                               
came forward and asked Representative Phillips to join him at the                                                               
table.  He explained that Representative Phillips' bill had passed                                                              
both bodies the previous year.  She had asked Senator Mackie to                                                                 
introduce SB 12 in the Senate, where it passed rapidly by a vote of                                                             
20-0.  They are continuing to work together to see this happen.                                                                 
                                                                                                                                
SENATOR MACKIE read from the sponsor statement:                                                                                 
                                                                                                                                
     Senate Bill 12 is the result of a cooperative effort by forest                                                             
     users to evaluate the effectiveness and suitability of the                                                                 
     Forest Practices Act and recommend any improvements that would                                                             
     strengthen the protection of Alaska's streams and water                                                                    
     quality.                                                                                                                   
                                                                                                                                
     In 1996, the Board of Forestry established a science and                                                                   
     technical committee, comprised of scientists from the timber,                                                              
     commercial fishing, and environmental communities, as well as                                                              
     state and federal agencies, to review and assess expressed                                                                 
     concerns about the adequacy of the Act's protections.  The                                                                 
     committee's two-year study identified several opportunities to                                                             
     improve salmon habitat and water quality.  A stakeholders                                                                  
     committee then convened to incorporate these findings into the                                                             
     recommendations to the board.  The board subsequently endorsed                                                             
     these recommendations and requested legislative approval of                                                                
     the appropriate measures.                                                                                                  
                                                                                                                                
     Senate Bill 12 affects only the spruce and hemlock forests in                                                              
     the Department of Natural Resources' designated Region 1.                                                                  
     This is the coastal area from Ketchikan to Kodiak.                                                                         
                                                                                                                                
     Under current regulations, all anadromous streams are                                                                      
     protected, although exceptions are allowed for marginal                                                                    
     streams. ... Senate Bill 12 will eliminate all exceptions and                                                              
     provide additional protections.  As a result, the bill                                                                     
     accomplishes several goals:                                                                                                
                                                                                                                                
     1.   It assigns a "type" classification that covers all                                                                    
          streams, putting to rest concerns that some segments of                                                               
          anadromous streams were not included for protection.                                                                  
                                                                                                                                
     2.   It extends the no-harvest, riparian buffer zone to ALL                                                                
          anadromous fish streams, relative to "type."                                                                          
                                                                                                                                
     3.   It requires the retention of low-value timber along                                                                   
          certain tributaries where prudent, so that trees may                                                                  
          eventually fall into streams, forming natural pools                                                                   
          downstream that are important for fish rearing.                                                                       
                                                                                                                                
     I am pleased to sponsor this legislation that is a product of                                                              
     so much time, effort and deliberation by members of the                                                                    
     timber, fishing and environmental communities.  It is a                                                                    
     cooperative step forward in the protection and wise                                                                        
     utilization of our resources.                                                                                              
                                                                                                                                
Number 1128                                                                                                                     
                                                                                                                                
SENATOR MACKIE advised members that the forest industry is probably                                                             
the primary mover behind this.  He commended them for advocating                                                                
larger buffer zones and more protection in terms of logging.  He                                                                
said the forest industry has lived up to its commitment in                                                                      
supporting the science that will better protect our streams.                                                                    
Senator Mackie noted that present were Mr. Phelps of the Alaska                                                                 
Forest Association, Mr. Jahnke of the Division of Forestry; and                                                                 
Jerry McCune of the United Fishermen of Alaska.  He assured members                                                             
that this is a consensus bill among the various users of the                                                                    
resources.  He knows of no opposition to it.                                                                                    
                                                                                                                                
Number 1246                                                                                                                     
                                                                                                                                
REPRESENTATIVE GAIL PHILLIPS, Alaska State Legislature, told                                                                    
members that support for the prior year's resolution was virtually                                                              
unanimous last session, and support for SB 12 was unanimous in the                                                              
Senate last week.  It is consensus legislation, developed from a                                                                
great deal of work by all parties involved.  They had addressed                                                                 
Area 1 first and have now started work on Area 2; eventually they                                                               
will have re-evaluated the Forest Practices Act for the entire                                                                  
state.                                                                                                                          
                                                                                                                                
SENATOR MACKIE pointed out that the commercial fishing industry and                                                             
members from the environmental community have been very supportive.                                                             
Committee packets contain a zero fiscal note, maps showing the                                                                  
regions affected, classifications and studies.                                                                                  
                                                                                                                                
Number 1384                                                                                                                     
                                                                                                                                
CO-CHAIR SANDERS advised members that he would offer the                                                                        
Administration and the industry an opportunity to comment, even                                                                 
though everyone seemed to be in agreement.                                                                                      
                                                                                                                                
Number 1401                                                                                                                     
                                                                                                                                
JEFF JAHNKE, Director, Division of Forestry, Department of Natural                                                              
Resources (DNR); and Presiding Officer, Board of Forestry, came                                                                 
forward in support of SB 12, specifying that he spoke on behalf of                                                              
both the DNR and the board.  He said Senator Mackie had done a                                                                  
great job of explaining the bill.  Mr. Jahnke emphasized the                                                                    
participation in developing this resolution, which is carefully                                                                 
worded and has agreement.  He cautioned that too many changes may                                                               
make agreement difficult to sustain.                                                                                            
                                                                                                                                
CO-CHAIR SANDERS asked whether anyone else wished to testify; no                                                                
one came forward.                                                                                                               
                                                                                                                                
Number 1464                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES made a motion to move SB 12 from the                                                                      
committee with individual recommendations and the attached fiscal                                                               
note(s); she asked unanimous consent.  There being no objection, SB
12 moved from the House Resources Standing Committee.                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 1490                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Resources Standing Committee meeting was adjourned at 1:23 p.m.                                                                 

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